Foodlaw-Reading

Dr David Jukes, The University of Reading, UK

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Food Law News - UK - 2018

FSA Internet Newsletter, 16 April 2018

ENFORCEMENT - Ninth Regulating Our Future Newsletter

Welcome to the ninth Regulating Our Future Newsletter. This month we are focusing on the progress we have made on our National Inspection Strategies and the next steps for Enhanced Registration.

These are both significant parts of our overall design for a modernised regulatory framework, and I am delighted we have made such significant advances towards both going live.  It’s a reminder that, every now and then, we should stand back and remind ourselves why we’ve embarked on an ambitious, long term, reform programme and the benefits it will deliver to consumers, to public confidence, to businesses and to local authorities.  You can see that captured succinctly in this table:

What’s ‘Regulating Our Future’ - ROF - all about?  

  • It’s about modernising how food businesses in England, Wales and Northern Ireland are regulated to check that our food is safe and what it says it is, and building a system that is dynamic, sustainable, and can adapt as circumstances change and technology develops in the future.

Why are we changing the way we regulate the food and feed sectors? 

  • To provide the flexibility needed to adapt to the changes in the global food economy: in what we eat, where we consume it, and how it reaches us.
  • To provide the sophistication needed to regulate an increasingly diverse food industry and to adapt quickly to changing risks.
  • To be able to respond to changing patterns of food production, trade and consumption when the UK leaves the EU.

What changes are we making?   

  • We are introducing a new digitally-enabled approach to registration of food businesses that will  help businesses set up for success and will give a single unified view of food businesses in England, Wales and Northern Ireland.
  • We are introducing a more sophisticated and data driven risk management framework for determining the nature, frequency and intensity of official controls.
  • We are developing mechanisms and setting standards to allow businesses’ own assurance data and information to be considered within the risk management framework.
  • For multi-site operators, we are putting an increased focus on business level controls rather than those at individual outlets by developing criteria for Primary Authority National Inspection Strategies.
  • For some businesses, we are considering integrating hygiene and standards controls to provide a more holistic approach to checking that businesses are meeting all their food safety obligations. • We are working to ensure that the Food Hygiene Rating Scheme can continue to operate successfully as part of the changing regulatory system.
  • We are exploring options for introducing a new sustainable funding model to support our regulatory system where businesses will bear the costs.

What benefits are the changes expected to bring? 

  • More businesses registering proactively and having easy access to tailored guidance and support to help them achieve success from the start.
  • Real time access to more detailed information on all registered businesses in England, Wales and Northern Ireland will inform risk management decisions.
  • Clarity for businesses on the standards regulated private assurance mechanisms must meet to be considered as part of the regulatory risk management framework.
  • Reduced regulatory burden on businesses that demonstrate sustained compliance and commitment to food safety.

At the same time, we still have to battle against misunderstandings and misrepresentation of what we are about.  I was very disappointed in a recent report by Professors Lang and Millstone, replaying the myth that we want to remove local authorities from their place at the heart of food regulation and suggesting that in future businesses would be able to choose a sub-contractor “to mark their homework for them.” As I said at the FSA’s Board meeting last month, neither of these claims is true.  We have no plans to remove local authorities from the front line of ensuring food is safe and what it says it is. What we are doing is enhancing the role of LAs by making available to them other sources of information that will inform the type and frequency of intervention required. Under ROF LAs will continue to have ultimate responsibility for enforcement of food safety and food standards regulation.

We will be publishing a comprehensive report later in the year which will outline where we have got to and the key projects that we are working on for the rest of this year and into 2019. As always, we want to hear your views and do please get in touch via FutureDelivery@food.gov.uk

Heather Hancock

FSA Chairman

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