Enforcement Concordat and Service levels

Tuesday 20 July 2004

Individuals and companies that are importing food and feed into the United Kingdom are responsible for compliance with the Law. Enforcement officials are primarily there to 'protect the public, the environment and groups such as consumers and workers' (The Enforcement Concordat, Cabinet Office 1998).

Companies and individuals should ensure that they familiarise themselves with requirements of Legislation relevant to their trade or activities.

However it is important that enforcement functions are exercised fairly and that, as far as is practicable, advice and assistance with compliance with relevant legal requirements is available to food and feed importers from the Food Standards Agency and Local Authorities.

The Government's Better Regulation Unit published a Central and Local Government Enforcement Concordat in March 1998. The document lays out general principles to ensure fair and consistent enforcement by Local Authorities in the UK. Please find below a link to the concordat.

Most local authorities, government departments and agencies have signed up to and follow the Enforcement Concordat. If you feel that things have gone wrong please find below a link to the enforcement concordat that identifies ways that you can seek redress. The enforcement concordat leads signatory Authorities to adopt key principles. As such most Authorities have established;

• published complaints procedures
• clear advice and information services
• commitment to proportionate enforcement
• commitment to fair, equitable and consistent enforcement
• enforcement policies
• courteous and helpful service

Enforcement action taken by Local Authorities should be proportionate to the risks posed and to the seriousness of any breach of the law, however in certain circumstances enforcement officials are obliged by legislation to take enforcement action without exception. One example of this is where animal products are discovered and are identified as being illegally imported.

In deciding upon enforcement actions officials will normally take account of a number of variables. The following variables are just examples and those that apply will depend on the particular circumstances of each case and the enforcement policy of the local authority:

• the scale of the breach
• the attitude and actions of the company
• the history of compliance with the law
• level of risk posed by the breach
• direction from legislation and guidance from Central Government

Generally, where an authority is suggesting that enforcement actions are needed, the actions should be clearly explained (in writing if requested by you) including why the action is necessary and when it must be carried out; it should be clear as to what is advisory/best practice advice and what actions are legal requirements.

An opportunity should be there for you to discuss what is required to comply with the law before formal enforcement action is taken, unless urgent action is required e.g. to protect public or animal health, to prevent evidence being destroyed or in the course of an investigation into fraud (or other criminal offences which may lead to prosecution).

Where urgent action is required, a written explanation of the reasons should be provided to you as soon as possible after the event.

A written explanation should be given to you on any rights of appeal against formal enforcement action at the time the action is taken.