8. Documentation
Approval Documentation
8.1. Once a determination to issue an approval or conditional approval has been made, the FBO must be issued with an appropriate approval document.
8.2. Model approval documentation for LAs is contained within the Food Law Practice Guidance (Scotland).
8.3. For LA approvals, once a determination to issue an approval has been made by the CA, a copy of the notification of approval form should be sent to the FSS Enforcement Delivery Branch LAapprovals@fss.scot.
8.4. For FSS approvals, once decision is reached by the FSS’s Officer, confirmation of approval will be made in writing to the FBO. The establishment will be issued with an Annex A (approval document listing all the activities approved either conditionally or fully). Once a business has been conditionally approved it will get added to the published list of approved establishments by the CA.
Refusal to issue an approval
8.5 Where the CA refuses to issue an approval or conditional approval, a record of the reasons of these decisions should be recorded. The FBO should be given notice of the decision, the reason why the decision was made and a list of deficiencies that were noted at the time of the visit including the requirements of the legislation in relation to hygiene, structure, HACCP or other elements relevant to the type of approval being sought and show how the FBO has failed to satisfy those requirements. Model approval documentation for LAs is available here.
8.6. Once a determination to refuse an approval has been made by the LA, information regarding this should be communicated to the FSS Enforcement Delivery Branch, LAapprovals@fss.scot.
8.7. The applicant has the right to appeal to the relevant Court against the refusal of an approval or conditional approval. Rights of appeal are subject to the Official Feed and Food Controls (Scotland) Regulations 2009 (as amended). From the date on which the notice of the decision is served on the relevant person the establishment cannot continue operating whilst appeal is being determined.
8.8. Approval will be discontinued if, following conditional approval and before consideration can be given to recommend full approval or prolong conditional approval, the establishment ceases operations or a visit cannot be undertaken caused by the relevant activities not being in operation. In such cases conditional approval will cease to have effect. The FBO should be informed of this in writing and a copy of notification of refusal of full approval provided to , LAapprovals@fss.scot. Model approval documentation for LAs is available here.
Notifying FSS of issues pertaining to approval
8.9. In addition to notifying the FBO, LA should also notify FSS at LAapprovals@fss.scot of any establishment for which they:
- Receive an application for approval;
- grant approval;
- grant conditional approval;
- extend conditional approval;
- refuse approval;
- withdraw approval;
- accept surrender of approval;
- or vary the approval.
8.10. Minimum information provided should include the following:
- approval number;
- name of the establishment;
- town/region;
- category of food establishments;
- associated activities;
- species (where relevant);
- remarks
- date of change and;
- Trade Control and Expert System (TRACES) Codes (where applicable)
8.11 These are based on the specification set out by the EC Commission on the layout of the list of approved food establishment. Further information on the technical specification can be found on the EC website. Details of the establishments are then updated on the FSS website.