FSA in Scotland
Last updated on 1 March 2013
Enabling provisions for new body: views sought
Parallel to the Scottish Government’s consultation on the scope and powers of the new food body in Scotland, the FSA has issued a 12-week consultation proposing the establishment of three new legal powers for possible inclusion in the New Food Body Bill.
This consultation seeks to gather views from stakeholders about these enabling provisions that are designed to fill possible legislative gaps that have already been identified. It aims to provide a solid foundation for the new body by providing enabling powers that could allow for future legal powers and sanctions.
The three areas the FSA is consulting on are:
- New primary legislation powers to provide a statutory basis for a scheme to enable Scottish Ministers to make, if agreed in the future, any food business operator display the outcome of an official food inspection
- New primary legislative powers to enable Scottish Ministers to create, if required, new enforcement sanctions such as administrative penalties or forms of restorative justice in relation to food/feed law
- New primary legislative powers to enable the detention of any food, where there are reasonable grounds to suspect that it does not meet the requirements of food law in relation to food standards or labelling, similar to those which already exist for foods not complying with food safety legislation
The FSA consultation supplements the Scottish Government consultation, which concentrates on obtaining stakeholders views about the scope and functions of the new body, but also asks for views on any additional powers that stakeholders feel the new body would benefit from.
The FSA consultation letter on enabling provisions for New Food Body can be found at the link below. The Scottish Government consultation on powers of New Food Body can be found at the link on the right.