The Inspection Notice: Who Has the Power and What Must Change

Finding	Problem	Corrective action
Open lidless bin, dogs feeding	Pests and animals are attracted to food waste and can carry pathogens back into the kitchen on paws, fur and flies; leachate contaminates the yard and the back-door threshold.	Impervious bin with a tight-fitting lid, kept closed, sited away from the kitchen door, emptied at least daily, area washed and disinfected; arrange a reliable collection contract.
Rat droppings, gnawed flour	Rodents contaminate food and surfaces with Salmonella and Leptospira via droppings, urine and fur; gnaw marks mean the food has been physically contacted.	Discard all contaminated and gnawed product - do not sift or brush it off. Clear and clean the store, seal entry points, store goods off the floor on racks and away from walls, and bring in a trained pest control operator with records of bait stations and visits.
No hot water at the hand-wash basin, basin used to fill the kettle	The basin is no longer a hand-wash facility; a food-contact vessel is being filled in a place where hands are washed, and effective hand hygiene is impossible.	Dedicate a hand-wash basin with soap, running water and single-use towels, kept free of utensils and containers; repair the hot water or provide a means of delivering warm water.
Two handlers without medical certificates	Statutory fitness requirements for food handlers are not being met, and there is no assurance that carriers of enteric infection are excluded.	Arrange medical examination and certification through the local authority for all five handlers; keep certificates on file and diarise renewals.
Loose ice from a three-wheeler	Ice is a ready-to-eat food and a direct route into drinks; loose handling by an unknown supplier gives no assurance of potable water source, clean handling or cold chain.	Buy ice only from a registered supplier in sealed, food-grade packaging, store it separately from raw food, and use a dedicated scoop - never a glass.

Note that the bin being 'emptied most days' is irrelevant: the requirement is about the condition of the bin between collections, not the frequency of emptying.

Powers of authorised officers Under the Food Act No. 26 of 1980 and the regulations made under it, food premises in a local authority area are subject to inspection by authorised officers - the Medical Officer of Health of the area and Public Health Inspectors acting under that authority. In practice an authorised officer may:

• enter and inspect food premises at reasonable times, and examine food, equipment and records;
• take samples of food, water and ice for analysis;
• seize and detain food that is unfit, adulterated or unlabelled, with destruction typically confirmed through the courts;
• serve written notices specifying the works required and a deadline;
• recommend prosecution in the Magistrate's Court, and recommend that the local authority restrict or prohibit trading where there is an immediate risk to public health.

The owner's obligations The food business operator carries the primary legal duty to keep the premises, equipment, water and waste arrangements in a condition that produces safe food, to ensure handlers are medically fit and trained, and to comply with notices. The 14-day notice is a legal instruction with a date attached, not a suggestion.

Refusing entry No. Obstructing or refusing entry to an authorised officer is itself an offence and converts a fixable hygiene problem into a prosecution. 'Sorting it out later' is also no defence: evidence available today is what an enforcement case rests on, and postponing works past the deadline invites escalation.

Practical approach: comply immediately on anything cheap and fast (bin, cleaning, ice supplier, basin stocked correctly), book the pest control and certification dates at once, ask for the notice in writing with clear requirements, keep a photo and invoice file showing progress, and request a re-inspection before the deadline. If the owner disagrees with a requirement, representations should be made to the MOH in writing - while the work continues.

Food business operator (the owner and you as manager)

• Provide and maintain premises, equipment, water and waste systems that support safe food; register the premises with the local authority; budget for pest control, certification and repairs.
• Employ and supervise staff, provide hygiene training, keep records (temperature, cleaning, pest control, illness, medical certificates), and respond to notices.
• The operator is the party legally answerable for most hygiene requirements; 'the staff did it' is not a defence if the system allowed it.

Food handlers

• Report diarrhoea, vomiting, jaundice, fever, skin lesions and discharges before starting work; maintain personal hygiene; follow the procedures they are trained in.
• Handlers have duties, but the operator must create the conditions - a basin with soap, a board for each task, a reporting channel that does not cost them their shift.

Local authority (MOH/PHI)

• Inspect, sample, advise, serve notices, certify handlers, investigate and notify food poisoning, and prosecute where necessary. The MOH also has a public health role beyond enforcement - they are the right people to call early when something goes wrong.
• Other bodies touch specific issues: the Central Environmental Authority on waste, and Sri Lanka Standards Institution standards where water or product specifications apply.

Why it matters: enforcement looks for a functioning system, not a scapegoat. Where an operator can show written procedures, training records and logs, a single lapse can be handled as an isolated error. Where there is no system, the same lapse becomes evidence of systemic failure - and that is what turns an inspection into a prosecution.