Annual Review (2004-2005) of the Operation of the Service Level Agreement between the Food Standards Agency in Scotland and SEERAD

The work was carried out by the Eggs & Poultry Unit (EPU) of SEERAD, under the Eggs (Marketing Standards) Regulations 1995, Statutory Instrument (SI) No 1544 (as amended in 1996, SI No 1725; 1997 SI No 1414; 1998 SI No 1665 and 2000 SSI No 62) for the enforcement of Council Decision 94/371/EC.

Council Decision 94/371/EC, which details public health conditions for eggs intended for human consumption, was introduced following scientific research on Salmonella in eggs. The legislation requires that eggs for human consumption be sold to the consumer within a maximum time period of 21 days from the date they were laid. A further 7 days can be added for the application of a date of minimum durability 'Best Before Date' coupled with consumer advice to refrigerate after purchase.

Council Decision 94/371/EC also requires that eggs be kept dry and out of direct sunshine.

The EPU employ six Officers, - four Marketing Officers and one Higher Marketing Officer who operate under the direction of a Senior Agricultural Officer. During the reporting year SEERAD have recruited an additional Marketing Officer and a replacement Higher Marketing Officer (due to retirement). The provisions of the aforementioned legislation are applied in the course of normal inspection duties at relevant premises visited by the Officers who also enforce the egg marketing standards legislation on behalf of the Scottish Executive.

A yearly review of the enforcement of Council Decision 94/371/EC is carried out by the Agency in Scotland as part of the FSAS commitment to improve consumer protection and confidence in relation to food.

Inspection Levels

5. The SLA outlines, in Schedule B, the minimum inspection level requirement as:

• inspect 50% of cage egg producers per reporting year that have been trading within the period
• inspect 70% of free range and barn egg producers per reporting year that have been trading within the period
• inspect 90% of registered egg packing stations and wholesale establishments per reporting year that have been trading within the period
• inspect premises that were operational but not inspected the previous year

The EPU reported that in the period from 1 April 2004 to 31 March 2005, of the 56 cage egg producers 46 (82.14%) were inspected, whilst of the 183 free range and barn egg producers 154 (84.15%) were inspected. In the same period 322 inspections were carried out at registered egg packing stations. Of the 170 premises, 156 (91.76%) received at least 1 inspection. There were 356 inspections paid to registered wholesalers. Of the 200 premises, 192 (96%) received at least 1 inspection.

Schedule C of the SLA gives a guide to the minimum number of yearly inspections per premises for packers and wholesalers based on normal throughput in 360 egg cases per week:

Figures contained in Schedule C are based on the numbers of registered premises at the beginning of the reporting period.

These tables are a working guide based on throughput as agreed between the EPU and the Department of the Environment Food and Rural Affairs (DEFRA). This guide is used to determine work requirements and identify premises number and type, and allows for flexibility in the exact ratio of visits per site within each size group. Officers aim to inspect 50% of cage egg producers, 70% free range and barn egg producers and 90% of packers and wholesalers in any year with a greater emphasis placed on the sites with greater throughput.

Schedule C is a guide to the minimum required site visits per annum for 2004-2005. The EPU have exceeded both the 50% premises inspection levels for cage egg producers and the 70% premises inspection levels for free range and barn egg producers set out in Schedule C. The 90% premises inspection levels set out in Schedule C for both the egg packing stations, and the registered wholesale establishments have also been exceeded. As regards multiple visits based on volume of throughput the EPU have exceeded the target as set out for egg packing stations, but not achieved the target for wholesale establishments. As stated above Schedule C is a guide and does allow for flexibility according to work commitments.

The EPU have supplied FSAS with the names and addresses of premises not inspected over the 2004-2005 reporting period. There were no premises left uninspected that were operational and not inspected in the previous reporting year, 2003-2004 (see temporary authorisation to trade).

Risk in relation to inspection levels has been assessed by the EPU on the basis of premises with a throughput of 360 egg cases per week coupled with a purpose built computer system that highlights when a contravention has occurred at a premises more than once. This triggers an immediate follow up inspection by the EPU.

The EPU issued 10 notices of contravention during the reporting period. There were no follow on contravention notices issued. This indicates that during this period no contravention had occurred at a premises more than once. The EPU did not issue any warning letters and no contraventions resulted in prosecution during this period.

Schedule A of the SLA specifies that Marketing Officers of the Scottish Executive operate in accordance with the procedures contained within the MO(P) OPERATIONAL GUIDANCE document (attached at Annex B). The guidance outlines that the Marketing Officer record the inspection in their official notebook and on the appropriate computer file.

Form EMR 6 is issued in relation to contravention and a copy is sent to FSAS. If the follow up visit reveals that the Regulations are still being contravened a further EMR 6 is issued, and that is then followed by a warning letter if necessary. The final stage in this process would be legal prosecution. The EPU have installed stock production site and packing station registration and cancellation letters in their computer system, which staff can generate once they have signed off an application/reapplication of premises or when notified of a site ceasing to trade. In addition the EPU record all activities undertaken during inspection on site.

Although egg packing stations are required to register with EPU SEERAD, wholesale establishments are not. EPU Officers are therefore required to seek out premises dealing in eggs that are not currently registered.

The EPU have supplied FSAS with the yearly report of the retail inspections and recorded contacts with Local Authorities for this reporting period. Maintaining contact with Local Authority Consumer Protection staff and maintaining strong links with the trade facilitates the task of seeking out wholesale establishments.

All new registrations require initial inspection. This can be difficult in remote mainland and island locations. In these situations applicants may be given temporary authorisation to trade until an inspection can be made.

The EPU have confirmed that there were 3 premises operating with 'temporary authorisation to trade' at the end of the reporting period 2004-2005, all of which they intend to inspect by September 2005.

EPU Marketing Officers aim to react to all complaints within 48 hours.

No complaints have been received relating to Enforcement of Council Decision 94/371/EC.