Review of the Food Safety (Sampling and Qualifications) Regulations (Northern Ireland) 1991

Who will this consultation be of most interest to?
Food analysts, public analysts, food examiners, food enforcement officers of district councils

What is the subject of this consultation?
To review and update national legislation on the Food Safety (Sampling & Qualification) Regulations (Northern Ireland) 1991. The primary aim will be to ensure that qualifications listed for food/public analysts and food examiners are up to date and to remove/amend obsolete provisions found within the Regulations.

What is the purpose of this consultation?
To seek stakeholder's views on the FSA's proposal to revise the Food Safety (Sampling & Qualification) Regulations (NI) 1991 and bring them up to date. The proposal will include amendments to the food examiner qualifications and sampling provisions and to introduce guidance on procedures to recognise equivalent EU qualifications and training for food/public analysts and food examiners.

This consultation sets out proposals for the review of the Food Safety (Sampling & Qualifications) Regulations (Northern Ireland) 1991 (S&Q Regs).

The FSA recognises that the current Food Safety (Sampling & Qualifications) Regulations (Northern Ireland) 1991 are out of date and contain obsolete provisions, in particular the qualifications and training requirements for food examiners. Similarly, there are aspects of the sampling provisions that require updating. Consideration also needs to be given to ensure that qualification requirements to be a food analyst/examiner are not too restrictive and that analysts with equivalent qualifications can be considered.

The FSA conducted an informal consultation in May 2011 to gather the views of key stakeholders on how to proceed with the review of the S&Q Regs. Responses received from stakeholders, and subsequent discussions with internal and external parties, form the basis of the proposal suggested within this formal consultation.

Key proposal(s):

• to revoke the current Food Safety (Sampling & Qualification) Regulations (Northern Ireland) 1991 and replace them with a new consolidated Statutory Rule
• to update the qualifications for food examiners
• to update the sampling provisions
• to introduce guidance on procedures to recognise equivalent qualifications

This formal consultation follows on from a previous informal consultation. It will be conducted independently by each of the four UK countries. We welcome any comments on this proposal and, in particular, on the key questions set out below. All responses received as part of this consultation will be given careful consideration and will be summarised and published on the FSA's website in due course.

Questions asked in this Consultation:

• The Food Standards Agency would be interested to know in whether or not you agree with the proposed amendments to the Food Safety (Sampling & Qualification) Regulations (Northern Ireland) 1991.
• The Food Standards Agency would be interested in any suggestions you may have for a non-regulatory option that would meet the policy objective. Please provide evidence that supports your views.

Questions asked in the Impact Assessment:

1. The data we have available indicates that laboratories are split into thefollowing size categories: micro businesses (5%), small businesses (91%) and medium businesses (5%) (note that the proportions do not sum to 100% due to rounding). Do you agree/disagree with this assessment? Please provide evidence to support your response.
2. The Food Standards Agency in Northern Ireland has estimated that it will take each Public Analyst (PA) and Food Examiner (FE) employed by a private laboratory 30 minutes to become familiar with the new Regulations. We would welcome your views whether this fully reflects the costs to private laboratories as a result of updating the new legislation. Specifically Is the estimated time spent in familiarisation a reasonable assessment? Are there any other one-off or ongoing costs not considered here? Please provide evidence to support your response.
3. The Food Standards Agency in Northern Ireland has assumed that Public Analysts and Food Examiners working in public labs will be required to familiarise themselves with the new simplified legislation at a time premium of 30 minutes. We would welcome your views on whether this fully reflects the costs to public laboratories as a result of updating the new legislation? Specifically: Is the estimated time spent in familiarisation a reasonable? Are there any other one-off or ongoing costs not considered here? Please provide evidence to support your response.
4. The Food Standards Agency in Northern Ireland has assumed that newly appointed Public Analysts and Food Examiners employed by private laboratories will benefit from reduced familiarisation time associated with the simplified Regulations going forwards. We would welcome your views on whether this fully reflects the benefits to private labs as a result of updating the new legislation. Specifically: Have we estimated the numbers of new entrants each year correctly? Is the estimated time saving reasonable? Are there any other one-off or ongoing benefits not considered here? Please provide evidence to support your response.
5. The Food Standards Agency in Northern Ireland has assumed that newly appointed Public Analysts and Food Examiners employed by the public laboratories will benefit from reduced familiarisation time associated with the simplified Regulation going forwards. We would welcome your views on whether or not this fully reflects the benefits to public laboratories as a result of updating the new legislation? Specifically: Have we estimated the numbers of new entrants each year correctly? Is the estimated time saving reasonable? Are there any other one-off or ongoing benefits not considered here?
6. The Food Standards Agency in Northern Ireland has assumed that district councils will benefit from simplification of the S&Q Regs through reduced familiarisation costs for new entrants (Environmental Health Officers) and from providing guidance on how to appoint a PA with qualifications acquired outside the UK. We would welcome your views on whether this fully reflects the benefits to district councils as a result of updating and providing guidance on the new legislation? Specifically: Are the estimated time savings reasonable? Are there other one-off or ongoing benefits not considered here?
7. The Food Standards Agency in Northern Ireland has assumed there will be not be any significant competition impacts as a result of changes to the legislation. We would welcome your views on this assumption. Please provide evidence to support your response.
8. The Food Standards Agency believes that small and medium enterprises will not be adversely impacted by the changes to the legislation and the introduction of guidance on EU equivalent qualifications. We would welcome your views on this. Please provide evidence to support your response.
9. The Food Standards Agency in Northern Ireland proposes that this legislation is necessary and sustainable and does not compromise any of the three pillars of sustainable development. We welcome your views on this. Please provide evidence to support your response.
10. The Food Standards Agency in Northern Ireland believes that this policy will not have an adverse impact on race, gender or disability. If you agree or disagree with this statement, please provide evidence to support your response.

Responses are required by close Monday 4 June 2012. Please state, in your response, whether you are responding as a private individual or on behalf of an organisation/company (including details of any stakeholders your organisation represents).

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.

In accordance with the FSA principle of openness we shall keep a copy of the completed consultation and responses, to be made available to the public on request. The FSA will publish a summary of responses, which may include personal data, such as your full name. Disclosure of any other personal data would be made only upon request for the full consultation responses. 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.

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 the FSA Consultation Co-ordinator by email: consultationcoordinator@foodstandards.gsi.gov.uk