Response 111764144

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Introduction of Compliance Notices

Which best describes you?

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(Required)
Food Business
Local Authority
Consumer
Other

Do you agree that there is a gap in the formal enforcement options available to authorised officers for food standards contraventions and that we should make use of the powers in the Food (Scotland) Act 2015 to introduce a Compliance Notice? Please provide further information in the comments box.

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Yes
No

Do you agree that option 3 "Introduce a Compliance Notice applicable to breaches in Food Standards followed by further exploration of expansion of the scope to also include Food Hygiene and wider Food Law" is the best option to address this gap? If you answered no, please provide further information in the comments box, clarifying your preferred option and reasons for it.

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Yes
No

Do you believe that the introduction of a Compliance Notice is an appropriate and proportionate measure for ensuring compliance with the relevant food information and standards requirements?

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Yes
No

Do you agree that the introduction of a Compliance Notice will help to encourage businesses towards compliance with regulations? If not, please provide further information in the comments box.

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Yes
No

Do you foresee any risks with the preferred approach (option 3)?

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Yes
No

Do you have any other suggested solutions for addressing the gap in formal enforcement options available for Food Standards contraventions that have not been considered here?

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Yes
No

Do you have any other concerns or queries about the introduction of the proposed Compliance Notice?

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Yes
No

Local Authorities

Do you consider that the introduction of the proposed Compliance Notice will have a resourcing impact for your local authority?

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Yes
No

Do you agree that the proposed Compliance Notice will be a useful enforcement tool for authorised officers to ensure compliance with food information, composition standards, novel foods and foods for specific groups?

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Yes
No

Do you agree that the proposed Compliance Notice will be a useful enforcement tool for authorised officers to ensure compliance with Food Hygiene legislation?

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Yes
No

Option 3 (the preferred option) proposes that in the future the scope of the Compliance Notice covers both Food Standards and Food Hygiene Law, in line with FLRS. In light of this, do you foresee any potential conflict between a new CN (covering both Food Standards and Food Hygiene) and existing enforcement notices, such as the Hygiene Improvement Notice (HIN)?

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Yes
No

Training and an associated Food Law Code of Practice (FLCoP) will be provided to ensure consistent application of the proposed Compliance Notice across all LAs. Are there any other factors that need to be considered in relation to consistent application of the Compliance Notice across Scotland?

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Yes
No

Are the estimated costs for Local Authorities regarding the familiarisation and dissemination of the changes in the partial Business and Regulatory Impact Assessment (BRIA) accurate and reasonable?

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Yes
No

Are there additional risks and unintended consequences from the food law enforcement interest that should be considered and if so, how should these be mitigated?

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Yes
No