Regulating food-borne illness : investigation, control and enforcement / Richard Hyde.
2015
K3626 .H93 2015 (Map It)
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Details
Author
Title
Regulating food-borne illness : investigation, control and enforcement / Richard Hyde.
Published
Oxford, United Kingdom : Hart Publishing, 2015.
Copyright
©2015
Call Number
K3626 .H93 2015
ISBN
1849466734
9781849466738
9781849466738
Description
xx, 252 pages : illustration ; 24 cm
System Control No.
(OCoLC)902021681
Bibliography, etc. Note
Includes bibliographical references (pages [237]-243) and index.
Record Appears in
Gift
Purchased from the income of the Silver Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Silver Fund
Table of Contents
Acknowledgements
v
Explanation of Alpha-numeric Identifiers
xiii
Table of Cases
xv
Table of Legislation
xix
1.
Response to Food-borne Illness
1
I.
Introduction
1
II.
Regulating Food
3
III.
Role of the Network
5
IV.
Regulating Risk
7
V.
Issue of Illness
7
VI.
Collection of Information
10
VII.
Control of Realised Risk
11
VIII.
Enforcement and Sanctioning
11
IX.
Examining the Response to Food-borne Illness: Methodological Considerations
12
X.
Examining the Response to Food-borne Illness: A Structural Guide
14
XI.
Summary
16
2.
Regulatory Network
17
I.
Introduction
17
II.
EU and the UK Government
19
III.
Food Standards Agency
20
IV.
Local Authorities
22
V.
Medical Actors
26
VI.
Police
28
VII.
Food Businesses and Their Employees
28
VIII.
Consumers
29
IX.
Conclusion
30
3.
Regulatory Landscape
31
I.
Governance of Food Production
31
A.
Regulations Governing Food Products: Regulation 178/2002
32
i.
Unsafe Per Se
33
ii.
Injurious to Health
34
iii.
Unfit for Human Consumption
35
B.
Regulations Governing Food Premises: Food Hygiene Requirements
37
i.
General Obligation
38
ii.
Temperature Control Requirements
39
iii.
Microbiological Safety Requirements
39
iv.
Hazard Analysis Critical Control Point
40
v.
Condition
42
vi.
Notification
42
II.
Control, Enforcement and Advisory Toolbox: Powers Available to Local Authorities
42
A.
Four Species of Control Power Used During Incidents of Food-borne Illness
44
i.
Powers that Control Products
45
ii.
Powers that Control Premises and Processes
48
iii.
Powers that Control People
50
iv.
Powers that Control The Environment
52
B.
Two Enforcement Powers Used Following Incidents of Food-borne Illness
53
i.
Prosecution
53
ii.
Caution
59
C.
Power to Advise
60
i.
Improvement Notices
61
III.
Conclusion: The Powers of the Network
62
4.
Investigation of Incidents of Food-borne Illness
64
I.
Notification
64
II.
Investigation of Incidents of Food-borne Illness
68
III.
Epidemiological Investigations
69
A.
Identifying Cases and Controls
70
i.
Case Definition
70
ii.
Snowballing from Consumers
73
iii.
Utilising the Business
74
iv.
Utilising the Event Organiser
75
v.
Identification by Medical Professionals
76
B.
Questioning Affected Persons
77
i.
Information about the Case/Control
78
ii.
Information about Symptoms
79
iii.
Food History
81
iv.
Information about Other Risk Factors
84
C.
Analysing Epidemiological Information
86
i.
Building a Hypothesis
87
ii.
Testing a Hypothesis
88
IV.
Microbiological Investigations
92
A.
Human Samples
92
i.
From Consumers
93
ii.
From Employees
94
B.
Food Samples
95
C.
Environmental Samples
97
D.
Testing and Analysis of Samples
98
V.
Environmental Investigation
100
A.
Contacting the Food Business
103
B.
Physical Inspections of Premises
103
C.
Examination of Documentation Retained at Premises
107
i.
Food Safety Management System Documentation
108
ii.
Temperature records
109
iii.
Preparation Instructions
109
iv.
Absence and Sickness Records
110
v.
Other Documents
110
D.
Questioning Businesses
111
i.
Under Caution
111
ii.
Not Under Caution
114
E.
Questioning Employees of Food Businesses
117
F.
Observation of Working Practices
118
VI.
Supply Chain Investigations: Tracing
118
VII.
Conclusion: Investigation of Incidents of Food-borne Illness
123
5.
Key Goal: Control of Food-borne Illness
124
I.
Introduction
124
II.
Biosecurity: The Theoretical Framework
126
III.
Control in Action
127
IV.
Two Techniques of Control
132
A.
Control Through Spatial Separation
133
B.
Control Through Market Management
136
V.
Enforcing Biosecurity
139
VI.
Control in a Regulatory Context
141
VII.
Conclusion
145
6.
Enforcement Following Incidents of Food-borne Illness
146
I.
Introduction
146
II.
Unavailability of Epidemiological Evidence and its Impact on Enforcement
148
A.
Information Limited by Consumers' 'Source Fixation'
148
B.
Information Limited by Consumers' Incomplete Memory
151
C.
Information Limited by the Special Features of Buffets
153
D.
Effect of the Limitations on Enforcement Decisions
154
III.
Unavailability of Food Sample Evidence and its Impact on Enforcement
156
IV.
Unavailability of Faecal Sample Evidence and its Impact on Enforcement
159
V.
'Inadmissibility' Due to 'Medical Confidentiality' and its Impact on Enforcement
164
A.
Two Case Studies
165
i.
Cadbury Salmonella
165
ii.
R v South-West Water (1997)
165
B.
Three Legal and Ethical Reasons Offered for the Inadmissibility of Medical Information
166
i.
'Medical Privilege'
166
ii.
Data Protection
167
iii.
Ethical Obligations of Confidentiality
168
C.
Policy Reasons for the 'Inadmissibility' of Medical Information
169
VI.
Inadmissibility of Outbreak/Incident Control Team Reports and Its Impact on Enforcement
172
A.
Case Study: R v South-West Water (1997)-The (In)Admissibility of OCT Reports on Hearsay Grounds
174
i.
Enforcement Decision
176
ii.
Prosecution
176
iii.
OCT Report
177
iv.
After the Ruling
182
B.
Effect of Inadmissibility of OCT Reports on Enforcement Following Food-borne Illness
183
VII.
Inadmissibility of Information Gained from Conversations with Businesses and Employees and Its Impact on Enforcement
186
A.
Obtaining Information from Businesses
187
B.
Obtaining Information from Employees
188
C.
Effect of Inadmissible Interview Information on Enforcement
189
VIII.
Conclusion
191
7.
Reacting to Incidents of Food-borne Illness: The (Im)Possibility of Investigation, Control and Enforcement
195
I.
Key Themes in Investigation, Control and Enforcement
196
A.
Power of the Network
196
B.
Centrality of Information
197
C.
Evidential Decision Making is not Discretionary
199
D.
Strict Liability Cases are Epistemically Difficult
200
E.
Prioritising Control over Enforcement
201
F.
Difficulties Taking Enforcement Action-Four Additional Explanatory Factors
203
i.
Delay in the Collection of Evidence
203
ii.
Causation Matters
204
iii.
Resourcing and Evidence Collection
205
iv.
Inexperience of Environmental Health Officers
206
G.
Environmental Health Officers as Risk-averse Actors
209
i.
Desire for Success and Positive Results
209
ii.
Unwillingness to Rely upon Epidemiological Evidence
212
iii.
Rejecting Risk Aversion
214
iv.
Are Environmental Health Officers Risk-averse Actors?
216
H.
Summary
217
II.
Meeting the Epistemic Challenges of Incidents of Food-borne Illness
218
A.
Improving the Collection of Evidence: Seven Suggestions for Increasing Expertise and Experience
219
i.
Need to Build an 'Evidential Culture'
219
ii.
Greater Use of Guidelines, Check-lists and Aides-memoires
220
iii.
Two-team Solution-Dividing Control and Enforcement
221
iv.
National Body with Responsibility for Incidents of Food-borne Illness
222
v.
Increased Investigative Cooperation on a Regional Basis
225
vi.
Involvement of Specialist Lawyers in Case-building
226
vii.
Possibility of Civil Sanctions
227
B.
Easier Prosecution Case-building: Adapting to or Altering the Legal Framework
229
C.
Can the Epistemic Challenges be Met?
230
8.
Conclusions
231
I.
Summary of Findings and Conclusions
231
II.
Limitations
234
III.
Recommendations
235
Bibliography
237
Index
245