Summary; what the law requires
Certain type of food premises, generally manufacturers of products of animal origin, such as dairies, meat product manufacturers or fish processors, are subject to product-specific regulations (Regulation (EC) 853/2004). If you make, prepare or handle food of animal origin for supply to other businesses, your business and its activities you must be approved by a Local Authority. All products produced in an Approved premises must display a Health Mark or be accompanied by an appropriate Health Certificate.
Application and evaluation process
To obtain approval strict hygiene standards, both structurally and procedurally are required. Approval will not be given unless the required standards are met before any food is sold for consumption.
Premises requiring approval must giving full details of the proposed business including:
- what types of food are intended to be produce and in what quantities;
- the design, construction and layout of the premises;
- the arrangements for maintenance of the premises and equipment;
- details of pest control procedures;
- arrangements for securing and applying the Health Mark;
- arrangements for staff health monitoring;
- a food safety control and monitoring system(s) and details of record keeping;
- arrangements for cleaning of premises, equipment, utensils and transport including what cleaning chemicals you intend to use;
- a food and water sampling plan;
- details of a laboratory for carrying out analysis of food and water samples;
- the arrangements for staff training.
This is not an exhaustive list but are all required when applying for an Approved premises.
What sort of premises need to be approved?
The law is complicated and if you are in any doubt whether you need to be approved or not, you should contact us before you start to trade.
How do I apply for approval of my food business?
You can apply by any of the following methods:
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Downloading an application form. You can do this by selecting "No", to the agreement to hold data via the above Online Application Form and you will be able to download a form after this point. You can send us a completed and signed application form together with a cheque for the correct amount or bringing it to us in person at our offices.
Exemptions
There are some exemptions from the requirement to be approved, including if you supply food of animal origin to the final consumer only that is to the ultimate consumer who will not use the food in the course of any food business or activity.
Additionally there may be an exemption available depending on the extent to which you wish to supply food of animal origin to other businesses, and you should contact Food and Occupational Safety to determine whether or not you could claim such an exemption from the need for approval.
If a food business is exempted from the requirement to be approved, it must be Registered with the Local Authority at least 28 days before the business opens or within 28 days of taking over an existing food business. Failure to Register a food business or notify significant changes is an offence under the Food Regulations. More information on registration and the form to ally for registration online is available on the Registration of a Food Business Establishment webpage.
Applicant’s right of appeal
Any person who is aggrieved by a decision of the Council to refuse to grant an approval, may appeal against that decision to a Magistrates Court. The time limit for lodging an appeal is one month from the date on which this notice was served on you. You may wish to consult a legal adviser about the implications of this notice and your right of appeal against this Food Authority’s decision on your application.
Public Register
Once approved, details of the premises together with information relating to types of foods produced are forwarded to the Food Standards Agency to be kept on a central EU register.
At present we do not publish our register of food premises online. However, most registered food businesses appear on our hygiene rating information or "scores on the doors" pages. We hope to publish our register in the near future however, if you have any questions, please contact us.
Can I start trading before receiving my Approval (i.e. will tacit consent apply)?
You cannot start trading before receiving an Approval (i.e. tacit consent does not apply). You must not commence any business activity which requires Approval unless you have received conditional or full approval for your proposed activity from the Local Authority. If you start trading without Approval it is an offence which may lead to prosecution.
Please note approval will only apply once a full application has been submitted and you have received an acknowledgment from Dudley Council.
How long will it take to process an Approval?
We aim to process your Approval within 28 days of receiving a successfully completed application together with with all supporting information and documentation as requested in the application form.
How can I make a complain about an item of food I have bought?
Have a look at our food complaint webpages and you can report your concerns online.
If I am not satisfied with the service I have received from the Council about a registration, how do I complain?
If you feel we have failed to provide you with good service or are concerned about the progress of your application, please contact us and we will endeavour to resolve any concerns you may have. We also have a formal complaints procedure.
Where can I get more information?
The Food Standards Agency has useful information on it's website. For further information please contact us using the details below.
