Food Complaints
Food complaints include bacterial
contamination which can lead to food poisoning and physical
contamination of foods by foreign bodies. In addition you may
be concerned about the hygiene of food premises.
Food Poisoning
If you are suffering from suspected
food poisoning you must see your GP as soon as possible,
not only to get treatment but also in order that samples can be
taken. Without positive samples it is difficult to prove a
link between your being poorly and something you may have
eaten.
You should be aware that it usually takes many
hours or even days for the symptoms of food poisoning to
show. Consequently it may not necessarily be the last thing
you ate. A guide to some common food poisoning microorganisms
is available here however this
is not a substitute for proper medical advice.
In addition food poisoning is often mistaken
for viral infections caught from other people, such as the
norovirus,
or even allergic reactions to shellfish.
If you have been tested by a doctor and the
samples come back positive for a food poisoning microorganism we
may contact you and ask you to provide us details of what you have
eaten in the last few days. In this way we can attempt to
trace back the cause, especially if other people report similar
symptoms.
Foreign body complaints
If you have found a foreign contaminant in
food you have purchased in the borough of Melton you may contact us
in order that we can investigate. Whilst we can prosecute
businesses for contaminating food we are not able to obtain
compensation for you. This will be a civil matter between you
and the food producer.
If you have a food complaint:
- You must phone us first to make an appointment and discuss the
item (01664 502502)
- Bring in all of the food (or all that remains uneaten), all
packaging and any object found once an appointment has been
made.
- If possible, bring the food in a sealed plastic
bag.
- If the food is perishable (and it might ‘go off’ for
example), put it in a freezer until you bring it to us.
- Gather as much information about the product as you can to give
to the officer dealing with the investigation:
- Your name, address and contact telephone number(s)
- The name, address and a contact number of the person who bought
the food (if not you)
- The name of the person finding the food unsatisfactory (if not
you)
- When the food was bought
- Where the food was bought
- Whether you noticed any damage to the packaging when it was
bought
- The storage conditions of the product when and after it was
bought
- Anything done to or with the food (cooking for
example)
- Whether you still have the receipt or any other proof of
purchase (not essential)
- The circumstances in which the thing wrong with food was
found/noticed.
If the product was made outside of our area we will pass the
details to the relevant local authority and their Environmental
Health department. They will usually conduct an investigation
and report back to us so that we can decide what action to
take.
Officers in Environmental Health are
authorised to investigate such incidents and will take appropriate
action:
Formal Action
This involves taking legal action in the
Courts. To be successful we need to prove the case by showing a
link between, for example, the food poisoning microorganism and the
food produced by the restaurant. It may be necessary for the person
who complained to provide a witness statement. In very rare cases
the complainant may be required to give evidence in Court. Legal
action is taken infrequently to deal with the worst cases.
Informal Action
This action is likely where there was a' one
off' problem which was unavoidable in an otherwise well run
business. Where improvements are made quickly to avoid problems
occurring again informal action may be appropriate.
Compensation
Neither formal or informal action requires
businesses to give a refund or pay compensation. If you have given
your permission, your name and address can be given to the
business. Normally businesses will offer a refund or compensation
of at least the value of the unsatisfactory food. You will be
informed of the outcome of the investigation and action taken. If
you have suffered injury or loss as a result of the food complaint
you may be able to take civil action. It is best to take legal
advice before taking civil action.
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