Inspection Policy covers the way we deal with physical visits by a member of ECC Trading Standards staff to business premises to check compliance with any trading standards related legislation.
Trading Standards Inspection, Sampling & Market Surveillance Policy

1. This policy forms part of and should be read with and the Essex County Council Trading Standards Enforcement policy
    
   
2. ECC Trading Standards will undertake inspections at traders’ premises, product sampling and testing and market surveillance as part of its “enforcement mix” to support businesses seeking to comply with the law, protect consumers and disrupt and stop those that trade dishonestly, fraudulently or negligently. This policy states how ECC Trading Standards will use these activities to achieve its aims.
   Inspections
   
   
3. For the purposes of this policy, an “inspection” is a Trading Standards-initiated physical visit by a member of ECC Trading Standards staff to the premises of a business or trader to check compliance with any trading standards-related legislation. A “comprehensive inspection” is one in which a business is checked for compliance against all relevant Trading Standards-related legislation. An inspection does not include a visit to the premises of a trader or business in response to a complaint or enquiry from a member of the public.
   
   
4. ECC Trading Standards will follow an intelligence-led, risk-based inspection programme that fulfils the statutory duties placed on Essex County Council and has regard to the risk-assessment schemes and other official guidance promoted or issued by Local & Central Government and Professional bodies including EETSA, LACORS, the DTI, OFT, Food Standards Agency, DEFRA (with regard to Animal Health & Welfare), the National Weights & Measures Laboratory and the HSE.
    
   
5. As part of our efforts to build trust and relationships with Essex’s major businesses, each year ECC Trading Standards will undertake at least one, comprehensive inspection at the premises of :
   all manufacturers, producers and importers based in Essex, 
   any trader designated a “high risk” business under the LACORS national business risk assessment scheme. Any trader with whom we have a formal “Home Authority” relationship under the LACORS “Home Authority” principal.
   
   
6. As part of our commitment to reduce the burdens of regulation on legitimate businesses in Essex, ECC Trading Standards will not undertake routine inspections at the premises of business and traders in Essex designated “medium” or “low” risk businesses under the LACORS national business risk assessment scheme unless:
   ECC Trading Standards has information or intelligence (including complaints or intelligence from members of the public) about that business, the trade sector in which it operates, or the products that the business or trade sector supplies, or
   The business’s activities, products or services are covered by health & safety or product safety legislation enforced by ECC Trading Standards (for example, storage and supply of fireworks, explosives, petroleum, or poisons, import of goods from outside the EU, sports grounds), and 
   ECC Trading Standards believes that an inspection is an appropriate enforcement activity to contribute to achieving compliance with Trading Standards-related legislation.
   
   
7. ECC Trading Standards may also undertake inspections as part of targeted, intelligence-led, enforcement projects.
    
   
8. Wherever possible, and after consultation with relevant business stakeholders, ECC Trading Standards will co-ordinate its inspection programme and activities with other regulators to better use public sector resources and reduce the trading time lost by legitimate businesses in Essex as a result of regulatory activity.
   Sampling
    
   
9. For the purposes of this policy, “sampling” includes the procurement, purchasing and test and analysis of any goods or services by ECC Trading Standards staff, whether formally (as prescribed by legislation or official guidance) or informally, to ascertain their compliance with any aspects of Trading Standards-related legislation.
    
   
10. ECC Trading Standards will undertake sampling activities as operational needs dictate. The vast majority of our samples will be taken as part of the intelligence-led, targeted, enforcement projects outlined in our annual service plan. However, samples may also be procured:
    During inspections at premises designated “high risk” under the LACORS risk assessment scheme 
    As part of an investigation into a consumer or business complaint 
    On the initiative of Trading Standards staff based on their professional expertise and / or as a result of intelligence or information received by ECC Trading Standards
     
    
11. To reduce costs, save time and ensure a wide spread of sampling activity, ECC Trading Standards staff are authorised to undertake “informal” sampling programmes whenever this is deemed operationally appropriate. However, formal enforcement action will only be taken in respect of samples of goods and services taken in accordance with official guidance (where this exists). This guidance includes:
    Codes of Practice under the Food Safety Act 1990 
    Legislation prescribing the taking of samples of fertilisers, feedingstuffs and petroleum 
    Part V of the Weights & Measures Act 1985 in respect of goods being sampled for “average quantity” compliance
    Home Office guidance on covert test purchases of age-restricted products by young people.
    
    
12. Whenever operationally appropriate, ECC Trading Standards staff will procure samples of goods and services openly, declaring their authorisation, explaining why the sample is being taken and with the knowledge of the trader or business concerned. However, when ECC Trading Standards staff deem it operationally necessary, sampling may be undertaken covertly. Market Surveillance
     
    
13. As part of its intelligence-led approach to enforcement, ECC Trading Standards will monitor the trading environment to identify new trends, trade activities and products and services. In particular, we will seek to identify threats to the health, safety and economic wellbeing of Essex’s consumers and legitimate businesses arising from anti-social behaviour, crime & disorder, and unsafe and unfair trading.
     
    
14. ECC Trading Standards “Market surveillance” shall include:
    Monitoring and analysing information and trends in consumer and business complaints 
    Monitoring and analysing the results of inspection programmes, enforcement projects, and the sampling and testing of goods and services 
    Information and intelligence about products, traders and trade sectors obtained from any appropriate source including partner organisations (e.g. ECC Crime Reduction Unit, Police, District Councils, Central Government, traders and trade associations), other Trading Standards services and publications.
     
    
15. This policy will be reviewed by the ECC Trading Standards Operational Management Team at least once every 12 months.