We Asked, You Said, We Did

We asked if a model transferring competency with an ability to delegate would achieve the expected benefits, of addressing identified weaknesses and establishing a sustainable process for future feed law delivery, outlined in the consultation document.

A model transferring competency with an ability to delegate would be beneficial.

Any future model would need to be adequately and sustainably resourced; support the maintenance of skills and knowledge of officers delivering official controls; provide consistency to the feed sector and maintain the benefits of local knowledge.

FSS continues to work with stakeholders through an Implementation Group and other mechanisms to develop the infrastructure to deliver the new model.

FSS asked respondents for their views on the newly developed guidance on Food Traceability, Withdrawals and Recalls within the UK Food Industry.

Respondents were broadly supportive of the guidance and supporting tools.  Comments received from respondents on the type of information that they wish to see included in the quick reference guide which would support the overarching guidance document.

Consultation responses were used to refine our final guidance document which was published on 12th March 2019.  Quick reference guide currently being produced taking into account the comments received as part of the consultation responses.

https://www.foodstandards.gov.scot/publications-and-research/publications/guidance-on-food-recalls

For views on the new legislation which will provide for centralised delivery of feed official controls 

Please see consultation responses

We considered all views and shall amend the legislation to allow full transfer of competence

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).

Do you agree with the proposal to transpose Directive 2015/1787 removing the need for local authority check/audit monitoring for bottled spring and drinking water and what would the impacts be

Agreed with our proposal and assessment of the impact

Noted the responses

FSS asked respondents for their views on our draft regulatory strategy, and those areas of the food and feed regulatory system that may need to be changed in the future.

Respondents were broadly supportive of our proposed regulatory approach, and provided detailed views on areas of possible change highlighted in the consultation.

Consultation responses were used to refine our final regulatory strategy, which was considered and agreed by FSS at their open Board meeting on 17 May 2017, and are informing further policy development across the supporting regulatory strategy programme. 

The final regulatory strategy has now been published on the FSS website and can be found here. http://www.foodstandards.gov.scot/business-and-industry/safety-and-regulation/regulation-legislation/fss-regulatory-strategy