Appeals

5Right of appeal

1

An operator of a food business establishment may appeal to the food authority against a food hygiene rating given to the establishment.

2

An appeal may be made on either or both of the following grounds—

a

that the rating does not properly reflect the food hygiene standards at the establishment at the time of the inspection;

b

that the rating criteria were not applied correctly when producing the food hygiene rating.

3

An appeal must be made within 21 days from the date of receipt of notification of the food hygiene rating.

4

An appeal must be made in writing in the prescribed form.

5

A food authority may conduct a further inspection of the establishment for the purpose of considering matters raised in an appeal.

6

A food authority must determine the appeal and notify the operator of the establishment and the FSA of its decision within 21 days from the date the appeal was received.

7

The appeal must be conducted by an authorised officer who was not involved in the assessment of the food hygiene rating that is being appealed.

8

The Welsh Ministers may, by regulations, provide for an appeal under this section to be determined by a person other than the food authority.

9

The power to make regulations includes power to—

a

make provision about the procedure to be followed for appeals;

b

make such amendments to this section in consequence of another person becoming responsible for the determination as the Welsh Ministers consider appropriate.

10

If a food authority decides to revise a food hygiene rating, when notifying the establishment of its decision it must send to the operator of the establishment—

a

written notification of its revised food hygiene rating;

b

a written statement of the reasons for the rating;

c

a new food hygiene rating sticker;

d

such other information as may be prescribed.

11

Where a food authority decides to revise a food hygiene rating, when notifying the FSA of its decision it must send to the FSA a copy of the notification and statement referred to in subsection (10).

12

There is no further right of appeal against a determination made under subsection (6).