TACKLING REGULATORY CREEP Some observations from food regulation Michael Hunt Food & Drink Federation

Regulatory Creep? Different things to different people. FDF’s concerns fairly well covered by BRTF definition: “The process by which regulation is developed or enforced in a less than transparent way and not in accordance with the Principles of Good Regulation.” Most UK food law from Brussels. Sound principles become victims of politics and targets So welcome implementation of Commission’s Better Regulation Action Plan.

Better Regulation Not so much deregulation as good regulation So “better regulation” is the aim  Clear  Practicable  Enforceable Not just regulations but  Regulatory system and  Activity of regulators

Recommendation 2 Stakeholder involvement on what constitutes compliance Consequence of not providing measurable compliance criteria in technical legislation Example: EU GM legislation Goal: consumer information and choice Flaw: not based on detectability of GM material Result: unenforceable, fraudsters’ charter

Recommendation 4 Purpose and legal status of guidance  Involvement of the regulated and enforcers  Not “enforcing” against guidance  Good examples of best practice guidance: - QUID - allergen labelling

Section 6.4 Adopting a more co-operative approach “Naming and Shaming”  Guidelines “We do not believe that it is appropriate to name and shame in relation to guidelines. There is no right of appeal …. The damage is done”  Surveillance

Section 6.4 Adopting a more co-operative approach  Stakeholder forums – need substance not show  Food safety / consumer information - objective/subjective - evidence base Recommendation 6 Industry/government forums  “Consider at an early stage compliance issues associated with emerging regulatory proposals…”  Govt. response: FIPER anticipated – what will it achieve in practice?

Recommendation 8 Checks & balances in regulators’ founding statutes Food Standards Act (2) “ ….to protect public health from the risks which may arise in connection with the consumption of food … and otherwise to protect the interests of consumers in relation to food.”  Food safety  Diet & health proposals – burden from regulator’s activity

Recommendation 8 Checks & balances in regulators’ founding statutes   Government response: “…need for regulators to assess carefully the impact of any new actions on the overall regulatory burden that they impose.”   Imminent FSA consultation on its approach to regulatory decision-making   Burden from regulator, not just burden of regulation

“Make It Simple Make It Better” Thank you BRTF! Valuable input to review of EU food labelling legislation