Enforcement of EU food hygiene legislation on farms in Scotland

New hygiene legislation has for the first time extended basic food hygiene requirements to the primary production sector. Hygiene requirements already apply to milk production holdings and to egg production.

In addition, fishing, aquaculture and wild game production fall within the definition of primary production. They too are subject to hygiene requirements but the enforcement of these activities is not a new requirement and are not therefore covered in this consultation.

From 1 January 2006 EU Hygiene legislation introduced new requirements for the hygiene of facilities and equipment used in connection with primary production and in relation to harvesting and the rearing of animals. The new legislation requires registration and enforcement arrangements to be in place.

The background document, available at the link below, explains the approach we are taking to developing an enforcement regime and how the work will be taken forward. In addition, there is discussion of issues associated with compliance with these legal requirements. Specific issues on which we would welcome your comments are highlighted.

Timing
Subject to the outcome of this consultation exercise and nature of any substantive issues arising from it, the intention is that the arrangements for enforcement activity will be introduced from 1 December 2006. The short period between completion of the consultation exercise and the introduction of the new regime reflects a number of factors:

• implementation is already late against the 1 January 2006 EU deadline
• there has been extensive informal consultation with stakeholders to produce the proposals covered in the consultation exercise
• here is a commitment to review the operation of the new enforcement arrangements after their first year of operation

Enforcement authority
In Scotland, enforcement of the general provisions will be shared between agriculture officers within Scottish Executive Environment and Rural Affairs Department (SEERAD) and local food authorities, in order to utilise expertise already present on farm.

This arrangement is intended to minimise the number of additional inspections and burdens being placed on farmers, promote links between enforcement authorities. This should ensure both an enforcement presence commensurate with the food hygiene risk associated with production, as well as complementing enforcement for Single Farm Payment purposes.

Any enforcement regime must seek to reduce the administrative burden of regulation, by using a risk-based approach to enforcement and, where possible, co-ordinating inspections with other regulators.

The Agency would particularly welcome views from businesses on the policy and administrative costs of the enforcement of the new hygiene requirements.

England, Wales and Northern Ireland
A common approach to enforcement arrangements will apply across the UK. However, differing enforcement bodies have been selected across the UK. This reflects differences in the structure, responsibilities and experience of the enforcement bodies and the extent and structure of the primary production sectors of the four UK countries. Parallel consultation exercises are being undertaken in the other three countries.

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