Tees Valley Arrangement for Rating of Mobile Food Businesses
Under Article 6 (2) of Regulation (EC) 852/2004, mobile food establishments are required to register with the local authority in which they are ordinarily kept and for non-permanent market stalls, the local authority in which their stocks of food are ordinarily kept. Once the establishment is registered it should not be asked to register with any other local authority in whose areas it trades.
Mobile establishments and market stalls may be subject to inspection or other intervention by the local authority in whose area the establishment is found to be trading. In accordance with the Food Law Code of Practice, details of any intervention or enforcement activity carried out by a local authority should be passed to the local authority that has registered the business
The local authority that has registered the business shall determine the intervention rating, in accordance with Chapter 5.6 of the Food Law Code of Practice, and record this on the authority’s food premises database. When making this determination the authority will consider any information supplied to it by other local authorities in respect to the business. In some cases the business may never trade in its area and it may be more appropriate for another LA to undertake responsibility for rating the business under FHRS by agreement.
The Tees Valley Local Food Liaison Group has considered the FHRS ‘Brand Standard’ as it relates to Mobile Food Traders and has agreed the following approach for traders operating within Tees Valley using three categories of trader:
1. Those registered and operating within the same local authority; or
2. Those registered in one local authority but trading primarily in another local authority area; or
3. Those registered in one local authority but trading at a number of different sites across a number of local authorities.
Arrangements for each of the above categories will be:
1. For the first category, the registering authority should undertake interventions, and rate the unit for FHRS.
2. For the second category the inspecting authority will liaise with the registration authority and will propose the following arrangement:
a) The inspecting authority will be responsible for rating for FHRS the mobile and any appeals, right to reply and rescoring requests.
b) The Registering’ Authority may continue to inspect but will not score the unit for FHRS to avoid duplication (Reason: 1: the public are more likely to search the FHRS website for food businesses at their trading address and 2: the registering authority will not have seen the food business operating.)
c) Inspecting Authority will forward a copy of the ‘report of inspection’ to the registering authority.
c). Registering authority will forward a copy of their ‘report of inspection’ if and when they inspect it so that account can be taken of this when calculating FHRS rating.
3. For the third category the Registering Authority will, if possible, inspect the unit and score for FHRS. If this is not possible, the registering authority will record the findings of the inspecting authority and issue the food hygiene rating. It remains the responsibility of an Inspecting Authority to liaise with the Registering Authority, forward a copy of any ‘report of inspection’ and avoid duplication of interventions where possible.