Rural Affairs, Islands and Natural Environment Committee

Meeting date: Wednesday, December 14, 2022

Official Report 1017KB pdf

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Subordinate Legislation

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The Common Organisation of the Markets in Agricultural Products (Poultrymeat) (Miscellaneous Temporary Amendments) (Scotland) Regulations 2022 (SSI 2022/352)

Good morning, everyone, and welcome to the 34th meeting in 2022 of the Rural Affairs, Islands and Natural Environment Committee. I remind members who are using electronic devices to switch them to silent.

Under our first agenda item, we will take evidence on the Common Organisation of the Markets in Agricultural Products (Poultrymeat) (Miscellaneous Temporary Amendments) (Scotland) Regulations 2022. The instrument is subject to the affirmative procedure.

I welcome to the meeting the Cabinet Secretary for Rural Affairs and Islands, Mairi Gougeon, and her supporting Scottish Government officials: Ramona Branza, who is the head of food and drink industry growth, and Judith Brown, who is a solicitor.

I invite the cabinet secretary to make an opening statement.

I thank the committee for inviting me to speak about the regulations, which allow the marketing of certain poultry meat in defrosted condition for a temporary period between 28 November to 31 December.

Regulation 1308/2013—the single common market organisation, or CMO, regulation—makes provision about poultry meat marketing standards. In particular, it stipulates that

“Poultrymeat and poultrymeat preparations shall be marketed in”

only

“fresh ... frozen”

or

“quick-frozen”

condition, and part 1 of schedule 1 to the Poultrymeat (Scotland) Regulations 2011 states that contravention of that requirement is an offence.

Due to the current threat from avian influenza, some retailers, as well as the larger turkey processors—which, together, account for about 90 per cent of poultry meat production—contacted the Department for Environment, Food and Rural Affairs to request temporary approval for poultry meat to be frozen and then sold as a defrosted product. The United Kingdom and Welsh Governments have indicated that that will be permitted during the period from 28 November to 31 December.

The Scottish Government sought the views of the Scottish industry, and we wish to address the threat of market disturbance to the poultry meat sector by permitting that in Scotland, too. The instrument therefore temporarily amends the single CMO regulation and the Poultrymeat (Scotland) Regulations 2011 to allow certain poultry meat to be marketed as defrosted. In Scotland, that will not only safeguard domestic supply; it will be of assistance to the industry in mitigating potential loss of income due to any large AI outbreak.

It is important to note that the change does not represent a food safety risk. Under the food information to consumers regulation, any defrosted poultry meat must comply with the labelling regulations, which require that

“the name of the food shall be accompanied by the designation ‘defrosted’”

on the label.

Of course, the marketing of poultry meat as defrosted is not mandatory, as poultry meat can still be marketed as fresh, frozen or quick-frozen during the period. However, those in the industry will be given the option to sell defrosted poultry meat if they so wish.

A full public consultation has not taken place due to the urgent need to temporarily amend the legislation. However, we contacted those in the industry to inform them of the proposal, and we invited comments about it. We received one positive comment and no negative comments. We have also liaised with Food Standards Scotland, which has informed enforcement authorities on behalf of the Scottish Government.

I hope that the information that I have provided to the committee is helpful in setting out the rationale for the instrument. I am happy to take any questions that committee members might have.

Thank you, cabinet secretary. I will kick off.

Can you give an indication of what the take-up has been like? Given that the change has been in place since 28 November, do you have any idea of how many birds have been frozen in that way to later be defrosted for supermarket shelves?

I will ask my officials whether we have up-to-date information on that.

We do not have up-to-date information, but we can come back to the committee on that.

That would be helpful.

Cabinet secretary, you have indicated the market scenario that you are seeking to regulate. Are you likely to amend legislation on a more permanent basis in the future?

We are not looking to do that at the moment. We intend the approach to be for only the stated period of time, given the nature of the outbreaks that we have seen.

To put things in context, at this time last year, we had not seen any cases. The circumstances are therefore very particular. We will, of course, potentially consider the matter again in the future, but, given the urgency of the situation and to prevent market disturbance, we have set out the approach for that period of time.

What will happen to the defrosted turkeys that are still on supermarket shelves on 31 December?

They would not be able to be sold past that point. That is what we set out in the regulations. They can be sold only until 31 December.

I understand that that is a bit of a deviation from European Union legislation. What is the thinking in the EU that means that it does not allow meat to be sold as defrosted? I want to get assurance that you have thought through all of that.

Absolutely. Obviously, the regulations will be in place for only a short period of time. Ultimately, we have to make decisions that are in the best interests of the industry and producers in Scotland. That is why we have introduced the regulations. The approach is in line with what is happening across Great Britain at the moment.

As far as I am aware, you are right: the EU is not introducing similar regulations. However, we know that AI impacts not only Scotland and the United Kingdom; it impacts other countries, too. I believe that there were trade reasons why defrosted meat was not permitted to be sold in that way. I do not know whether the officials have any other information on why we have set that out in regulations.

Anecdotally, we know that there was an influx of imported frozen poultry meat that was sold as defrosted. A trade decision that that should not be allowed any more was taken. That is the information that we have.

Okay. Thank you.

Something sprung to mind when you said that the poultry would not be able to be sold beyond 31 December. Who will monitor what will happen to the birds that have been defrosted and cannot be sold? I presume that there will be various options. They could be minced down and put into burgers and sold in that way, or they could be sold as cooked products. What will happen if there is a surplus that has to be dumped? Who will monitor that?

On enforcement, we can see what has happened across the rest of GB. Local authorities have been asked not to enforce the regulations as they are, whereas, in Scotland, we have changed the legislation. We would simply be enforcing in the normal way.

I have a practical question about food safety. What if the consumer does not understand that poultry has been frozen and defrosted? Is Food Standards Scotland taking any extra care to ensure that they do not refreeze it?

We have had discussions with Food Standards Scotland to ensure that no public health risk would be associated with the approach. Generally, the advice would be to follow what is on the label. The labelling element is critically important in making things clear. The advice would be to prepare poultry in line with what is set out on the label.

The commercial freezing and defrosting process is different from what people would do at home, and it is important that people follow the label instructions. Generally, if a product has been defrosted, it would be recommended that it is stored and chilled before it is prepared rather than refrozen.

The advice is to follow the instructions on the label. That is why it is really important to show clearly that the poultry has been defrosted.

I have a couple of final questions. I presume that, if the birds are frozen, supermarkets or retailers can decide when to defrost them, so that they will be able to manage what goes on to the shelves. What is the time limit for the birds to remain frozen before they can be sold as defrosted? Does the legislation stop at some point around Christmas, or can those birds be put on the shelves in February, March or April to be sold as defrosted?

They are being sold only as defrosted. More birds could potentially be frozen—that could be an option—but we have taken the decision and gone ahead with it because retailers cannot stock more frozen products. They are already selling birds as defrosted, if that makes sense.

Do you think that there will be an increase in the number of birds that are frozen and then sold as frozen?

That option is still open. However, we are adding the additional option that they can be sold as defrosted so that there is not an impact on retailers and their ability to store and then sell those products.

Thank you. That is very useful.

Is this the first time that such a policy has been brought in, or are there examples of that having happened in the past?

As far as I am aware, this is the first time that we have introduced the regulations. My officials are nodding. I believe that this is the first time that we have done that. Given the nature of AI and what we have seen this year, the situation is unprecedented; we have never seen an outbreak like it. That is why we have had to introduce the regulations. There are unique circumstances.

Following on from the convener’s questions, I am interested to know the point at which birds are defrosted. Does the producer defrost them and then pass them on to the retailer, or do they remain frozen with the retailer until they defrost them for the shelves?

The producers would not defrost them. Once the turkeys have been processed, it is over to the retailers. It will be at the discretion of the retailers when they see fit for them to be defrosted and commercialised as such.

Would they need to be defrosted for sale prior to the deadline of 31 December?

Absolutely—and that decision will sit with retailers.

If retailers saw that the birds were not selling and that they therefore still had a lot in stock, would there be any option, as the convener suggested, to hold them back in order to put them on to the shelves in the new year, or will they literally have to be signed off as waste?

They could not be commercialised as defrosted. Frozen turkeys will not be able to be commercialised as defrosted after 31 December—that is, from 1 January next year—but they can be kept frozen and sold as frozen. That is still an option.

Will you keep their commercialisation as defrosted under review, or is that a hard cut-off date after which it will not be looked at again?

What do you mean? Do you mean potentially extending that or bringing it forward? Obviously, we would want to see what impact there has been. We will monitor that after 31 December to see how the approach has worked and whether it has had that impact.

Agenda item 2 is formal consideration of the motion to approve the instrument. I invite Ms Gougeon to move motion S6M-06961.

Motion moved,

That the Rural Affairs, Islands and Natural Environment Committee recommends that the Common Organisation of the Markets in Agricultural Products (Poultrymeat) (Miscellaneous Temporary Amendments) (Scotland) Regulations 2022 be approved.—[Mairi Gougeon]

No member wishes to debate the motion.

Motion agreed to.

Is the committee content to delegate authority to me to sign off a report on our deliberations on the affirmative Scottish statutory instrument?

Members indicated agreement.

That completes consideration of the affirmative instrument. I thank the cabinet secretary and her officials for attending the meeting.

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Seed (Equivalence of Countries) (Amendment) (Scotland) Regulations 2022 (SSI 2022/328)

Our next item of business is consideration of the Seed (Equivalence of Countries) (Amendment) (Scotland) Regulations 2022. The instrument is subject to the negative procedure.

Members do not have any comments on the regulations.

We will suspend the meeting for a couple of minutes to allow the next witnesses to take their seats.

09:14 Meeting suspended.  

09:15 On resuming—