Minutes of Scottish Food Enforcement Liaison Committee: 3 October 2008

Present
George Fairgrieve – Lothian and Borders Food Liaison Group (Chair)
Jim Dixon – East of Scotland Food Liaison Group (Honorary Secretary)
Joe Harkin – West of Scotland Food Liaison Group
Andrea Carson – North of Scotland Food Liaison Group
Frank Feechan – Food Safety Sub-Committee (deputising for Craig Brown)
Paul Bradley – Food Standards Sub-Committee Chair
Kate Connolly – Feeding Stuffs Sub-Committee
David Cameron – Scottish Food Advisory Committee
Rod House – Health Protection Scotland
Mary Lawton – Consumer Focus Scotland
Kevin McMunn – Convention of Scottish Local Authorities
Andrew Mackie – Association of Public Analysts Scotland
John Maxwell – Scottish Government Rural Inspections and Payments Directorate (SGRIPD)
Jim Thomson – Food Standards Agency Scotland (FSAS)
Andrew Morrison – FSAS (presenting Item 12 Incident Handling)
Lorna Murray – FSAS
Marion McArthur – FSAS
Catherine Ferro – FSAS(Observer)
Ryan Bruce – FSAS (Secretariat)

Welcome
The Chair welcomed everyone to Aberdeen and informed the Committee of the housekeeping rules. The Chair continued the welcome by introducing John Maxwell from the Scottish Government Rural Inspections and Payments Directorate (SGRIPD) who was now attending SFELC as a full member and Kate Connolly, who is the Chair of the Feeding Stuffs Sub-Committee. Kate Connolly replaces Brian Wilson as the Feeding Stuffs Sub-Committee representative on SFELC.

Apologies
Ryan Bruce advised of apologies received from:

Lydia Wilkie – FSAS
Andrew Jamieson – Royal Environmental Health Institute of Scotland (REHIS)
Lindsey McGregor – LACORS
Tom Reid – Scottish Microbiological Laboratory Group
John Dyson – British Hospitality Association
Flora MacLean – Scottish Food and Drink Federation
Ian Robertson – Society of Chief Officers of Environmental Health in Scotland

The Chair reminded all members that it was courteous to submit timely apologies to Ryan Bruce to assist him with his organisation of the meeting, including the ordering of lunch and refreshments.

Minutes of previous meeting (6 June 2008)
The Chair advised that the draft minutes of the last meeting had been circulated and proposed that the Committee go through the minutes page by page, first for accuracy and then matters arising.

Page 1: No comments
Page 2: No comments
Page 3: M/A - David Cameron asked if there was any update on the SFELC website. Jim Thomson advised that staff changes in the communications team of FSA London had delayed progress and the Committee agreed that the SFELC website would be on the December SFELC Agenda for further discussion. FSAS to update in December.
Action – FSAS – Peter Midgley/Jim Thomson
Page 4: A – Lorna Murray (Lorna Murray) informed of a spelling mistake - Russell Griggs instead of Russell Briggs (noted by Ryan Bruce)
Page 5: No comments
Page 6: No comments

Action points from previous meetings
Ryan Bruce updated on the action points.
28/2008 – This action is now completed

Ryan Bruce asked members to update him when any action points have been completed or progressed.

Jim Dixon advised that the Enforcement Report had been issued to members for comments. Frank Feechan advised that the Food Safety Sub-Committee had submitted comments on the Report. The Committee discussed the comments received and it was agreed that some amendments could be made to the report following the comments submitted by the Food Safety Sub-Committee but the Report was factually correct based on the information sought by SFELC.

Once the Enforcement Report is amended, it was agreed that the following action points would happen:

• Jim Dixon to send a summary of the Enforcement Report to REHIS for the Journal
• Jim Dixon to send a copy of the final agreed Enforcement Report plus previous report to Crown Office, Fiscals’ Service, CoSLA and FSAS

Action – Jim Dixon

The Committee then continued to have a discussion on 'Broadly Compliant' and it was agreed that the Liaison groups should look at 'Broadly Compliant' and feed comments to the Food Safety Sub-Committee.
Action – Liaison Groups/Food Safety Sub-Committee

Frank Feechan requested feedback from the Audit branch (FSAS) on whether their protocols are picking up 'Broadly Compliant' during their audits. It was agreed that FSAS would respond at the next Committee meeting in December.
Action – FSAS - Marion McArthur

Jim Thomson advised that there was a meeting with the Fiscals’ Service earlier this year and following that meeting it was agreed that they would give a presentation to a future SFELC meeting. They also offered to attend a meeting with the Liaison Groups.
Action – FSAS - Ryan Bruce

The group had a discussion on the National Food Policy Scotland being a future item for SFELC. Mary Lawton advised that she had suggested this item and the reason for this was so that SFELC can be strategic as well as looking at this at a very early stage to ensure SFELC are able to respond to consultations. Mary Lawton went on to say that it is important that SFELC are strategic in responding to all consultations for all types of subjects. Jim Thomson suggested either a presentation or verbal update on the National Food Policy Scotland at the December meeting. The Committee agreed. FSAS to organise a presentation or verbal update for the December meeting.
Action – FSAS – Ryan Bruce

The Committee agreed that National Food Policy Scotland should be on SFELC’s agenda as a standing item. Frank Feechan also suggested that the National Food Policy Scotland should be a standing item at sub-committee level.
Action – FSAS – Ryan Bruce
Action – sub-committees

Paul Bradley suggested that the Chairs of the sub-committees, Chair and Secretary of SFELC identify consultations that require a SFELC response. The committee agreed that this was a good idea.
Action – sub-committee Chairs/Chair/Secretary

Jim Thomson asked if the Committee would be interested in a presentation from Health Facilities Scotland. The Committee agreed. Ryan Bruce to arrange for presentation to be given at December meeting.
Action – FSAS – Ryan Bruce

The Committee had a discussion on whether the SFELC meeting in December could be moved due to the Society of Chief Officers of Environmental Health in Scotland (SCOEHS) having a meeting on the same day. The Committee was against moving the date. The Chair advised that he would contact the Secretary of SCOEHS to advise them of SFELC’s meeting dates for 2009 to try and avoid any future clash of dates.
Action – Chair

Jim Thomson asked if there was a desire to hold another workshop in 2009. The Committee was in agreement and it was agreed that it should be opened up to the wider enforcement community. Jim Thomson asked the Committee members to come back to the December meeting with ideas of themes for the workshop and possible format.
Action – all members

The Chair encouraged Committee members to forward any items for the work plan to Ryan Bruce.

Lorna Murray gave a verbal update on Code of Practice.

The Code of Practice is currently out for consultation until 9 January 2009.

Marion McArthur gave a verbal update on the Framework Agreement.

The review of the Framework Agreement has been limited to an updating to take account of changes elsewhere:

• on enforcement policy, to introduce interventions
• the monitoring system - for a more efficient system and to introduce the outcome measure of the proportion of premises which are 'broadly compliant'
• audit arrangements - to make greater use in England of self-audit and peer review

It is the final phase of the CLAE project. As the Framework Agreement is considered to be generally sound, this updating has not attempted a full review of the Framework Agreement.

The draft updating is now complete and the intention is to circulate the complete draft to all LAs across the UK for their views and comments. This will be done via an 'interested parties' letter, and comments will be sought by 19 December 2008. Comments received will then be considered in January, for a final draft update to go to the Framework Agreement sub-group of the Enforcement Liaison Group, at a date in early February. The target commencement is 1 April 2009.

It was felt that SFELC should respond to this consultation and all comments should be forwarded to Ryan Bruce as soon as possible and, thereafter, the Chair will collate a response on behalf of SFELC.
Action – all members
Action – Chair

The Committee agreed that CLAE should be taken off the SFELC agenda as a standing item.
Action – FSAS/Ryan Bruce

Lorna Murray gave a short verbal update on better regulation. Not much progress to report at this meeting but a further update will be given at next meeting.

Marion McArthur gave a verbal update on Audit - the way forward.

Marion advised that the Agency was planning an audit of establishments approved under regulation 853/2004. All 32 local authorities were due to receive a pre visit questionnaire which would ask for detailed information on their approved establishments. From the information received the Agency will select approximately 10 local authorities for audit covering approximately 30 approved establishments.

To help inform the next Food Standards Agency Scotland audit programme the Agency has decided to conduct a focussed audit on this subject area, which will include a reality checks at establishments.

The Committee agreed that this item should be included in the Agenda at either the April or June 2009 meeting.
Action – FSAS – Ryan Bruce

Jim Thomson gave an update on which action points had been completed and suggested that any outstanding action points be completed by December. This will allow for feedback at the December 2008 meeting. Ryan Bruce will include an item on the December meeting agenda with the planning for the 2009 workshop.
Action – FSAS – Ryan Bruce

Andrew Morrison (Andrew Morrison) gave a presentation on incident handling which gave the Committee an insight on how FSAS deals with incidents.

The Chair thought it would be very useful for Andrew Morrison to give this presentation to the liaison groups to give them an overview on how incidents are dealt with in Scotland as well as looking at all the different steps that need to be taken. The Committee thought that this would be very useful. Andrew Morrison agreed to give a presentation to the liaison groups.
Action – FSAS – Andrew Morrison

Food Standards Sub-Committee
Minutes issued

Food Safety Sub-Committee
Minutes issued
The Committee had a discussion on Remedial Action Notices (RANs) and it was decided that the Food Safety Sub-Committee would provide a full package on RANs which would allow SFELC to submit a business case to FSAS. The Food Safety Sub-Committee agreed to take this forward.

Jim Dixon advised that all 32 local authorities are in favour of RANs.
Action – Food Safety Sub-Committee

Feeding Stuffs Sub-Committee
Minutes issued

Primary Production Sub-Committee
No meeting has taken place.

Food Liaison Groups
a) East of Scotland
No comments.

b) Lothian and Borders
No comments.

c) West of Scotland
No Comments

d) North of Scotland
No comments.

FSAS update
This month’s report has been circulated.

Enforcement Liaison Group (ELG)
The next ELG meeting to take place on 20 November 2008. Jim Thomson advised that David Statham, Director of Enforcement, had left the Food Standards Agency and that Sarah Appleby would become the new ELG chair.

National Food Surveillance System
Rod House provided a verbal update.

The Committee agreed that this item should now drop off the agenda as a standing item.
Action – FSAS - Ryan Bruce

Andrew Mackie informed the committee that the Aberdeen Public Analyst Laboratory is currently being reviewed. Andrew Mackie agreed to keep the committee informed of any developments. The Chair summarised the action points from the meeting and advised that a list of the actions would be circulated as soon as possible.

Date and venue of next meeting
The next meeting is Friday 5 December 2008 in Edinburgh at Ramada Jarvis Hotel.