Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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FSA Consultation Response, 19 October 2023
The Food Standards Agency has published a detailed document setting out the responses to a consultation. The consultation was published on 3 April 2023 and closed on 30 June 2023 and sought stakeholder views on modernising the Food Hygiene Delivery Model. The full document is available as a webpage on the FSA site. See:
Details of the consultation are given is the original news item:
Given below are the Conclusions and next steps section from the FSA summary document:
Conclusion and next steps
We have carefully considered all the consultation responses and feedback provided.
There were mixed views on some elements of our proposals, but there were others which had broad support. More generally, we also heard from many local authorities that they face significant and pressing resourcing challenges. Some of the changes we have proposed could assist them in using their resources in a more effective way.
We therefore intend to progress with substantive elements of the proposed developments, which were supported by the consultation, but in a more efficient and effective way than originally proposed. These elements are set out in the Next steps section below. We will refine and develop these elements taking the consultation feedback into account and will further consult with stakeholders in due course.
Elements of the proposed developments which would require piloting, or significant management information system (MIS) changes, will not be progressed. This includes the proposed food hygiene intervention scoring and planned official control frequencies (decision matrix approach). Given the responses to the consultation, the costs and timescales required outweigh the potential benefits.
The next milestone of this project was to pilot the proposed developments. In light of the consultation feedback, and our subsequent revised approach, the planned pilot will not be going ahead.
Feedback from the consultation also highlighted alternative approaches to enhance the existing food hygiene delivery model. The broader Achieving Business Compliance (ABC) Programme is looking at modernisation of the food regulatory system which may consider longer-term reforms in some of these areas. This would be done in collaboration with stakeholders.
Next steps
The proposed amended approach for each proposal has been outlined below:
Proposed development 1 – A modernised food hygiene intervention rating scheme including a decision matrix to determine the appropriate frequency of these controls based on the risk posed by a food business establishment.
Proposed action - There was a mixed response to proposed development 1. A number of concerns were raised regarding the proposed food hygiene intervention scoring and planned official control frequencies (decision matrix approach). Therefore, we have decided not to progress development of these elements of this proposal. However, we will explore further the potential development and viability of the following amendments, including the provision of clarification and guidance on:
We will consider what changes are needed to the Food Law Code of Practice (Code) and Food Law Practice Guidance (Practice Guidance) to achieve these amendments. If MIS changes are required that are not covered under current MIS contracts, we will assess the costs of introducing these amendments and consider the approach ahead of any consultation on potential Code amendments.
Proposed development 2 – An updated risk-based approach to the timescales (where not prescribed in legislation) for initial official controls of new food establishments, and undertaking due official controls.
Proposed action - There were mixed opinions on the detail of this proposal. However, there was broad support for the triaging and prioritisation of new food businesses and due official controls.
We will consider what changes are needed to the Code and Practice Guidance to achieve this. Feedback from the consultation will be considered when developing and refining this proposal. If MIS changes are required that are not covered under current MIS contracts, we will assess the costs of introducing this proposal and consider the approach ahead of any consultation on potential Code amendments.
Feedback from the consultation indicated the need to develop the FSA’s online Register a Food Business (RAFB) system to support the collection of more data to assist local authorities with triaging newly registered businesses. Following the review of the Code and Practice Guidance consideration will be given to any future development to support the changes to the Code.
Proposed development 3 – Increased flexibility as to the methods and techniques of official controls that can be used to risk rate an establishment, including the appropriate use of remote official controls.
We will consider what changes are needed to the Code and Practice Guidance to introduce appropriate flexibilities ahead of any consultation on potential Code amendments.
Proposed development 4 – Extending the activities that officers, such as Regulatory Support Officers (RSOs), who do not hold a ‘suitable qualification’ for food hygiene can, if competent, undertake.
A review of the Code, Practice Guidance and Competency Framework will be undertaken ahead of any consultation on potential Code amendments.
