Preliminarily Proposals for the Review of the Food Safety (Sampling & Qualifications) Regulations 1990
The Agency is in the process of reviewing and updating the Food Safety (Sampling & Qualifications) Regulations 1990 (FS(S&Q) Regs) and at this stage I am informally seeking your views on proposed options.
The primary aim of this review is to ensure that the qualifications listed for food/public analysts and food examiners are up to date and to remove/amend obsolete provisions found within the Regulations. Unless there is a demonstrable requirement from recipients of this informal letter I do not envisage any major changes to the sampling provisions of the FS(S&Q) Regs. Proposed options to amend the FS (S&Q) Regs have been listed below and I am informally seeking your views on these options. Your initial views on these options will help determine how the Agency will proceed with the review and formal public consultation which we intend to launch in July/Aug 2011. This review and subsequent consultation will be conducted independently by each of the 4 UK countries; similar letters have been issued by the devolved nations.
Please note the scope of this initial exercise is strictly limited to updating the FS(S&Q) Regs and removing obsolete provisions. It will not be addressing issues relating to the wider delivery of official controls. However, as agreed by the FSA Board at its meeting in January 2011, the Agency will shortly conduct an extensive review on the delivery of official controls on food and feed, covering wider aspects detailed in Regulation (EC) 882/20042. Stakeholders will be given the opportunity to contribute to that review. The Agency cannot yet confirm the consultation timetable but will be updating to the FSA Board on 12 July 2011 on its progress.
Background
The FS(S&Q) Regs were made in 1990 in England, Scotland and Wales (SI 1990 No. 2463) and in 1991 in Northern Ireland (SR 1991 No. 198). They support the Food Safety Act 1990 which prescribes that authorised officers of local authorities should submit samples for chemical analysis to public analysts or for microbiological analysis to food examiners whose requisite qualifications are laid down in Regulations made by the Secretary of State.
Why are the Regulations being amended?
The FS(S&Q) Regs are being revised to remove information that is obsolete and to bring them up to date; principally with regards to qualification requirements. For example, it is recognised that certain aspects of the food examiner qualifications and training are out of date and will need to be amended within the revision of the FS(S&Q) Regs. At this stage there are no immediate proposals to change the requirements for qualifying as a food/public analyst nor is there any intention to amend the sampling provisions of the Regulations. However, if there is convincing evidence to amend these provisions then I would welcome your views.
There are some concerns with respect to other European qualifications and training that may be considered as equivalent which are not addressed in the current Regulations. In order to reduce restrictions on workers’ rights to freedom of movement, consideration needs to be given to this issue. Your views on this would be welcomed.
Options
The review of the Food Safety (Sampling & Qualifications) Regulations 1990 must take into account the Government’s Reducing Regulation Agenda. This is to ensure that any changes to the regulations do not introduce any new burdens and any existing burdens are either removed or minimised.
The Agency has been considering the following options.
- Option 1 - Do Nothing
This option requires that we maintain the status quo and continue to use the existing FS(S&Q) Regulations as they stand.
Consequences – Under this option no further work will be required. As there will be no change to the Regulations, there will be no additional burdens on the private or public sector. However, the current legislation governing the food examiners’ qualifications will not be brought up to date and obsolete information will not be removed/amended, which could result in the Regulations being inadequate for the purpose. Also EU equivalent qualifications are not addressed which could be seen to impede EU workers’ right to freedom of movement.
- Option 2 – Revise the FS(S&Q) Regulations and amend Food Examiner qualifications only
This option involves updating information that is obsolete within the FS(S&Q) Regs as well as amending the food examiner qualification (Schedule 2). Aspects of the Health Protection Agency’s guidance3 on the requirements for food examiners will be considered in this update. The current food/public analyst qualification will be maintained.
Consequences – The Regulations will be simplified and brought up to date thus enabling them to be easily followed by the private and public sector. Updating the food examiner qualifications will ensure that they are fit for purpose. Any additional burdens on the private or public sector should be minimal. As with option 1 the issue of EU equivalent qualifications is not addressed.
- Option 3 – As option 2 but includes an additional provision on equivalent EU qualifications and training for food/public analyst and food examiner
This option is similar to option 2 but introduces an additional provision within the amended Regulations to consider the equivalence of EU qualifications and training, as recognised by the Agency. In conjunction with the amendment of the Regulations, the Agency will develop a guidance document (consulting with stakeholders), covering the recognition of equivalent EU qualifications. These equivalent qualifications will be restricted to enforcement work carried out under the Food Safety Act 1990 and any relevant secondary legislation.
Consequences – Similar to option 2 however with this option the equivalent EU qualifications are addressed thus avoiding possible restrictions on workers right to freedom of movement. These qualifications will only be effective for work done under the Food Safety Act 1990 and any relevant secondary legislation. They will not be used for work done under other primary legislation where public analysts or food examiners are cited or referenced. Any additional burdens on the private or public sector should be minimal.
- Option 4 – Revoke provisions of the FS(S&Q) Regs which refer to qualifications and replace them with a guidance document or code of practice (CoP)
This option involves revoking provisions of the Regulations relating to qualification requirements and replacing them with a guidance document or a Code of Practice (CoP) which all concerned parties agree to. The document would encompass the suitability of qualifications and bodies who can award them.
Consequences – This non-regulatory approach is in line with the Government’s Reducing Regulation Agenda and there should be minimal impact on business. There is a risk that a non-statutory option could lead to inadequately qualified analysts doing official control work. This goes against Regulation (EC) 882/2004 where Member States are required to ensure that there are adequate numbers of suitably qualified staff to carry out official control work.
References
Your comments are welcomed
I welcome your comments on any of the above options, or others that should be considered. If you have a preferred option please let the Agency know as your informal responses will help to determine how we proceed with the formal consultation which we plan to launch in July/August 2011.
Please send in your written responses by 24th June 2011 to Mrs Bhavna Parmar at the Food Standards Agency. If, however, you wish to discuss your responses prior to submitting them we will be more than happy to do this. All responses should be sent to: bhavna.parmar@foodstandards.gsi.gov.uk (Tel: 0207 276 8307)
Yours sincerely
Derrick Jones
Head of Analysis & Research Division
Aviation House
125 Kingsway
London WC2B 6NH
Tel: 020 7276 8000
E-mail: helpline@foodstandards.gsi.gov.uk
