The Novel Foods (Scotland) Regulations 2017

Q5:

Please provide us with evidence to support your view on the amount of time required for familiarisation.

Q7:

Is our estimation of the familiarisation costs for enforcement authorities reasonable?

Q11:

Does the proposed SSI provide an effective means to enforce the requirements of novel food in future?

Response to Q5:

Disagree. It took 2.5 hours to scan roughly and absorb requirements.   

Response to Q7:

Underestimate. At least 2.5 hours to gain understanding.  No costs for the time of key staff when information is being disseminated to them.

Response to Q11:

Articles 4(1) and 4(2) should not be included in the list of offences. There is no requirement to notify Member State about intention to place food on the market, including novel food. Determination whether any ‘new’ food meets the novel food status prior of placing it on the market would be part of the FBO due diligence. The procedure for determination of novel food status and consultation process should be responsibility of the Central Food Authority (Food Standards Scotland or Food Standards Agency). Local authorities do not have capacity or expertise to determine whether the food falls within the novel food status.

Consultation comments and changes made to the Final Business Regulatory Impact Assessment

FSS feedback to R5:

Based on your feedback, our revised estimate is that the reading and understanding of the EU Regulation will take two and a half hours with a further two and a half hours for dissemination to key staff within each firm (a total of 5 hours).  This will be reflected in the Final Business Regulatory Impact Assessment.

FSS feedback to R7:

Based on your feedback, our revised estimate for the familiarisation costs have increased to two and a half hours for all 210 enforcement officers. This will be reflected in the Final Business Regulatory Impact Assessment.

FSS feedback to R11:

The Commission have consulted on an Implementing Regulation which clarifies the procedural steps to be followed in the consultation process to determine whether or not a food falls within the scope of Regulation (EU) 2015/2283.  The determination to verify whether the consultation request complies remains with the Member State.  Competent Authorities of the Member State shall be provided to the Commission by 01/03/18 and contact details will be published on the Commission’s website by 01/5/18. It is envisaged that the Competent Authority will be bodies such as Food Standards Scotland rather than local authorities. We note that Regulation (EU) 2015/2283 places a clear obligation on food business operators to determine the status of their product before being placed on the market and therefore an offence provision is necessary in the event of non-compliance with Articles 4(1) and 4(2).