LEGISLATION
Category: UK Law
Date: 1949
Reference: Chapter 55
General Description:
The Act aims to protect the community, from the potential health and safety and hygiene hazards caused by various pests, including rats, mice, birds and all types of insects etc. There are two parts to this Act, Part One covers Rats and Mice, Part Two covers Infestation of Food. Under the Act, any person authorised by a local authority, may inspect a premises or site at any reasonable time for infestation. Any person causing an obstruction whilst the premises is under inspection will be subjected to a fine.
Part One - Rats and Mice
It is the duty of the local authorities to:
- destroy rats and mice on land which they occupy, and to keep such land so far as practicable free from rats and mice.
- to enforce the duties of owners and occupiers of land, to carry out such operations to rid their land of potential hazard causing pests.
- Prohibit or restrict the use for manufacture, storage, transport or sale of food, of any equipment or vehicles belonging to any premises which is or is likely to become infested.
- Prohibit or restrict the acceptance, delivery, retention or removal of any infested food or any other infested goods which are likely to come into contact with food manufactured, stored, transported or sold.
- Require the carrying out of structural work, or the application of any form of treatment deemed necessary for preventing or remedying infestation in any premises, vehicle, equipment, food or other goods.
Every local authority must keep records relating to such actions taken, with regards to pest control. Land owners and occupiers must inform their local authority in writing if substantial numbers of rats, mice and other pests are present on their land. This is not applicable to agricultural land. Any person who fails to give notice will be subjected to a fine.
With regards to agricultural land, the County Agricultural Executive Committee have the right to order destruction of crops, to ensure the control of rats and mice.
The land owner/occupier is responsible for the control of all pests and costs incurred doing so. If the occupier of a premises inhibits the owner of a premises from clearing pests, the occupier will be subjected to a court order allowing the carrying out of such treatment.
The local authority will allow 7 days notice before terminating pests from any land (occupied or not). All expenses will be recoverable by county court judgement. Where property is unoccupied, it will then be the responsibility of the land/property owner to rid the site of pests.
Part Two - Infestation of Food
It is the responsibility of any person whose business includes:
The manufacture, storage, transport or sale of food, to inform the local authorities if there is any evidence of infestation to food. This also includes any goods which are in contact or likely to come into contact with food manufactured, stored, transported or sold.
Any person whose business consists of the manufacture, sale, repair or cleaning of food containers, must also give notice to the local authorities, if any evidence of infestation is found.
If evidence of infestation is found, the authorities may carry out the following action:
If the infestation cannot be remedied by treatment, the authorities may allow for any contaminated equipment to be destroyed.
Anyone failing to comply with this Act will be guilty of an offence and fined accordingly. The authorities then have the right to reclaim any costs incurred, whilst carrying out any further treatment on the owner/tenants behalf.
Pertinence to Agriculture: Pest control
Pests are known to carry a number of pathogenic organisms that can be transmitted to humans through contaminated food. In addition, pests will damage food stocks causing financial loss. It is therefore important that food premises are kept pest free. The Prevention of Damage by Pests Act 1949 and the Regulation (EC) No 852/2004 impose legal duties on owners and occupiers of buildings to implement adequate procedures to ensure that pests are controlled. 0360. A wide variety of insect, rodent and bird pests will enter food premises for a number of reasons: a. Food. Even in small quantities, food will enable pests to survive and multiply. Regular and thorough cleaning of spillages is therefore imperative. b. Warmth. Pests of all types are attracted to buildings, which offer even limited warmth away from outdoor conditions. A few degrees increase in temperature will provide conditions in which breeding is enhanced and proliferation encouraged. c. Shelter. Almost every building provides a variety of harbourages for pests. Contrary to common belief, it is the newer buildings with suspended ceilings, panelled walls, service ducts and enclosed electrical trunking, which are more likely to create a problem, than older buildings without such features. Access must be provided to these spaces for the effective control of pests. 0361. Denial of food, warmth or shelter will prevent the survival of pests. This form of control can be termed ‘environmental control’ and is the first line of defence against possible infestation. Environmental control may be considered as denial of access (proofing), food and harbourage. 0362. Flying Insect Control. Emphasis is to be placed on the environmental and physical control detailed previously to reduce the risk of food contamination. Areas around food premises are to be kept clean and tidy to reduce the number of possible breeding sites. External refuse 9 Industry Guide to Good Hygiene Practice: Catering Guide Sponsor - DFSMC Amendment 012 3-17 JSP 456 Pt.2 Vol 3(V1.0 Dec 14) containers are to be clean and in good repair, and have tight fitting lids. If skips are used they are to be completely enclosed. Waste food containers must be washed out before being stored outside. Windows and other openings which provide ventilation are to be fitted with close fitting and cleanable fly screens where required. Doors are to be kept closed or fitted with screens or clear plastic heavy-duty strips. Electronic fly killers, where required, are to be installed but must not be sited above food preparation areas or near natural sources of UV light, e.g. windows. The bulbs within electric fly killers must be changed in accordance with the manufacturer’s instructions. 0363. Recording Sightings. All personnel employed in a kitchen/galley have a duty to report to Kitchen Managers any evidence of pest infestation. Kitchen Managers are to record such sightings in the Pest Management Register at Annex I to this chapter. The following priorities are to be assigned by the Kitchen Manager when requesting Pest Control Assistance: PRIORITY: VERY URGENT SAME DAY [incl. Weekends] URGENT: 3 WORKING DAYS NON URGENT Infestation where there is a risk that food may become contaminated. Infestation in food areas where there is no immediate risk of contamination Infestation where there are no hygiene implications. Under operational conditions or on exercise, trained Service personnel carry out pest and vector or vermin control. In peacetime (except in some overseas Commands and HM Naval Bases where MOD Civilian pest control operators are employed) civilian contractors normally carry out pest control. There are two ways in which a pest control contractor may be used: a. To deal with and eradicate a single infestation. b. To act as a long-term contractor who will visit the premises regularly and carry out pest control treatments as necessary. This proactive approach is more suitable and is considered best practice for pest control requirements for catering premises. The lack of a proactive pest control contract could undermine a due diligence defence should enforcement action be taken by a food enforcement authority in the event of a pest infestation. Therefore, unless a comprehensive risk assessment suggests otherwise, catering premises are to be provided with a proactive pest control service.’ c. Independent SME advice on pest control matters can be obtained from S EH POC. 0364. MOD Pest Control Policy. JSP 371, Joint Services Pest Control Manual, details the policy and arrangements for pest control in the Armed Forces.
Chapter 6 Pest Control
https://www.food.gov.uk/sites/default/files/media/document/Chapter6-Pest_control_0.pdf
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FOOD SAFETY PART 3 PEST CONTROL
https://webarchive.nationalarchives.gov.uk/video/FoodStandardsAgency/gz0CVbFXtJg