Foodlaw-Reading

Dr David Jukes, The University of Reading, UK

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Food Law News - UK - 2018

FSA Update, 30 January 2018

ENFORCEMENT - Eighth Regulating our Future Newsletter

Welcome to the Eighth Regulating our Future Newsletter. It’s been a busy couple of months for the programme team. Below you can find out what we've been up to and how the programme is progressing.

This month the newsletter will provide an update on the Board decision on the Certified Regulatory Auditor concept, how we are streamlining plans for ROF with our Field Operations and Operation Assurance functions, the digital solution discovery phase report and the final report from our consumer panel.

Board decision on the Certified Regulatory Auditor concept

In December we updated the FSA Board on the latest developments in the ROF programme. Our presentation and the Board discussion showed again how we are developing our flagship policy in the open. The Board were able to give us direction on some key aspects of the evolving model of regulation and put us in a good position to move to a delivery phase in 2018. For more details, see below

Regulating Our Future, Field Operations and Operations Assurance

Up until now ROF has focussed largely on delivery of official controls in Local Authorities but we have now started work on how ROF will impact Field Operations and Operational Assurance activities. For more details, see below

Digital Solution Discovery Phase Report

In our September newsletter, we wrote about the work that the FSA was about to embark upon to explore ways that we can improve the registration and assessment of food businesses. For more details, see below

Regulating Our Future Consumer Panel report

In our last edition, we reported that the current ROF Consumer panel had met for the final time last October. The panel was established to ensure consumers are engaged in the design of the new regulatory framework and that the FSA understands consumers’ reactions, priorities, and their perceived risks and benefits. For more details, see below


Board decision on the Certified Regulatory Auditor concept

In December we updated the FSA Board on the latest developments in the ROF programme. Our presentation and the Board discussion showed again how we are developing our flagship policy in the open. The Board were able to give us direction on some key aspects of the evolving model of regulation and put us in a good position to move to a delivery phase in 2018.

The Board decided that further development of the Certified Regulatory Auditor (CRA) concept, was a lower priority at this stage in the programme. The CRA concept envisages private sector experts being used in specialist roles to support local authorities. They agreed it should be revisited once we have more evidence about where specialist skills gaps might remain in the new system, and whether the CRA approach could effectively deliver in those particular circumstances.

The Board also confirmed their support for strengthening the contribution of regulated private assurance schemes in providing assurance of compliance, including the opportunity to improve their scope and to find more ways to test management and culture in relation to food safety, hygiene and standards.

The board discussion can be viewed here (on the FSA site)


Regulating Our Future, Field Operations and Operations Assurance

Up until now ROF has focussed largely on delivery of official controls in Local Authorities but we have now started work on how ROF will impact Field Operations and Operational Assurance activities.

The first step in this work was to look at the work we currently do, the systems we use and the people and stakeholders who come into contact with Field Operations and Operational Assurance. We used this information to build this into an “As is” model which shows the complexity of the work undertaken by our operations staff. In order to develop this model, we held a workshop with representatives from across the organisation, explored the various layers which make up Meat Operations & Assurance and held interviews with individual members of staff.

Once the ‘As is’ model has been finalised the next phase will be to develop the ‘Interim Operating Model’. This will be done by obtaining information from those who do the day job about how we could do things in different ways and make improvements to the current model to ensure it is robust enough to cope with potential future changes. We will be asking field operations staff to tell us some of the constraints, challenges and difficulties that are faced out in the field and look at developing potential solutions by applying the ROF principles. A workshop will take place in early February with Meat, Dairy and Wine Inspectors to discuss the challenges they face and discuss some potential solutions. The solutions and improvements suggested will be incorporated into an ‘interim operating’ model which will then lead us toward the goal of producing a ‘Target Operating Model’.

As well as working with our internal stakeholders we have been talking to external groups made up of representatives from the meat industry and we’ll continue to work with them during this process. As we continue to develop the ‘Target Operating Model’ we will be engaging with a wide range of people and groups to ensure we develop a model that works for all.

We’ll provide regular updates on progress.


Digital Solution Discovery Phase Report

In our September newsletter, we wrote about the work that the FSA was about to embark upon to explore ways that we can improve the registration and assessment of food businesses.

This process began with a 10-week period during which we spoke to a wide variety of stakeholders. In particular we concentrated on the 3 principal user groups for the service:

We were able to identify a wide range of user needs but also those things that caused users problems with the current services. These include:

Based on the findings found during this phase, we have now moved into the Alpha phase of digital service development where we will look for ways to:

Below you can find an executive summary of the Digital Service Discovery report and the full report.

Related media (on the FSA site)


Regulating Our Future Consumer Panel report

In our last edition, we reported that the current ROF Consumer panel had met for the final time last October. The panel was established to ensure consumers are engaged in the design of the new regulatory framework and that the FSA understands consumers’ reactions, priorities, and their perceived risks and benefits.

Reflecting on discussions that had taken place over the year, members broadly supported the FSA’s proposed changes to how food businesses are regulated and the key features of the latest Target Operating Model (TOM).

They particularly expressed support for changes to the regulatory system once they became more familiar with the current requirements, regarding them as not sufficiently stringent and therefore in need of reform. These views served to underpin support for a permit to trade and/ or an enhanced registration system. The introduction of these particular measures were seen as positive developments, enabling regulatory support to be put in place for business at the start of their food regulatory journey, and importantly, were viewed as leading to higher standards across the UK food system.

While they accepted there was  a place within the overall assurance mix for a degree of regulated private assurance, their desire for more stringent standards, set and overseen by the FSA, meant that it was critical that the FSA remained ultimately responsible for the effective functioning of the system.

More broadly, the panel recognised and valued the diversity of the current UK food system and would not support any change that might jeopardise that.  Although they regarded it appropriate for businesses to meet the cost of regulation, these needed to be proportionate, specifically with regard to smaller businesses.        

The FSA is now carefully reflecting on the key themes emerging from this important consumer engagement. The full report including more detailed information can be found below.  Further information on the next phase of the FSA’s consumer engagement as the Regulating Our Future ( ROF) programme evolves will appear in future editions of this newsletter.   

Related media (on the FSA site)


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