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How food complaints are investigated

Information

How food complaints are investigated

Once a complaint has been made to the London Borough of Hammersmith & Fulham a series of investigations begin:

  • The investigating officer will make a preliminary assessment of the seriousness of the matter, including whether an offence has occurred.
  • The investigating officer will contact you to discuss your complaint as soon as possible.
  • The premises that sold you the food may be visited and inspected.
  • A laboratory examination may be necessary and this can take several weeks.
  • The manufacturer may be contacted and may need to be visited.  We may contact other environmental health departments for information about the company involved.
  • Where complaints involve foreign products, the investigation may be lengthier.     

The length of time it takes to complete an investigation will vary according to the circumstances of each case, and may take several months.

What action will be taken?

Our main aim is to ensure that the public is protected from the possibility of any similar complaints in the future. Once we have received all reports about the food complaint, a decision to take informal or formal action will be made.

Informal action usually involves a written or verbal warning.  This action will be taken when:
It appears to be an isolated incident, involving an otherwise satisfactory company.
The company can show that they have taken all reasonable precautions to minimise the risk of similar complaints (legally known as a defence of “due diligence”)
We have insufficient evidence to prove a case in court.

Formal action consists of formally cautioning the company or prosecuting it in court. In the case of prosecution you must be willing to give evidence about:

• Where and when you bought the food.
• When and how it was stored in your home.
• How you discovered the fault.

In some cases, you may be requested to attend court as a witness but often evidence can be given in the form of a written and signed statement.  It will be necessary to release your name to the company if we take legal proceedings.

Will compensation be paid?

It is not within the Council’s powers to obtain compensation for customers.  If you wish to pursue this, you should contact a solicitor.  Most companies are keen to maintain good customer relations and will normally offer some compensation – at least to the value of the food.  

Dos and don'ts when making a complaint 

Do: 

  • keeps receipts (not essential but helpful).   
  • keep the food in the wrapper (if possible) and put it in an air-tight container.
  • keep perishable food under temperature control i.e. refrigerated or frozen, (especially if your complaint involves decomposition or off smells and tastes).
  • read the label for Best Before and Use By dates, and instructions for use. If you use food that is out of date, or in a different manner than that required by the manufacturers instructions you can expect problems.
  • If you are unhappy with the response from the manufacturer and you believe your complaint posed a public health risk then contact the Food Safety Team telephone 020 8753 1081.      

Don't:

  • be tempted to handle or pull out any foreign' object found in the food leave it in place.  
  • put the food in a place where further deterioration or contamination could take place (e.g. in the fridge but separate from other foods).  
    throw away any of the food or packaging.     

How to make a complaint in respect of food contamination

The Food Safety Team receives many complaints relating to food each year. Foreign objects in food are a common complaint but not all pose a risk to health. The following are common food complaints together with a short explanation to their usual origin and suggestions for the most suitable course of action. If you require further advice, please contact us telephone 020 8753 1081

Baked Goods

Bakery Char: Bread and cakes may contain bits of overcooked dough which has flaked off bakery tins. It is not necessarily an indicator of poor hygiene, although they maybe mistaken for rodent droppings. These are black and a regular torpedo shape, while bakery char is greyish and comes in uneven shapes. 

No public health risk - contact manufacturer/retailer 

Carbonised Grease: The machinery used to produce bread and cakes is lubricated with a non-toxic vegetable oil. Occasionally some may become incorporated into dough giving areas of the product a grey/greasy or marbled appearance.
 
No public health risk - contact manufacturer 

Dried Foods

Insects: Dried products such as flour, sugar and pulses may contain small, grey insects called psocids (book lice). They do not carry disease, but they eat through the paper of the packet. They breed very quickly in warm dark, humid conditions, and so spread into uncontaminated food very quickly.

No public health risk - throw out all affected food, clean cupboards with a solution of bleach and dry thoroughly. Store dried goods in airtight containers. 

Chocolate/Confectionary 

Bloom: Chocolate may develop a light coloured bloom if stored at too high a temperature. It is not mould but is due to fat separation. It is not harmful. 

No public health risk - return to retailer 

Crystals: Large crystals may form in confectionery and maybe mistaken for glass. The crystal will dissolve in warm water. 

No public health risk - return to retailer 

Tinned foods 

Insects: Occasionally small grubs may be discovered in canned vegetables. These are commonly found in sweet corn and tomatoes. The grubs are in fact the larvae of a moth. They live inside the kernel/tomato and so are impossible to see before processing. They are killed and sterilised by the canning process. As the use of pesticides decreases, the incidence of these pests will increase.

No public health risk - contact manufacturer 

Wasps & Fruit Flies: These are common in tins of fruit. They are naturally associated with ripe fruit.

No public health risk - contact manufacturer 

Struvite: Certain naturally occurring elements in fish may develop into hard crystals during the canning process. These crystals may be mistaken for glass fragments and are called struvite. It is not harmful and will be broken down by stomach acids if swallowed. It is especially common in tinned salmon. Struvite crystals will be dissolved if placed in vinegar and gently heated.
 
No public health risk - contact manufacturer 

Mould: Dented damaged or incorrectly processed tins may allow mould growth to occur. This could indicate an error in production or storage. 

Possible public health risk - contact Food Safety Team 

Fish 

Luminous marine bacteria: Luminous bacteria can sometimes be found on seafood, crabmeat, cooked shrimp and simulated seafood products made from surimi are the most common seafood associated with luminescence or glowing. When seafood glows it means that luminous bacteria are present. This suggests that the seafood was held for a time at a temperature that allowed these bacteria to grow. It does not mean the seafood is unsafe or of low quality. There are no reports of illness from luminous marine bacteria growing on seafood.
 
No public health risk - return to retailer/manufacturer 

Codworm: White fish such as cod or haddock may be infested with a small, round brownish yellow worm. These are found in the flesh. They are killed by cooking and are harmless to humans. The affected parts of the fish are usually cut away during processing, but some may be overlooked. 

No public health risk - contact manufacturer 

Meat

Skin, bone, etc: Products made from meat and/or poultry may contain small bones or skin or parts of blood vessels. These are unsightly but rarely a health hazard as they are normal parts of the original animal.

No public health risk - contact manufacturer 

Vegetables & Fruit 

Stones, soil & slugs: Fruit and vegetables commonly have soil, stones or small slugs adhering to them. This is quite normal as they originate in the soil.

No public health risk - wash all fruit and vegetables thoroughly before use 

Greenfly: Salad vegetables may have green fly attached, especially lettuce. This is becoming increasingly common as the use of pesticides decreases. Green fly are difficult to wash off and they are not harmful. In fact they demonstrate that the salad is fresh. 

No public health risk - no action required 

Note: Mould growth will naturally occur when fruit and vegetables become damaged and bruised. This will be minimised if the buyer checks the produce before purchase and does not over handle such foods.