Board update July 2005

Progress report on possible transition to a robust BSE testing regime
This paper updated the Board on the preparation for a possible transition to BSE testing and asked the Board to agree to amended terms of reference for the independent group advising the Agency on implementation of OTM testing.

It reviewed progress in bringing together the streams of evidence the Board will need to consider when deciding its advice to Ministers on the robustness of the proposed BSE testing system and set out an indicative timescale for the Board's discussion and the steps that would follow.

It proposed that should the transition to BSE testing be made, the independent audit of the testing system, planned to take place during the six months post implementation period, should be reported direct to the FSA Board rather than to the independent group, as previously envisaged.

The Board:

• agreed that the process of preparing for a decision on the possible transition to BSE testing is continuing to move in the right direction
• agreed that a decision would not be taken before all the information is available
• agreed to amended terms of reference for the independent group

This paper asked the Board to agree on the direction of a new consumer engagement strategy for the Agency.

It identified five major strands of the proposed new strategy: Identifying priority groups, Improving current mechanisms, Improving relationships, Maximising the use of research, and Evaluating the impact of the strategy.

The paper focused particularly on the mechanism through which the Board currently receives advice on consumer issues.

The Board also considered advice from the Agency's Consumer Committee on the Consumer engagement strategy.

The Board:

• noted the mechanisms that are used when engaging with consumers and organisations that represent their interests
• identified a need to agree the mechanisms by which independent advice is given to the Board
• expressed a wish to identify creative and ambitious ways of engaging with a wide range of consumer views when determining policy in the future
• agreed to the establishment of a working group of Board members and the Executive to identify consumer engagement options for further consideration
• agreed that the members of the Consumer Committee should be asked if they would be prepared to continue to serve in their current capacity until a decision is made regarding the future structure and mechanisms around consumer engagement

Acting Agency Chair Julia Unwin updated the Board on developments since the previous open meeting. This included a meeting with ministers to discuss the Over Thirty Months rule and a visit to the European Food Safety Authority (EFSA) headquarters.

During the EFSA visit, discussions took place on the handling of chemical contaminant issues such as Sudan I and Para Red; and the establishment of EFSA's Communications Working Group that brings together the communications departments of all major European food authorities to ensure appropriate co-ordination. The issue of food supplements was also discussed, but this was prior to the European Court's recent ruling.

The Acting Chair notified the Board of the need to discuss the proposed consumer and trading standards organisation, a recommendation of the Hampton Review, now that the Government's consultation paper had been published on the Department of Trade and Industry's website.

The Acting Chair also informed the Board that she had met the School Meals Trust (SMT) and offered the Agency's support for its work. The SMT is currently chaired by Suzi Leather – previously Deputy Chair of the FSA.

Julia Unwin informed the Board that the Paper on Food Supplements had been removed from today's Agenda because of the recent European Court of Justice ruling, and that this issue would now be covered in the Chief Executive's report.

Agency Chief Executive Jon Bell updated the Board on developments since the previous Board meeting with regard to an Agency Shopping Basket Survey, food supplements, chemical contaminants and EFSA opinions.

Shopping Basket Survey
The Chief Executive reminded the Board that a 'shopping basket survey' of own-label products from each of the major retailers and branded products had been carried out for the Agency, with the intention of comparing fat, sugar and salt levels across a range of comparable products.

Unfortunately, some errors had occurred in the information published by the Agency. As soon as it was realised that the information was inaccurate the survey had been withdrawn.

The Chief Executive apologised for the errors and set out the principal factors that he considered had led to this situation occurring. He then explained the actions that were being taken to minimise the chances of such an event occurring again:

• As agreed with the Chair, the Agency would publish no further surveys until the necessary steps had been taken to address the issues that had been identified
• The Chief Executive had written to all key staff in the organisation emphasising the need to follow closely the Agency's survey guidelines, which are published on the Agency website
• Arrangements had been made for all those involved in surveys to attend refresher courses on how to conduct surveys. Four courses have been organised for July and these would include the vast majority of Agency staff involved with surveys
• All future survey protocols will set out clearly the aim of the work and the means by which it will be achieved. These will be circulated to relevant stakeholders and published on the Agency website for comment before any survey begins
• On joining the Agency, all new staff will automatically attend a course on surveys
• A working group of staff involved with surveys has been established to review the survey guidelines. Stakeholder input will be invited
• Senior staff will be required to undertake refresher management courses to ensure the effective management of workloads and resources

Board members thanked the Chief Executive for his report and questioned him on various aspects of the detail.

In drawing this item to a close, the Agency Acting Chair said that the Agency was a 'learning organisation', and would learn much from this issue. She also informed the Board that she had apologised to public health ministers in Westminster about the implications of this issue for them.

Food Supplements
Jon Bell brought the Board up-to-date on recent developments with regard to food supplements. The Food Supplements Directive comes into force across the European Union (EU) on 1 August 2005. This had been challenged in the British courts and subsequently referred to the European Court of Justice, which published its judgement on 12 July confirming the validity of the Directive.

The Directive contains a list of vitamins and minerals that can be used throughout the EU. There is provision to add additional products to this list up to 2009.

The Agency has received more than 500 dossiers from the supplements industry providing information on vitamins and minerals sources not currently on the list. This will be passed to EFSA to enable safety assessments to be made.

Products containing these substances will remain on sale in the UK pending a consideration of the EFSA assessment. The Agency will work closely with EFSA on these evaluations, which will also include an examination of the introduction of maximum levels where necessary for safety.

The vast majority of food supplements currently available to UK consumers will be allowed to remain on sale until a decision has been taken whether or not to add them to the positive list ensuring continued consumer choice.

Chemical contaminants issue
The Chief Executive reported that two productive meetings had been held of the Food Incidents Task Force. This was set up to reduce the possibility of future contamination incidents arising such as the presence of illegal sudan dyes in food products, and to improve management of such incidents if they do occur.

The Task Force brings together all relevant UK stakeholders and will produce a set of guidelines applicable to all stakeholders. A small sub-group has been set up to establish what immediate lessons can be learned. An EU Working Group set up to look at methods of analysis of the illegal dyes has been progressing well.

EFSA opinions
Jon Bell updated the Board on several recently published EFSA opinions:

Goat products – EFSA had concluded that the possible risk of BSE in goat meat is very small. This follows a similar finding on goat milk. But surveillance will continue throughout the EU.

Semicarbazide – EFSA considered that further studies have shown that there is only an extremely small risk from this – if there is one at all. Semicarbazide was found in seals of twist-on-twist-off lids before an alternative method was found to create these seals.

Wild v farmed fish – EFSA had concluded that the safety difference between the two groups is negligible.

Report from Meat Hygiene Service Board Chair Chrissie Dunn
MHS Board Chair Chrissie Dunn updated the FSA Board with regard to the MHS Board's Operating procedures and standing orders; the Strategic direction of the MHS; Setting targets and holding the MHS to account, and Governance issues.

Reports to the FSA Board were also given by the Chairs of the Advisory Committees in Scotland, Wales and Northern Ireland.