1. UWIC Who is minding the Store? 11 th &12 th April 2008 International Perspectives UK & the EU Copyright © Prof Chris Griffith, UWIC 2008 Professor C J Griffith Head of Food Research and Consultancy Unit UWIC - Wales

2. UWIC Responsibility for Food Safety Responsibility for Food Safety Copyright © Prof Chris Griffith, UWIC 2008 Responsibility Consumer Industry Government EU National Local Others FSA, NHS, HPA

3. UWIC Examples of various Types of EU Legislation Type of Law EffectExample(s) Treaties Directly applicable Have direct effect (both vertically and horizontally) give individual rights and are clear Treaty of Rome 1957 Regulations Directly applicable to all member states and automatically become law. Such Regulations cannot be repealed nor amended by member states Regulation (EC) 178/2002 General Food Law Requirements Regulation (EC) 852/853/854 2004 Directives NOT directly applicable Member States, to whom they are addressed, have to pass their own laws to bring Directives into effect and/or implement them. (EC) 89/397 Official Control of Food Stuffs which led to the UK Food Safety Act 1990 (EC) 93/43 Hygiene of Food Stuffs which led to the UK Food Safety (General Food Hygiene) Regulations 1995

4. UWIC Legislation EU EC 852/ 2004 EC 853/ 2004 EC 854/ 2004 UK Food Safety Act 1990 Food Hygiene Regs 2006 Copyright © Prof Chris Griffith, UWIC 2008

5. UWIC “All food businesses, other than primary producers, put in place, implement and maintain a permanent procedure or procedures based on HACCP principles, including documentation and records.” Implementation 1 st January 2006 Currently (July 2007) subject of debate EU Regulation 852/2004 Article 5(1) Copyright © Prof Chris Griffith, UWIC 2007

6. UWIC New Law - Flexibility Important flexibility in text of legislation: –Food business operators shall put in place … procedures based on HACCP principles –The HACCP requirements should take account of the principles contained in the Codex Alimentarius –In some cases good hygienic practices can replace monitoring CCPs –Requirement for documentation and record- keeping to be commensurate to the size and nature of the business –Describes that “critical limits does not imply a numerical limit” - i.e. can be sensory Copyright © Prof Chris Griffith, UWIC 2007

7. UWIC Local Government : Food Authority Enforcement: Vertical & Horizontal Service plans & Enforcement Policy FSA Copyright © Prof Chris Griffith, UWIC 2008

8. UWIC Enforcement: “Compel compliance” Command & Control Self - regulation -1995 Regs - 2006 Regs Combination Variability Copyright © Prof Chris Griffith, UWIC 2008

9. UWIC Enforcement: Inspection Make sure food is safe to eat Identification of contraventions Identify risks in business Descriptions not misleading Inspection regime risk based Copyright © Prof Chris Griffith, UWIC 2008

10. UWIC Food Safety in Catering Establishments: What Do we Know 45% of all businesses inspected in 2000 breached some regulations in some way (UK) 17,000 inspections in food service (Eire) 9,900 establishments had infringements 27% catering significant health risk Part I: B & I Copyright © Prof Chris Griffith, UWIC 2008

11. UWIC FDA Part I: B & I

12. UWIC Inspections and Infringements in Wales 2005 Number of: Establishments40,778 Total Hygiene Inspections30,195 (includes revisits and other visits) Hygiene Inspections16,052 Written Warnings275 Hygiene Improvement Notices406 Formal Cautions38 Prohibition Orders5 Emergency Prohibition Orders10 Voluntary Closures17 Prosecutions46 Convictions28 Part I: B & I Copyright © Prof Chris Griffith, UWIC 2008

13. UWIC South Wales E coli Inquiry :ongoing Outbreak Sept 2005 Copyright © Prof Chris Griffith, UWIC 2008

14. UWIC Copyright © Prof Chris Griffith, UWIC 2007 Hygiene Practices Assessed Relating to: EVIDENCE EXAMINED Witness and other Statements Video and Pictorial Evidence Management Documentation 3.1 Design, organisation, construction and maintenance of premises 3.1.13.1.23.1.3 3.2 Personal hygiene3.2.13.2.23.2.3 3.3 Cleaning3.3.13.3.23.3.3 3.4 Documented management system 3.4.13.4.2.3.4.3 3.5 Food safety organisational culture 3.5.13.5.23.5.3 3.6 Training3.6.13.6.23.6.3 3.7 Handling / preparation practices 3.7.13.7.23.7.3 Audit Approach Used to Assess the Potential for, and management of, cross contamination Audit Approach Used to Assess the Potential for, and management of, cross contamination

15. UWIC Management Culture : Witness Statements Management Culture : Witness Statements Copyright © Prof Chris Griffith, UWIC 2007 “Staff told to mix returned meat with raw” “Told to slice bacon whilst slicing ham” “Staff told not to throw anything away”

16. UWIC Management Culture: Witness Statements Management Culture: Witness Statements Copyright © Prof Chris Griffith, UWIC 2007 “Trim from different meats used to make faggots” “No knowledge of HACCP” “No temperature checks”

17. UWIC Copyright © Prof Chris Griffith, UWIC 2007 Factors Influencing Safety Young / old-- Supplier Management systems poor, culture appalling Raw meat Salmonella E. coli O157 Clostridium perfringens & others Conformed to culture

18. UWIC South Wales E coli prosecution South Wales E coli prosecution Maybe the first case where “food safety culture” was used as a formal component of the investigation and prosecution. Copyright © Prof Chris Griffith, UWIC 2007

19. UWIC South Wales E. coli Inquiry :ongoing Outbreak Sept 2005 Inquiry examining Enforcement Procurement Handling of outbreak Medical Provision Copyright © Prof Chris Griffith, UWIC 2008

20. UWIC Summary Responsibility at all levels :EU—local EU/National Pass legislation + monitor Local enforcement( horizontal ) How good is the match between legislative requirements and reality ? Are current approaches to enforcement appropriate ---role of enforcers ? Copyright © Prof Chris Griffith, UWIC 2008