Roles and responsibilities of Government authorities
Saturday 4 August 2007
Roles and responsibilities of Government organisations with an interest in imported food.
- Food Standards Agency (FSA)
- Defra, Executive Agencies and devolved agriculture departments
- Her Majesty's Revenue and Customs (HMRC)
- Food and Veterinary Office of the European Commission (FVO)
- Local authorities and Port Health Authorities
- Local Authorities Co-ordinators of Regulatory Services (LACORS)
- Association of Port Health Authorities (APHA)
- Maritime Coastguard Agency (MCA) (also known as MCGA)
- Medicines and Healthcare Products Regulatory Agency (MHRA)
- SITPRO (formerly 'The Simpler Trade Procedures Board') and Business Link
Food Standards Agency (FSA)
FSA is an independent Government Department responsible for enforcement support, advice and audit of enforcement activity with respect to local authority food safety and standards controls including some imported products of animal origin (POAO) and food not of animal origin (non-POAO).
The Agency is the Competent Authority (CA) for fish and fishery product imports from non-European Union countries to the UK, primarily concerned with and public health aspects of food, contamination of food and the Rapid Alert System for Food and Feed (RASFF). For more information on RASFF see the European Commission website.
The FSA has a dedicated Imported Food Division that may be used as a source of information and advice as well as regional offices for the devolved administrations. The FSA and Defra work closely on import issues, as there are many areas with relevance for both public and animal health. As a CA, the FSA is subject to scrutiny through the Food and Veterinary Office of the European Commission (FVO).
Meat Hygiene Service (MHS) is an Executive Agency of the FSA and has the function of providing supervision, inspection and health marking in all domestic licensed fresh meat premises. The Official Veterinary Surgeons (OVS) is responsible for veterinary supervision in full throughput slaughterhouses. Where MHS staff come across meat in licensed cutting plants that they suspect is illegally imported, they have the primary responsibility and powers to deal with those goods. See the MHS section on the FSA website.
Defra, Executive Agencies and devolved agriculture departments
Department for Environment, Food and Rural Affairs (Defra) - each EU Member State has to appoint a Central Competent Authority (CCA) for administration of the veterinary checks regime. In the UK Defra is the Government Department designated as the CCA for products of animal origin (POAO) and live animal imports in England, although agricultural departments in the devolved administrations do have competency in these countries. Defra is responsible for implementation of import control legislation and communication with the European Commission on import control matters. Defra focuses on the animal health aspects of imported food and feeds, and the FSA and Defra work closely on import issues, as there are many areas with relevance for both public and animal health. As a CCA, Defra is subject to scrutiny through the Food and Veterinary Office of the European Commission (FVO).
Defra has a dedicated unit overseeing implementation of overall Government action against illegal imports of POAO from outside the EU and the International Animal Health Division and has lead responsibility for legitimate trade. The Imports Policy branch has detailed knowledge of import rules and requirements for POAO. Devolved administrations have their own agriculture departments, although it should be noted that the State Veterinary Service is a Great Britain-wide body. See the Defra website.
- Scottish Executive Environment and Rural Affairs Department (SEERAD) is the devolved Scottish Agriculture Department. SEERAD is the Central Competent Authority for products of animal origin and live animal imports, as well as plant imports. See the SEERAD website.
- Welsh Assembly Government's Department of Environment Planning and Countryside (DEPC), exercises functions on behalf of the National Assembly for Wales, which is the Competent Authority, for the import of products of animal origin, imports of fishery products, live animal imports and plant imports. See the DEPC website.
- Department of Agriculture and Rural Development (DARD) is the devolved Agriculture Department in Northern Ireland. DARD is the Competent Authority for third country (non-European Union country) imports of products of animal origin (except fishery products), live animals and plants. DARD also carries out functions in Northern Ireland, on behalf of FSA, in the areas covered by the Meat Hygiene Service and the Dairy Hygiene Inspectorate in Great Britain. See the DARD website.
Animal Health is the government's executive agency primarily responsible for ensuring that farmed animals in Great Britain are healthy, disease-free and well looked after. One of its key roles is to implement government policies aimed at preventing – or managing – outbreaks of serious animal diseases, and in doing so support the farming industry, protect the welfare of farmed animals and safeguard public health from animal borne disease.
In England and Wales Animal Health works to protect public health by ensuring that dairy hygiene and egg production standards are met. It also regulates the trade in endangered species.
Animal Health was created on 1 April 2007 following the merger of the State Veterinary Service (SVS), Dairy Hygiene Inspectorate and Egg Marketing Inspectorate and the Wildlife Licensing and Registration Service. It is sponsored by, and works on behalf of, Defra, the Scottish Executive and Welsh Assembly Government.
Certain animal diseases are termed 'notifiable' as they must be reported to Animal Health if a case is suspected. Some diseases are continually present, or 'endemic' to Great Britain, such as tuberculosis in cattle and scrapie in sheep. Others that may enter Britain from abroad are called 'exotics' because they are not normally present. These include foot and mouth disease, swine fever, avian influenza and rabies. See the Animal Health website.
Defra's Organic Farming Branch covers imports of organic produce. Produce from most non-European Union countries can only be imported by certified organic importers and where prior authorisation has been obtained from Defra. All consignments have to be accompanied by a Certificate of Inspection issued by the relevant approved body certifying the goods as organic in the exporting country, which is checked and endorsed by either the Port Health Authority or local authority, whichever is appropriate, at the port of entry. Without an endorsed Certificate of Inspection imported produce may not be marketed as 'organic'. For more information on organic food and farming see the Defra website.
Centre for Environment, Fisheries & Aquaculture Science (CEFAS) is an Executive Agency of Defra. It is an internationally recognised centre for research, assessment and advice on fisheries management, environmental protection and aquaculture. One area of their responsibility is fish and shellfish health and disease control. A licence must be obtained from CEFAS to import live fish and shellfish from non-European Union countries. As from 1 May 2004, animal health certificates are also required (as well as public health certificates) for fish products of aquaculture origin. This includes any products intended for human consumption derived from fish of aquaculture origin, including whole fish, eviscerated fish, fillets and products thereof. This is applicable to all non-European Union countries. The Fish Health Department at CEFAS are able to advise on queries on 01305 206600. See the CEFAS website.
Horticultural Marketing Inspectorate (HMI) is an executive arm of Defra and covers England and Wales only. Most fruit and vegetables are subject to European Commission marketing standards. They must either be imported accompanied by a certificate of conformity or be inspected by HMI who then issue a conformity certificate. Where possible, Port Health Authorities are encouraged to carry out joint examinations of products with HMI so as to reduce burden on importers and subsequent delays. For more information on the HMI see the Defra website.
Horticultural and Marketing Unit is a unit within the Scottish Executive Environment and Rural Affairs Department. Much of the work carried out by the Plant Health and Seed Inspectorate and Horticultural Marketing Inspectorate in England and Wales is carried out by staff of the Horticultural and Marketing Unit in Scotland.
Pesticides Safety Directorate (PSD) is an Executive Agency of Defra administering the regulation of agricultural, horticultural, forestry, food storage and home garden pesticides. The principle functions of PSD are to evaluate and process applications for approval of pesticide products for use in Great Britain and provide advice to Government on pesticides policy. See the PSD website.
Plant Health and Seeds Inspectorate (PHSI) is an Executive Agency of Defra and covers England and Wales only. Their role is to guard against the introduction and spread of harmful pests and diseases by application of official controls on import, movement and keeping of plants and plant products. As of the risk they pose to plant health, certain pests and diseases and some plants and plant products are prohibited from entering the UK. Other plant and plant products are restricted and must be accompanied by a phyto-sanitary ('plant health') certificate issued by the exporting country. For more information on the PHSI see the Defra website.
Veterinary Medicines Directorate (VMD) is an Executive Agency of Defra, whose aims are to protect public health, animal health, and the environment and, to promote animal welfare by assuring the safety, quality and efficacy of veterinary medicines in the UK. Responsibilities of VMD include the assessment, issue and maintenance of all national marketing authorisations for veterinary medicines in accordance with European Union and UK legislation, controls on the manufacture and distribution of veterinary medicinal products including inspections, and surveillance for residues of veterinary medicines in animals and animal products. See the VMD website.
Rural Payments Agency (RPA) is an Executive Agency Defra. Many foods from non-European Union countries require an import licence for trading purposes and may be subject to quotas. For more information on licences, quotas and the Common Agricultural Policy (CAP) see the RPA website.
Her Majesty's Revenue and Customs (HMRC)
HMRC operate a number of Customs teams at ports of entry. Since 11 April 2003, HMRC have had powers to undertake anti-smuggling controls on non-European Union country imports of POAO within Customs approved areas at seaports, airports and international rail terminals and Enhanced Remote Transit Sheds (ERTS are a temporary storage facility used at ports in Scotland, Wales and England). These powers are currently discharged by the Department of Agriculture and Rural Development in Northern Ireland.
HMRC have National Strike Force (NSF) teams that can move to different ports within a defined region to carry out anti-smuggling duties. They target specific imports on a risk basis depending on their current targets and are primarily intelligence led. These teams usually act independently of local Customs Officers. From 11 April 2003, the priority for several of these teams has been to carry out anti-smuggling work on illegal products of animal origin (POAO).
HMRC do not have responsibility at Border Inspection Posts or inland (other than in exceptional circumstances). Therefore Port Health Authorities (PHAs) and local authorities retain a crucial role in identification and control of illegal POAO outside of Customs areas.
HMRC officers work to ensure correct import duty is being paid, although they do carry out other functions if problems are encountered e.g. smuggling activities. As these officers have a role with foodstuffs they are often a source of information/referral to PHAs. HMRC are also responsible for enforcing the Convention on International Trade in Endangered Species (CITES). See the HMRC website.
HMRC have developed a free web-based alert service in conjunction with the Defra. The purpose of this system is to push multi-departmental messages in the form of a short e-mail and a web link, to UK importers and exporters, improving Government-wide customer service. See the UKTradeInfo website.
Food and Veterinary Office of the European Commission (FVO)
All European Union Central Competent Authorities and Competent Authorities (Defra and the FSA in the UK) are subject to oversight through the FVO and, together with Border Inspection Posts, are subject to regular audits and inspections. Member States and the FVO meet monthly in relation to animal health and public health at the Standing Committee on the Food Chain and Animal Health (SCoFCAH) and to plant health at the Standing Committee on Plant Health. These meetings discuss European Union policy and proposals for the implementation of community law. For more information on the FVO see the European Commission website.
Local authorities and Port Health Authorities
Local authorities and Port Health Authorities (PHAs) are responsible for food safety and standards checks on imported food at ports of entry, including products of animal origin (POAO) presented at some types of Border Inspection Posts (BIPs). See a list of the different types of BIPs on the Defra website. Local authorities are also responsible for checks inland.
BIPs may be approved to handle POAO intended for human consumption or POAO not intended for human consumption (e.g. feathers, hides, blood products) or both.
The State Veterinary Service is responsible for veterinary checks at BIPs that are only approved for products not intended for human consumption. Local authorities are responsible for imported foods at all other BIPs.
Local authorities are not responsible for detecting smuggled POAO (other than when POAO found in a BIP facility), at ports of entry but are responsible for detaining smuggled POAO found at Enhanced Remote Transit Sheds (ERTS are a temporary storage facility used outside port areas) and informing Her Majesty's Revenue & Customs. Local authorities are also responsible for dealing with illegal POAO (including smuggled goods) when discovered inland at retail, catering, market stalls or other premises.
Port Health Authorities (PHAs) are specifically constituted by the Department of Health and have a remit of administering a range of environmental health functions at docks and seaports. The Public Health (Control of Disease) Act 1984 provides for the Department of Health to create Port Health Authorities by Order. They may be integral to the local authority, e.g. the Southampton and Suffolk Coastal (Felixstowe) Port Health Authorities, or be a stand-alone organisation managed by a Joint Board of Members from local authorities who each part fund the PHA. In places where a PHA cannot be constituted, e.g. airports (due to Customs definition of a 'port' in the Customs and Excise Management Act 1979), the local authority will carry out the role. See the Association of Port Health Authorities (APHA) website.
Official Veterinary Surgeons (OVS) are responsible for Veterinary inspection of imported products of animal origin and control/management of Border Inspection Posts within the PHA service.
Official Fish Inspectors (OFI) are responsible for inspection of imported fishery products and duties of OVS in relation to fishery products within the Port Health Authority service.
Authorised Officers are responsible for imported food control inland local authorities and to assist Official Veterinary Surgeons/ Official Fish Inspectors at BIPs.
Local Authorities Co-ordinators of Regulatory Services (LACORS)
LACORS is the local government central body that co-ordinates the enforcement activities of environmental health and trading standards services, including food enforcement. See the LACORS website.
Association of Port Health Authorities (APHA)
APHA has the primary objective of preventing the introduction into the country of dangerous epidemic, contagious and infectious diseases and ensuring the wholesomeness of imported food. Membership of the Association is open to any local authority or other body with a port, airport, land frontier or customs clearance depot in its district. See the APHA website.
Maritime Coastguard Agency (MCA) (also known as MCGA)
MCA is responsible for enforcement of safety and standards on vessels. They carry out a wide range of functions with the overall aims of preventing loss of life, continuously improving maritime safety and protecting the marine environment. There is a Memorandum of Understanding (MoU) between the MCA, LACORS and Association of Port Health Authorities (APHA) relating to hygiene aboard ships, although this is not directly related to imported food. (More information on the MoU is available from LACORS or APHA). The MCA also have an important role with regard to development of port waste management plans and ensuring adequate facilities for disposal of ship and other port waste, including food waste. This is extremely important in terms of animal health protection, as food waste from ships is a possible vector of animal disease. Such waste must be disposed of by incineration or landfill (subject to specific conditions). See the MCA website.
Medicines and Healthcare Products Regulatory Agency (MHRA)
MHRA is the UK Governmental executive that controls and licences medicines for human use. In simple terms if a product for human consumption is not licensed by the MHRA as a medicine then by default it will generally be classified as a food. See the MHRA website.
SITPRO (formerly 'The Simpler Trade Procedures Board') and Business Link
SITPRO is one of the Non-Departmental Public Bodies for which the Department of Trade and Industry has responsibility. It receives a grant-in-aid from the Department. SITPRO is dedicated to encouraging and helping business trade more effectively and to simplify the international trading process. Its focus is the procedures and documentation associated with international trade. See the SITPRO website.
Business Link is the brand under which the Small Business Service (SBS), an agency of the Department for Business, Enterprise & Regulatory Reform (BERR), provides services to small and medium-sized businesses in England. See the international trade section of the Business Link website, which gives advice to assist traders through the regulations and procedures associated with international trade, including duty and VAT liabilities when importing or exporting food.
