Food Matters
Food hygiene continues to be a core activity of the Department. All food premises have to be registered under Jersey law and Health Protection Officers therefore inspect all food premises in Jersey. These visits can be done proactively or reactively in response to complaints from the public. The frequency of inspection is determined by a risk assessment score calculated by set criteria (e.g. a large hotel would normally be inspected more often than a small shop selling fruit and vegetables).
Inspections are also carried out for the following:
1. Licensing purposes: The Licensing (Jersey) Law 1974 requires a report to be produced by the Head of Health Protection for the Licensing bench (if an alcohol licence is to be granted or transferred), on the state and condition of the premises and whether there are sufficient toilets for the public. (Information on numbers of toilets required can be found below).
2. Places of Refreshment: if you sell food and/or drink but not alcohol you may need to be licensed under the Places of Refreshment Law which is administered by Tourism. The relevant Environmental Health Officer and Fire Officer must produce a report to Tourism on the state and condition of the premises and that there are sufficient toilets for the public. Further advice on the Places of Refreshment Law can be obtained from Jersey Tourism on Tel: +44 (0) 1534 500700.
3. Ice Cream vehicle licensing: The Health and Social Services Committee licence ice cream vehicles and stalls. This presently costs: £94.75/vehicle (2008, subject to increase annually).This involves obtaining and completing the correct form from this Department, sending it with your cheque to the Treasury Department at Cyril Le Marquand House. Treasury return the receipt and form to this Department and an Environmental Health Officer will then contact you to arrange an inspection of the vehicle or stall. Following a satisfactory report you will receive a licence (certificate) which must be prominently displayed in the vehicle/stall.
4. Inspections prompted by food complaints/food poisoning cases
5. Inspections related to planning/building applications (Food Premises)
6. Requests by proprietors for advice etc
Food Hygiene Information:
The Department has a wide selection of leaflets, stickers and information (eg please wash hands, no smoking and lots more in English, Portuguese and Cantonese etc) which are free of charge.
Food Hygiene legislation
Food Hygiene legislation in Jersey is different from that in the UK and over the last few years the Department has updated a number of Food Hygiene Laws. The main food legislation and amendments applicable to Jersey are listed below:
1. Food Safety (Jersey) Law 1966 which deals with many aspects of food hygiene e.g. unfit food, food sold not of the substance, nature or quality, licensing of ice-cream vehicles, seizing food, labelling, and milk and dairies etc.
Amendments include:
a. Food and Drugs (Amendment No 2) (Jersey) Law 1994 - definition of food to include water, fish to include molluscs and crustaceans. Foods such as raw oysters which are eaten whilst alive also constitute food. (Please see shellfish section)
b. Food and Drugs (Ice-Cream Stalls ETC) (Jersey) Order 1969 - the licensing of vehicles and mobile stalls selling ice cream.
c. Food and Drugs (Ice-Cream) (Jersey) Order 1967 - deals with the ingredients of ice cream, relevant storage and display temperatures plus temperatures to be achieved during manufacture.
2. Food Hygiene (General Provisions) (Jersey) Order 1967 (Ref: R & O-4915) which deals with premises (e.g. surfaces, equipment and services) and food handlers etc.
and includes the following amendment:-
a. Food Hygiene (General Provisions) (Amendment No 3) (Jersey) Order 1967 - Temperature Control - certain foods must be kept at or below 8°C and above 63°C.
3. Food (Registration of Premises) (Jersey) Order 2002 food businesses operating must be registered with the Department.
(More information on registration can be found below)
4. Food Safety (Miscellaneous Provisions) (Jersey) Law 2000 - Emergency Closure of Food Premises - allows Environmental Health Officers to close food premises if there is an imminent risk to health.
5. Food Hygiene (Jersey) Labelling Law 200 - (in draft form at present) - Requirements to provide food labelling e.g. use by dates, lists of ingredients etc.
6. Imported Food (Jersey) Order 1998 - the inspection of food imported into the Island to ensure that it complies with food hygiene legislation.
You can view Jersey legislation at http://www.health.gov.je/redirect.asp?redirect_url=http://www.jerseylegalinfo.je or purchase the relevant laws, orders etc from the States Bookshop on +44 (0) 1534 502037.
The Department recommends you follow ‘best practice’. To assist you in achieving this the following Industry Guides are available at only £3.60 each from Chadwick House Group Ltd, Tel: 0207 827 5882/Fax: 0207 827 5830 Web site: http://www.cieh.org.uk/
1. Industry Guide to Food Hygiene Practice: Catering Guide
2. Industry Guide to Food Hygiene Practice: Baking Guide
3. Industry Guide to Food Hygiene Practice: Vending and Dispensing Guide
4. Industry Guide to Food Hygiene Practice: Retail Guide
5. Industry Guide to Food Hygiene Practice: Fresh Produce Guide
6. Industry Guide to Food Hygiene Practice: Markets and fairs
7. Industry Guide to Food Hygiene Practice: Wholesale operations
8. Industry Guide to Food Hygiene Practice: Butchers shops (to be read in conjunction with 4 above)
New Food Businesses:
If you are considering opening a food business in Jersey it is important you speak to the Environmental Health Officer in whose area the premises is situated. Please contact the Department to determine which Environmental Health Officer you need to speak to and for
1. A copy of the guidelines we send out to those opening new food premises.
2. The Food Registration Form which must be completed and sent to the Department at least 28 days prior to you opening.
3. A leaflet giving information on whether you need to register with the Department or are exempt.
Food Complaints
The number of food complaints made to the Department has reduced over the last 10 years. This may be due to improvements in food safety and/or supermarket return policies. When food complaints are referred to this Department a thorough investigation is carried out to ascertain the reason(s) behind the complaint. This may involve submitting the food to the States Official Analyst for their comments. Liaison then occurs with the companies involved to prevent a recurrence. If a complaint is particularly serious (e.g. glass in food) prosecution may occur. If you have a food complaint (e.g. mouldy food) please keep the receipt and wrapper/jar/lid and keep it frozen or chilled until it is brought to the Le Bas Centre.
If the complaint relates to non food items or pet food the Trading Standards Service are the competent authority. Trading Standards Service, 9-13 Central Market, St Helier Tel +44 (0) 1534 705560 Email: tradingstandards@gov.je
Ice Cream
The Department carries out regular ice cream sampling throughout the summer months to ensure that ice cream is safe to eat and complies with bacteriological standards. The Department has produced a code of practice dealing with the safe handling and sale of ice cream.
In 2004, 78 (2003, 78) ice cream samples were taken between the 10th June and 3rd September from cafes, kiosks, and ice cream vans. 80% (2003, 77%) of all initial samples satisfactory. Of those which failed investigations occurred to establish why and re-samples were taken. 87.5% (2003, 78%) of re-samples were found to be satisfactory. Since the sampling began in 1999 there has been a steady increase in standards. Failures usually occur because the ice cream machine and/or equipment is not sterilised properly. Cleaning should always be carried out to the manufacturers' requirements.
Toilet standards
The Department requires the correct ratio of toilets to patrons in existing food premises and planned new premises. As mentioned above if you are trying to obtain a new or existing Alcohol Licence or Refreshment Licence and/or altering the drinking area of the premises extra toilets for the public may well be required.
The numbers of toilets required will vary depending on whether the premises has,
Category 1: Taverner’s licence
Category 3: Restaurant licence
Category 4: Comprehensive licence
Category 5: Club licence
Category 7: Entertainment licence.
The provision of toilets in Categories 1,4,5,7 is more onerous than Category 3.
Toilet or washing facilities that are used by both sexes are not permitted except for facilities provided for people with special needs. (NB Places of Refreshment eg cafés with less than 15 seats do not require toilets for the public, however staff toilets are always required).
Not included in these calculations are: special needs toilets or al fresco seating.
Advice should always be sought from the Department regarding provision of toilets in licensed premises and places of refreshment to avoid premises being constructed with insufficient facilities.
Advice on the numbers of staff toilets required can be found in BS 6465: Part 1: Code of Practice for Scale and Provision, Selection and Installation of Sanitary Appliances 1994
Milk and Dairies
The Department has a monitoring programme to check milk and milk products produced at the Dairy. Samples of fresh milk and cream are taken to check for proper pasteurisation and composition requirements. Samples of UHT milk and cream, and other dairy products, eg. butter and yoghurt, are taken to check for composition requirements.
Other work done in relation to the dairy industry includes inspections of the Dairy to ensure hygiene requirements are being met and the monitoring of water supplies used in the milking parlours on all the Island dairy farms to check if they comply with European Community Directives.
Food Hazard Warnings
The Department regularly receives Food Hazard Warnings from the Food Standards Agency in the UK. The warning will usually relate to a problem with a particular food or drink. The information is then passed to the media to inform the public. Also contact is made with particular shops selling the food in question. Further information on Food Hazard Warnings can be obtained from this Department or the Food Standards Agency website i.e. http://www.health.gov.je/redirect.asp?redirect_url=http://www.food.gov.uk or Tel: 0207 2768448
Food Condemnation Certificates
The Department will at a cost of £55.75(2008, and is subject to increase annually) provide a food condemnation certificate for unfit or un-saleable food. This will include the collection and disposal of the food at Bellozanne incinerator. If for example, the premises freezer breaks-down and the food defrosts it would need to be eaten on that day or disposed of. It must not be refrozen as this may lead to food poisoning. A list should be made of the affected foods and it should be double bagged if possible to stop leakage. In certain cases your insurance company may require a food condemnation certificate. Please contact the Department if you wish to use this service.
General information on Food Hygiene and Food Safety issues affecting the UK and Jersey can be seen at: http://www.health.gov.je/redirect.asp?redirect_url=http://www.ehn-online.com and http://www.health.gov.je/redirect.asp?redirect_url=http://www.food.gov.uk
The following websites will give you more information on food matters:
http://www.spudszone.co.uk/
http://www.nbbcfood.info/