Information Commissioner's Office

Summary: The complainant has requested the food hygiene inspection reports for a named company which ran a meat plant. The Food Standards Agency (the -�FSA-�) initially disclosed some information. Additionally, during the course of the Commissioner-�s investigation it stated that it was now prepared to disclose some additional information. The outstanding information was withheld under the investigations and proceedings exemption (FOIA section 30(1)(a)(i) and (b)); the law enforcement exemption (FOIA section 31(1)(b) and (c)); the commercial interests exemption (FOIA section 43(2)); and the exception for environmental information the disclosure of which would adversely affect the confidentiality of commercial or industrial information where such confidentiality is provided by law (EIR regulation 12(5)(e)). The Commissioner-�s decision is that FSA has correctly relied upon the investigations and proceedings exemption to withhold some of the non-environmental information. He has also decided that the remaining non-environmental information was correctly withheld under the commercial interests exemption. Finally, he has also decided that the FSA correctly relied upon the exception for information the disclosure of which would adversely affect the confidentiality of commercial or industrial information where such confidentiality is provided by law. The Commissioner requires the FSA to take the following steps to ensure compliance with the legislation: it should disclose the information it has identified for disclosure -� as set out the emails dated 8 and 13 September 2011 between the Commissioner and the FSA.
Section of Act/EIR & Finding: FOI 30 - Complaint Partly Upheld, FOI 43 - Complaint Not upheld, EIR 12.5.e - Complaint Not upheld