
In this article, Senior Consultant Solicitor and food safety and hygiene expert, Neena Jhawer, discusses what you can do if your business is facing an investigation.
If your food business is under investigation for hygiene or food safety offences, handling the situation with care is crucial. A single investigation can impact your reputation, revenue, and even your business’s future. Whether you’re a large supermarket chain or a small independent eatery, these situations require a calm and measured response. This guide outlines the key steps you should take if your business faces such scrutiny.
1. Stay Calm and Cooperate
Being investigated by enforcement officers can be stressful, but it’s important to remain calm. Always treat the investigators with professionalism and respect, as this will help to avoid escalating the situation. Cooperation is key, and attempting to obstruct or resist the investigation can lead to further charges or complications.
- Tip: Politely ask for specifics regarding the investigation and the alleged breaches to fully understand the scope of the issue. This shows that you are engaged and willing to resolve the problem.
2. Understand the Powers of Enforcement Officers
Local enforcement officers have a range of powers to ensure food businesses comply with food safety laws. They can:
- Inspect any part of the food production, manufacturing, distribution, and retail process.
- Enter your premises, seize food, and take samples for testing.
- Take corrective action if violations are found, such as issuing improvement notices, warnings, or even prohibition notices.
In some serious cases, local authorities may initiate criminal prosecution. Understanding the scope of an investigation can help you better prepare for potential consequences.
3. The Enforcement Action Process
If enforcement action is taken, it can have significant consequences for your business. These consequences can range from temporary closures to criminal prosecution. Here are a few potential outcomes:
- Improvement Notices: A warning that action is required to address a particular issue, with a timeline for compliance.
- Hygiene Emergency Prohibition Notices (HEPN): A forced closure of your business, usually due to a serious health risk. This can result in a Hygiene Emergency Prohibition Order (HEPO), which can be difficult to reverse.
In extreme cases, the investigation could lead to criminal charges, fines, and permanent damage to your business’s reputation.
4. Dealing with a Forced Closure
If your business is closed due to a hygiene violation, it’s critical to address the issue promptly and comprehensively. Businesses under investigation should:
- Preserve Evidence: Retain all records that can demonstrate the policies, procedures, and practices you had in place prior to the closure. This helps explain your side of the story.
- Document Corrective Actions: If the enforcement officers issue a notice, you’ll need to show that you’ve taken steps to rectify the issues. This might include cleaning procedures, equipment replacements, or changes to your staff training.
- Work Closely With The Enforcement Officer: Be proactive in addressing the health risks identified. Re-inspection will be required before the closure can be lifted, and showing that you have made improvements is essential for the reopening of your business.
5. Addressing Criminal Prosecution
If the investigation leads to criminal prosecution, it is critical to protect your position. Consider the following actions:
- Seek Legal Advice: Consulting with a legal professional is essential. They can guide you through the investigation and any subsequent legal proceedings.
- Insurance Considerations: Review your business insurance policy to understand if the investigation and potential closure are covered. Insurance may also help with legal fees or cover the financial loss incurred during the closure.
6. The Long-Term Impact on Your Business
The impact of a food safety investigation can extend beyond immediate closures and fines. Here are some of the long-term consequences to consider:
- Reputation Damage: Even if the investigation concludes in your favour, public knowledge of the issue can harm your business’s reputation. Consumers are becoming more conscious of food safety, and a tarnished image could impact customer trust.
- Insurance Premiums: You may see a rise in your premiums, especially if the investigation results in fines or penalties.
- Ongoing Monitoring: Local authorities are likely to re-inspect your business after any action is taken, and continued compliance will be monitored closely.
Conclusion
Being under investigation for hygiene or food safety violations is never an easy situation for any business owner. However, by staying calm, cooperating with investigators, and taking corrective actions, you can help protect your business and reputation. The key is to respond quickly, document all changes, and seek professional advice when needed. Remember, how you handle the investigation can make a significant difference in the long-term success of your business.
Handling a food safety investigation can be daunting, but taking proactive steps can protect your business. This post provides an outline for businesses to navigate these challenges—ensuring that they remain compliant with food safety regulations and mitigate any potential damage to their brand.