Enforcement action by Environmental Health Department

A total of 352 improvement notices were issued by the Department for Environmental Health last months in line with the Food Safety Act.

This was a slight increase over February but still not as much as in January of this year.

An improvement notice is sent to all food business operators after an unannounced inspection is performed in their establishment by environmental health officers.

The intention is to inform food operators about deficiencies found in their establishments and these are given a specific date in order to remedy these deficiencies.

When major deficiencies are noted legal action is taken as listed hereunder.

The department said that 23 undertakings were entered into with operators last month.

These are legal agreements between the food business operators and the Health Authority specifying deadlines by which deficiencies in their premises should be remedied or to re-label products in compliance with existing legislation.

Failure to abide with the agreed deadlines lead to court proceedings. The majority of undertakings were with respect to labelling irregularities and also structural deficiencies in food premises.

Destruction of Food

In March, 5280 bottles x 330ml of sparkling water were destroyed due to evidence of tampering with the durability date. 645kg of flour mix and 23.5kg of noodles were destroyed due to the possible presence of unauthorised Genetically Modified Organisms as reported to Malta via the Rapid Alert System for Food and Feed (RASFF).

20kg of foodstuffs packed in an unlicenced premises, 20kg of chicken breasts which were insufficiently labelled, 19.2kg of fish following a court order, 3kg honey due to authenticity issues and 1.5kg of peppered cheeselets due to improper labelling were also destroyed during March.

Contraventions

Seven contraventions were issued to food business operators for several reasons, including for keeping of premises in unhygienic conditions, for tampering with labels of foodstuffs, failing to abide with an undertaking, and for having in possession improperly labelled foodstuffs.

Three contraventions were issued for making use of gift schemes intended for the promotion and advertising of cigarettes, which are considered illegal.

Emergency Control Orders

Four emergency control orders were issued to businesses to stop part of their activities.

One was issued onto one of the premises closed in the past month. This means that the business was reopened under certain conditions. The remaining three control orders were served onto operators who were illegally packing or producing foodstuffs.

Emergency Prohibition Orders

Shalimar Indian Restaurant of 202, Triq is-Salini, Marsascala was ordered to close down and an Emergency Prohibition Order was served in view of unhygienic conditions noted during an inspection.

From the Law Courts

The directorate said that in the last three months, 93 cases were decided by the Magistrate’s Court. Those found guilty were sentenced with conditional discharges ranging from three months to two years and a total of just over €5,000 fines were imposed against those responsible for:

· A van bearing registration number EBI 945 and shop Golden Harvest, Triq San Tumas, Floriana,

· Porto Azzurro, Triq ir-Ridott, Xemxija, San Pawl il-Baħar and

· Slipway Store, it-Telgħa tax-Xemxija, Xemxija, San Pawl il-Baħar

for keeping dairy products in the temperature danger zone and

· Champ Pastizzeria, Triq San Ġorġ, San Ġiljan for not complying with an undertaking.

· Dimples Bar, Pjazza 16 ta’ Settembru, Mosta for removing foodstuffs which were sealed by the Health Authority;

· Bezzina Garage, No. 11/12, Triq Ganni Bonnici, Zebbug for removing food which was sealed by the Health Authority, for keeping a premises without the necessary approvals and for employing food handlers without the necessary registration cards.

An operator was fined for manufacturing honey which did not meet the necessary criteria. Another was fined for keeping dairy products unrefrigerated. Another received a fine for having no traceability records of meat products which were irregularly labelled. All cases have been appealed by the defence.

The following were given conditional discharges exceeding one year;

· The operator of Kingfisher Restaurant, Wied iż-Żurrieq for not abiding by the conditions laid down in an undertaking – 1 year conditional discharge;

· The operator of Farm 59, Triq Isouard, Marsa for keeping an unapproved farm and keeping a food business under unhygienic conditions – 18 months conditional discharge;

· Distributor of food products by van with registration no. CAT 331 for keeping foodstuffs within incorrect temperatures – 1 year conditional discharge;

· Operator of Freddie’s Discount Store/Freddie’s Store Telgħat Spencer, Marsa for keeping several amounts of foodstuffs which lapsed their durability date, exposing food to risk of contamination, improper labelling and pest infestation – 2 years conditional discharge.

Complaints

In March, 443 complaints were lodged with the Health Inspectorate. These were categorised as follows:

§ Food related complaints

83 of these complaints were food related. The most common type of food complaints were improper labelling of food (16), unhygienic premises (14), alleged unfit food (14), unhygienic conditions (eight) and personal malpractices (six).

§ Other Environmental Health related complaints

336 complaints were environmental health related. The most common type being pest related (89), infiltrations (84), drainage overflow (35), defective drains (21) and keeping of animals in unhygienic conditions (20).

The Health Inspectorate Services can be contacted between 7:30 a.m. and 3:30 p.m. at 37-39, Rue D’Argens, Msida, tel: 2133 7333, e-mail: complaints.ph@gov.mt .