In the event of food hygiene ratings in Wales needing to be appealed or a re-rating applied for, the following information has been sourced:
1. Once you have completed the required improvements as outlined in the EHO report, you can formally request a re-rating from the Local Authority/food safety officer that conducted the initial hygiene rating.
2. A fee will be applied for requesting the re-rating.
3. There are no time limits at which a re-rating can/must be requested
- If application is successful, re-rating will be conducted within 3 months of the formal request being made.
- The result of the re-rating will be made known in 14 days and will be published on the website. If unhappy with the result you can either appeal the process or you can apply for another re-rating.
Display of the food hygiene rating:
Following notification of your rating you will be required to display the sticker provided by your local authority. You will need to do this 21 days from the date you receive notification (this is how long you have to make an appeal). The Act requires that you must display your sticker at or near each entrance to your premises that is available for use by customers. Stickers must be in a conspicuous place where they are capable of being easily read by customers.
During the re-rating process, the hygiene rating in question must still be displayed until the new rating is issued.
In event of the EHO report being delayed, the relevant local authority must be contacted regarding delayed submission. The EHO must take into account the reason for the late submission of the report, and factor it into the time line of publishing the hygiene rating and/or appeals process.
Timing of appeal process:
1. Following the EHO inspection in Wales, the report will be received by site in 14 days.
2. Time scale for appeal is 21 days of site being notified of food hygiene rating. (This time scale includes weekends and public holidays).
3. If you do not appeal,the Local Authority will publish food hygiene rating.
4. If you make an appeal, the food hygiene rating status will reflect as ‘awaiting publishing’ on the food.gov.uk/rating website.
5. The appeal will be considered by an authorised officer who would not have been involved in the original assessment.
6. The result of the appeal will be made available within 21 days of the appeal being made to the specific Local Authority in Wales.
7. The result of the outcome of the appeal will be published online.
Procedure to follow if result of appeal is in dispute:
You can challenge the local authority’s decision by judicial review. Even if you decide to do this, your rating will still be published at food.gov.uk/ratings.
If you think that your local authority has not followed processes properly, you can use the council’s complaints procedure (including taking the matter to the Local Government Ombudsman where appropriate). You should be able to find details of how to complain on your local authority’s website.
For additional information, the following web links below can be consulted: