About Trading Standards for Business

Our aim is to offer advice and assistance to businesses within the Aberdeenshire area to help them comply with the law.

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We have a duty to ensure the law is enforced but we will act fairly and proportionately in accordance with our Enforcement policy.

Law Enforcement

Officers carry out visits to trade premises such as shops, factories and licensed premises, to ensure they are complying with the criminal law. Find out more about Trading Standards Law Enforcement.

Enforcement Policy

The Enforcement Policy is intended to provide guidance for officers involved in the enforcement of trading standards law, and to inform business and consumers on the enforcement activities of the service. Officers also take into account the Home Office Code of Practice on Powers of Entry when carrying out their duties. 

Code_of_Practice_-_Powers_of_Entry__web_.pdf

The Home Authority Principle

The Home Authority principle is supported by local authority food and trading standards services throughout the United Kingdom.

The local authority acting as a home or originating authority will place special emphasis on the legality of goods and services originating in its area. It aims to prevent infringements by offering advice and guidance at source in order to maintain high standards of public protection at minimum cost.

The principle underpins the principles of free trade "in fit products and services" and acknowledges that local priorities need to be considered in the context of national and European obligations. In summary:

Businesses recognise that the Home Authority Principle enables them to reduce compliance costs and and implement the law in a spirit of consultation rather than confrontation. Good enforcement practices are also effective in minimising duplication and reducing public expenditure.

N.B. The Guidelines cannot remove the onus of compliance from business itself; nor remove the primary responsibility from the authority in whose area a specific incident has taken place.

Definitions

Local authorities have three distinct roles as:

  • Home Authority - the authority where the relevant decision making base of an enterprise is located.
  • Originating Authority - an authority in whose area a decentralised enterprise produces goods and services.
  • Enforcing Authority - all authorities when undertaking an inspection, sampling or investigative role.

 

Home Authority
A local authority, acting as a home authority has a particularly important role within the system. The function of giving advice on regulation, good practice and remedial action is a legitimate aspect of enforcement. The home authority will prioritise surveillance of the practices and policies of businesses based within its area. In particular, they will:

  • Act on behalf of originating and enforcing authorities as the primary regulatory link to businesses within its area.
  • Liaise promptly with originating authorities likely to have special knowledge of problems at the point of production or service delivery.
  • Name contact officers and identify the scope of its home authority service.
  • Maintain a record of relevant incidents, company policies, diligence systems and advice.
  • Make clear in offering advice that whilst the home authority may not institute proceedings this would not preclude other authorities from taking legal action.
  • Assist enforcing authorities in their conduct of necessary investigations and encourage businesses to offer all reasonable assistance.

Be transparent and willing to amend advice found to be inappropriate.


Originating Authority

  • Will closely monitor production and should acknowledge that advice and surveillance at source minimises duplication, enabling enforcing authorities to concentrate on hazard, fraud and complaint;
  • Review a business's quality and diligence procedures and liaise with the home authority, where appropriate;
  • Accept that the operational arrangements of businesses vary widely and acknowledge there will be circumstances when the originating authority may need to undertake the functions of the home authority.


Enforcing Authority

  • All authorities are enforcing authorities and accept that, notwithstanding the Home Authority Principle, each local authority retains its ultimate responsibility for the enforcement of the law. however, it should liaise with the home authority before embarking on detailed investigations or legal actions;
  • Communicate with the home authority in specific terms, preferably in writing, indicating details of the issue, the nature of the assistance required and whether, or not, it is content to leave action to the judgement of the home authority.
  • Ensure that relevant documents, formal cautions, decisions to prosecute and the results of legal proceedings are notified to the home authority.
  • Take account of advice given to a business by the home or originating authority.
    The Role of Business.

The Principle is designed to help and guide business. However, businesses must cooperate and accept they have the onus of compliance. Businesses should be willing, when seeking advice, to disclose relevant details of control, standards, recipes, specifications and diligence procedures.
be prepared to supply evidence in support of statements, procedures or claims;
accept that advice given by a home authority is given in good faith and that it may subsequently have to be amended in the light of new evidence or circumstances.


Synopsis

The Home Authority Principle has been developed by food and trading standards authorities as an aid to good enforcement practice. Practices which protect the customer, encourage fair trading, consistency and common sense. It aims to encourage authorities to place special emphasis on goods and services originating in their area to :

  • provide businesses with a home authority source of guidance and advice;
  • support efficient liaison between local authorities;
  • provide a system for the resolution of problems and disputes.
    The Principle commands the support of local authorities, central government, trade and industry associations, consumer and professional regulatory bodies.

 

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