WHO FOOD LAW WHO FOOD LAW COURSECOURSE

UK experience of implementing UK experience of implementing EU Food LawEU Food Law

Consumer - household expenditure on food £136bn

- 25% of consumer expenditure is on food

- estimated 80 million purchases per week

Enforcement - 2000 inspection staff in local auths.

- 1600 Meat Hygiene Service staff- over 600,000 food premises

Industry - largest consumer market sector- employs 2.5 million people

UK CONTEXT

UK EXPERIENCE OF IMPLEMENTING EU UK EXPERIENCE OF IMPLEMENTING EU FOOD HYGIENE LAWFOOD HYGIENE LAW

Situation pre-single marketSituation pre-single market Commencement of single market 1 January 1993Commencement of single market 1 January 1993 Harmonisation of food lawHarmonisation of food law EnforcementEnforcement

• Loss of public confidence in Government handling of food safety (BSE, Salmonella, etc.)

• Perceived conflict of interest in Ministry of Agriculture, Fisheries and Food (consumer vs. industry)

ORIGIN OF THE FOOD STANDARDS AGENCY

• Set up 1 April 2000 by Act of Parliament

• Functions taken from Agriculture and Health ministries

• Staff transferred to a new, independent body

• 600 staff + 1600 meat inspectors; annual budget of £150 million

ORIGIN OF THE FOOD STANDARDS AGENCY

Purpose

To protect the health of people and the interests of consumers in relation to food

Long term aim

To gain public trust and confidence as an independent watchdog

FOOD STANDARDS AGENCY

NEW POWERS

• Publication of advice to Ministers

• Powers to enter premises to collect information and/or samples “from farm to fork”

• Monitoring and audit of local authority enforcement activity

NEW VALUES

to to put the consumer firstput the consumer first to be to be open and accessibleopen and accessible to be an to be an independent independent

voicevoice

PRE-SINGLE MARKETPRE-SINGLE MARKET

Range of national UK legislationRange of national UK legislation Harmonised legislation for Intra-community tradeHarmonised legislation for Intra-community trade Differing standards for export/national tradeDiffering standards for export/national trade Cassis de Dijon Cassis de Dijon

SINGLE MARKETSINGLE MARKET

Single Market: “level playing field”Single Market: “level playing field” Treaty of Rome: “ An area without internal Treaty of Rome: “ An area without internal

frontiers in which the free movement of frontiers in which the free movement of goods, services and capital is assured.”goods, services and capital is assured.”

Resulted in raft of harmonised EU legislation”Resulted in raft of harmonised EU legislation”

IMPLEMENTING EU FOOD LAWIMPLEMENTING EU FOOD LAW

Key issues:Key issues:

Full implementation of EU law (Treaty of Rome Full implementation of EU law (Treaty of Rome Art 10)Art 10)

Clear responsibilitiesClear responsibilities central governmentcentral government local governmentlocal government businessesbusinesses

EU MOVE TO REGULATIONS:EU MOVE TO REGULATIONS:direct application in Member Statesdirect application in Member States European Court of Justice case lawEuropean Court of Justice case law National law must use exact wording National law must use exact wording

therefore negotiation of EU law criticaltherefore negotiation of EU law critical enforcement responsibilities/penalties are enforcement responsibilities/penalties are

for national legislationfor national legislation Accession Treaty may allow for flexibility in Accession Treaty may allow for flexibility in

eg timing of implementationeg timing of implementation

IMPLEMENTING EU FOOD IMPLEMENTING EU FOOD LAWLAW

Does EU measure fully occupy the field in Does EU measure fully occupy the field in question?question?

Directive may allow stricter rules (subject Directive may allow stricter rules (subject to notification to EU Commission) eg Art 7 to notification to EU Commission) eg Art 7 of 93/43 of 93/43

IMPLEMENTING EU FOOD LAWIMPLEMENTING EU FOOD LAW

ResourcesResources Training of staffTraining of staff Consultation with stakeholdersConsultation with stakeholders Links with local/regional government Links with local/regional government

KEY ISSUES: INDUSTRY SELF CONTROLKEY ISSUES: INDUSTRY SELF CONTROL

Good Manufacturing PracticeGood Manufacturing Practice Guides to Good Hygiene PracticeGuides to Good Hygiene Practice Research AssociationsResearch Associations ConsultantsConsultants Third Party AuditsThird Party Audits Due DiligenceDue Diligence

OTHER KEY ISSUESOTHER KEY ISSUES

TrainingTraining:: Made mandatory through EU Hygiene LegislationMade mandatory through EU Hygiene Legislation Flexible requirements reflecting EU dimensionFlexible requirements reflecting EU dimension Approximately 300,000 food hygiene training certificates Approximately 300,000 food hygiene training certificates

awarded annually in UKawarded annually in UK Microbological criteriaMicrobological criteria::

EU approach still under discussionEU approach still under discussion Microbiological criteria specified in some “vertical” EU Hygiene Microbiological criteria specified in some “vertical” EU Hygiene

LegislationLegislation Hazard managementHazard management

Regulation (EC) No 178/2002Regulation (EC) No 178/2002 RAPEX: Need for prompt effective handlingRAPEX: Need for prompt effective handling