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).