Revision of Code of Practice on food law enforcement for England previously issued under Section 40 of the Food Safety Act 1990

Section 40 of the Food Safety Act 1990 permits Ministers to issue Codes of Practice to enforcement authorities concerning the execution and enforcement of food law. Such Codes set out instructions and criteria to which such food authorities must have regard when engaged in the enforcement of food law and are intended to achieve even standards of enforcement.

There is currently one Code made under the Food Safety Act 1990 and a separate Practice Guidance document. As Food Authorities must have regard to this statutory Code when engaged in the enforcement of food law, it is necessary to update the current Code and Practice Guidance to take account of new EU food law and proposed supporting legislation in England, applicable from 1 January 2006.

These legislative changes mean that, in order to cover the range of legislation, the legal basis of the new Code will be Section 40 of the Food Safety Act 1990 which permits, and Regulation 24 of the Food Hygiene (England) Regulations 2005 and Regulation 6 of the Official Feed and Food Controls (England) Regulations 2005 which, as drafted, would permit, Ministers to issue Codes of Practice.

As was stated in the consultation on the current Code and Practice Guidance, our legal advice is that there should be a clear division between what food authorities must do in enforcing food law and which must be included in the statutory code, and other advice which can be published as practice guidance. It is therefore proposed that, as now, there will be a single Code and a separate Practice Guidance document.

The most significant changes to the Code and Practice Guidance stem from the legislative changes described above, although comments received on the current Code and Practice Guidance since their publication in Autumn 2004 have also been taken into account and reflected as appropriate.

The legislation referred to above is, specifically:

EU Food Law

• Regulation (EC) No. 852/2004 on the hygiene of foodstuffs
• Regulation (EC) No. 853/2004 laying down specific rules for food of animal origin.
• Regulation (EC) No. 854/2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption,

and the following Regulation concerning official controls:

• Regulation (EC) No. 882/2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules.

These above Regulations complement and are in addition to the overarching EU General Food Law Regulation, viz.

• Regulation (EC) No. 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.

Proposed Supporting Legislation (England)

• The [draft] Food Hygiene (England) Regulations 2005
• The [draft] Official Feed and Food Controls (England) Regulations 2005

The view of the Agency is that the proposed updated Code will have a broadly neutral financial impact on both food businesses and local authorities. However, we welcome views on possible cost implications (increases and decreases) for individual businesses and local authorities and on sectors as a whole.

Similar consultations are to take place in Scotland, Wales and Northern Ireland in due course.

This consultation has been prepared in accordance with the Cabinet Office�s Code of Practice on Written Consultation, available at www.consultation.gov.uk. For details please contact the Consultation Co-ordinator, Lisa Sutherland at the Food Standards Agency, Room 315B, Aviation House, 125 Kingsway, London WC2B 6NH. Tel: 0207 276 8630, E-mail: lisa.sutherland@foodstandards.gsi.gov.uk.

Next Steps
To inform debate on the issues raised by this consultation, we shall make available copies of the comments received. A summary of the responses to this consultation will be placed on this website. Subject to the comments received on this public consultation, the aim is to publish the revised Code and Practice Guidance later this year.

This consultation has been prepared in accordance with the HM Government Code of Practice on Consultation, which states that a consultation must follow better regulation best practice, including carrying out an Impact Assessment (Regulatory Impact Assessment in Scotland). The assessment is included in the consultation documents.

We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process. If you would like to assist us to improve the quality of future consultations, please feel free to share your thoughts with us by using the consultation feedback questionnaire.

Consultation feedback questionnaire (Word)

Consultation feedback questionnaire (pdf)

In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. Responses will be open to public access upon request. The FSA will also publish a summary of responses, which may include personal data, such as your full name and contact address details. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.

Data protection form (Word)

Data protection form (pdf)

Within three months of a consultation ending we aim to publish a summary of responses received and provide a link to it from this page.

If, after three months, the summary is still not showing, please contact the person who was responsible for the original consultation. Alternatively, you can contact Judith Taylor, the FSA Consultation Co-ordinator, on 020 7276 8633.
Email: judith.taylor@foodstandards.gsi.gov.uk