Food Hygiene Rating (Wales) Act 2013

Powers and responsibilities

14Duties of Food Standards Agency

(1)The FSA must—

(a)in exercising its functions under this Act, have regard to guidance issued by the Welsh Ministers;

(b)publish the matters to which a food authority must have regard when preparing and keeping under review an inspection programme under section 2 (where those matters have been approved by the Welsh Ministers);

(c)publish the rating criteria against which a food hygiene rating is scored under section 3;

(d)at the end of the period of 1 year beginning with the commencement of the scheme, and each subsequent period of 1 year, conduct a review of the operation of the appeals system established under section 5 during that period;

(e)at the end of the period of 1 year beginning with the commencement of the scheme, and each subsequent period of 3 years, otherwise review the implementation and operation of the food hygiene rating scheme established under this Act during that period;

(f)make recommendations to food authorities to assist them to comply with their responsibilities under the scheme;

(g)promote the scheme to food business establishments and consumers in Wales;

(h)supply food hygiene rating stickers in the prescribed form to food authorities without charge.

(2)No later than 3 months after the end of the period to which a review under subsection (1)(d) relates, the FSA must lay a report before the National Assembly for Wales containing—

(a)details of the review that was undertaken;

(b)the recommendations for change, if any, to the appeals system it considers appropriate and its reasons for reaching that conclusion.

(3)No later than 3 months after the end of the period to which a review under subsection (1)(e) relates, the FSA must lay a report before the National Assembly for Wales containing—

(a)details of the review that was undertaken;

(b)the recommendations for change, if any, to the food hygiene rating scheme it considers appropriate and its reasons for reaching that conclusion.

(4)The FSA must send a copy of each report produced under this section to the Welsh Ministers.

15Other powers and responsibilities of food authorities

(1)A food authority must send prescribed information to operators of new food business establishments in its area.

(2)This information must be sent to an operator within 14 days of whichever of the following events is applicable—

(a)the operator’s establishment being registered by the food authority under Article 6 of EC Regulation 852/2004 (or equivalent alternative obligation for registering such establishments), or

(b)the operator’s establishment applying to the food authority for approval under Article 4 of EC Regulation 853/2004 (or equivalent alternative obligation for approval of such establishments).

(3)In exercising its functions under this Act, a food authority must have regard to—

(a)recommendations made by the FSA;

(b)guidance issued by the Welsh Ministers under section 23 of this Act.

(4)A food authority must make arrangements to enforce the obligations imposed by this Act on establishments in its area.

(5)A food authority must review the operation of the food hygiene rating scheme in its area—

(a)periodically, with a view to ensuring that the rating criteria are assessed fairly and consistently;

(b)at the request of the FSA, for the purpose of assisting the FSA to evaluate the scheme as required by section 14Error: Reference source not found.

16Other responsibilities of operators of food business establishments

An operator of a food business establishment must—

(a)provide such information as a food authority reasonably requires to enable it to produce a food hygiene rating for the establishment;

(b)otherwise give all reasonable assistance to a food authority in order to enable it to produce a food hygiene rating and exercise its other functions under this Act.