Guidelines for the development of national voluntary guides to good hygiene practice and the application of HACCP principles

The key proposals are:

• That the guidelines form the agreed process by which national voluntary good practice guides provided for under articles 7 and 8 of Regulation (EC) 852/2004 on the hygiene of foodstuffs are developed and recognised in the UK.
• That UK food business sectors notify the Food Standards Agency (FSA) if they wish to propose the development of such guides within the framework laid down in the guidelines.

Background

Articles 7 and 8 of Regulation (EC) No 852/2004 on the hygiene of foodstuffs provide for the development, assessment and dissemination of national guides to good hygiene practice and the application of HACCP principles. Where such guides exist, food business operators may use them on a voluntary basis as an aid to compliance with their obligations under the hygiene regulations. Guides to good practice have the potential to play an important role in supporting effective application of the new EC hygiene regulations. These regulations are the subject of a separate FSA consultation.

Need for the guidelines

Article 8(1) of Regulation (EC) No 852/2004 states that where national guides to good practice are developed, they should be developed and disseminated by food business sectors as directed in the Regulation. Article 8(2) requires Member States to assess national guides to ensure they conform to specific criteria. As the UK Central Competent Authority, the Food Standards Agency is responsible for assessing UK guides developed in accordance with these requirements. The draft guidelines set out the proposed mechanism and criteria by which the UK will satisfy these obligations.

Specific questions/issues

The guidelines would, in the main, be a continuation of current UK arrangements for the development of guides to good practice in accordance with Council Directive 93/43/EEC on the hygiene of foodstuffs. A number of UK guides have been developed under this Directive in accordance with guidelines put in place by the Department of Health in 1996 and inherited by the FSA in 2000. Directive 93/43/EEC will be repealed from 1 January 2006 and replaced by the new EC hygiene legislation. It is therefore appropriate to update and adapt the guidelines to reflect the changes in the law.

The guidelines describe the process and responsibilities for drafting and consulting on guides to good practice. They also include advice on the scope, content and structure of guides, outline the assessment criteria and the process for obtaining official recognition by the FSA. In addition, the guidelines explain the status that recognised guides will have and offer suggestions for their publication and dissemination.

Your views are sought on whether the guidelines set out an acceptable framework for the development, assessment and recognition of national voluntary guides to good practice

We would welcome your views on whether the advice on the scope, content and structure of guides is adequate and appropriate. If not, we would welcome any proposals for improvement.

Proposals for the development of guides

Article 7 of Regulation (EC) 852/2004 requires Member States to encourage the development of guides to good practice.

Food business sectors are therefore invited to notify the FSA if they wish to propose the development of such guides within the framework laid down in the draft guidelines.

Existing guides to good practice

The EC hygiene Regulations allow industry guides to good practice drawn up under Council Directive 93/43/EEC to remain in place provided they are compatible with the new legal requirements. The FSA is in discussion with the relevant food business sectors regarding the need to review and, where necessary, update these guides.

Assessment of good practice guides

The Agency intends to set up a Good Practice Guides Assessment Panel to help with the assessment of good practice guides. This Panel would replace the existing Industry Guides Advisory Panel. Membership would be drawn from industry, consumers, enforcers and central Government. The Agency will conduct a separate exercise early in 2005 to recruit members to the new Assessment Panel.

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