Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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FSA Consultation, 23 May 2023
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2023 Post implementation review: the food safety (sampling and qualifications) (England) regulations 2013 This review was provided by the FSA as a web page. It is available on this site in pdf format (click on image). Provided under the Open Government Licence. The original document was accessed from: |
The consultation closes on 23 June 2023. To reply, see the FSA page: Consultation on the post implementation review of the 2013 S&Q regulations. The following is the consultation 'pack' taken from the annoucement by the FSA.
As part of the Government’s commitment to review provisions in secondary legislation that regulate businesses, the 2013 S&Q Regs require the Food Standards Agency (FSA) to undertake a review of the Regulations in England and set out the conclusions in a report within five years of the measure coming into force and every five years subsequently.
Details of consultation
Acronyms/Definitions
Introduction
The 2013 S&Q Regs came into effect on 6 April 2013 and support the Food Safety Act 1990 which details how authorised officers of local authorities should submit samples for chemical analysis to Public Analysts or for microbiological examinations to Food Examiners.
The 2013 S&Q Regs also support the Official Controls Regulation (Retained EU Regulations) 2017/625 which provides a legislative framework on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products.
This report assesses the effect of the 2013 S&Q Regs since the 2018 PIR, by collating evidence of the views of key stakeholders and assessing the costs and benefits outlined in the associated impact assessment. This is a light-touch review based on the low impact identified by the impact assessment carried out by the FSA when the regulations were introduced, the finding of the 2018 PIR and FSA routine implementation monitoring, which includes routine engagement with key stakeholders such as enforcement officers, public analysts and food businesses.
Therefore, the level of evidence sourced for this PIR is proportionate to the impact of these Regulations. The statutory requirement to undertake and report on the findings of post implementation reviews relates to England only and therefore this review is focused on the England regulations. The findings of this review however, are not anticipated to be unique to England as there are similar regulations in place for Wales, Scotland, and Northern Ireland.
Main proposals
The 2013 S&Q Regs continue to meet its objectives, remains relevant and valid.
No significant changes are required to the 2013 S&Q Regs and where minor amendments may be recommended, all stakeholders agreed with the FSA’s view to address this by including the updates in the list of SIs in Schedule 1 at the next substantive update of this regulation. This supports the recommendation in the 2018 PIR of the 2013 S&Q Regs.
The CoA does not always provide all of the testing information that is sometimes required by the competent authority, however as this could be provided by Public Analysts via a non-legislative alternative and making changes to the 2013 S&Q Regs would add further pressures to Public Analysts, the CoA remains fit for purpose. Considering the number of Public Analysts now working remotely since the Covid-19 pandemic, it has become apparent that changing the wording on the CoA to ‘laboratory of employment rather than ‘place’ may be required.
The MChemA is the only known qualification deemed appropriate to be a Public Analyst and there are no suitable equivalents. No stakeholder provided any evidence to suggest that the qualifications to be a Food Examiner were not fit for purpose, however it was raised that there is a discrepancy between the Public Analyst and Food Examiner qualification requirements. Further clarification of the process for recognising equivalent qualifications in the 2013 S&Q Regs or Food Law code of Practice could address this in line with the Food Safety Act 1990.
Impacts
The 2013 S&Q Regs have not brought about any negative or unintended consequences that impact on stakeholders. The FSA is not aware of any EU Member States or third countries introducing legislative requirements on qualifications/experience for analysts carrying out official control work. While a unique approach to the UK, this approach does not present any disadvantages to UK businesses.
Engagement and Consultation Process
The initial FSA assessment has been based on evidence obtained from targeted engagement with key stakeholders including Enforcement Authorities, Official Laboratories, the Government Chemist, Royal Society of Chemistry and other identified key stakeholders. Stakeholder views have been analysed in contrast to the routine FSA monitoring of the effectiveness of regulations, to inform and provide supporting evidence to the PIR. The findings of this engagement support the FSA view that the Regulation continues to fulfil its intended objectives and remains fit for purpose following the 2018 PIR. This view will now be tested through wider FSA public consultation and the final report.
Questions asked in this consultation
We welcome stakeholder’s views on this PIR report, in particular we would like to invite stakeholder views and, where supporting evidence possible, in relation to:
