WHO FOOD LAW COURSE UK experience of implementing EU Food Law

Consumer- household expenditure on food £136bn - 25% of consumer expenditure is on food - estimated 80 million purchases per week Enforcement inspection staff in local auths Meat Hygiene Service staff - over 600,000 food premises Industry- largest consumer market sector - employs 2.5 million people UK CONTEXT

UK EXPERIENCE OF IMPLEMENTING EU FOOD HYGIENE LAW  Situation pre-single market  Commencement of single market 1 January 1993  Harmonisation of food law  Enforcement

Loss of public confidence in Government handling of food safety (BSE, Salmonella, etc.) Perceived conflict of interest in Ministry of Agriculture, Fisheries and Food (consumer vs. industry) ORIGIN OF THE FOOD STANDARDS AGENCY

Set up 1 April 2000 by Act of Parliament Functions taken from Agriculture and Health ministries Staff transferred to a new, independent body 600 staff meat inspectors; annual budget of £150 million ORIGIN OF THE FOOD STANDARDS AGENCY

Purpose To protect the health of people and the interests of consumers in relation to food Long term aim To gain public trust and confidence as an independent watchdog FOOD STANDARDS AGENCY

NEW POWERS Publication of advice to Ministers Powers to enter premises to collect information and/or samples “from farm to fork” Monitoring and audit of local authority enforcement activity

NEW VALUES  to put the consumer first  to be open and accessible  to be an independent voice

PRE-SINGLE MARKET  Range of national UK legislation  Harmonised legislation for Intra-community trade  Differing standards for export/national trade  Cassis de Dijon

SINGLE MARKET SINGLE MARKET  Single Market: “level playing field”  Treaty of Rome: “ An area without internal frontiers in which the free movement of goods, services and capital is assured.”  Resulted in raft of harmonised EU legislation”

IMPLEMENTING EU FOOD LAW Key issues: Key issues:  Full implementation of EU law (Treaty of Rome Art 10)  Clear responsibilities  central government  local government  businesses

EU MOVE TO REGULATIONS: direct application in Member States  European Court of Justice case law  National law must use exact wording therefore negotiation of EU law critical  enforcement responsibilities/penalties are for national legislation  Accession Treaty may allow for flexibility in eg timing of implementation

IMPLEMENTING EU FOOD LAW  Does EU measure fully occupy the field in question?  Directive may allow stricter rules (subject to notification to EU Commission) eg Art 7 of 93/43

IMPLEMENTING EU FOOD LAW  Resources  Training of staff  Consultation with stakeholders  Links with local/regional government

KEY ISSUES: INDUSTRY SELF CONTROL  Good Manufacturing Practice  Guides to Good Hygiene Practice  Research Associations  Consultants  Third Party Audits  Due Diligence

OTHER KEY ISSUES  Training:  Made mandatory through EU Hygiene Legislation  Flexible requirements reflecting EU dimension  Approximately 300,000 food hygiene training certificates awarded annually in UK  Microbological criteria:  EU approach still under discussion  Microbiological criteria specified in some “vertical” EU Hygiene Legislation  Hazard management  Regulation (EC) No 178/2002  RAPEX: Need for prompt effective handling