Food Hygiene Rating (Wales) Act 2013

5 Right of appeal E+W

(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).

Commencement Information

I1 S. 5(1)-(3)(5)-(9)(10)(a)-(c)(11)(12) in force at 28.11.2013 by S.I. 2013/2617, art. 3(e)

I2 S. 5(4)(10)(d) in force in so far as not already in force at 28.11.2013 by S.I. 2013/2617, art. 3(e)

I3 S. 5(4)(10)(d) in force for specified purposes at 28.10.2013 by S.I. 2013/2617, art. 2(b)