Chamber and committees

Food Standards Scotland has a range of enforcement actions detailed in food law it can use to address noncompliance. They also have enforcement polices for each sector they regulate promoting advice and best practice with a view to a graduated approach.

Local Authority Environmental Health Departments have powers under the Nutrition and Health Claims (Scotland) Regulations 2007 to enforce the requirements of Regulation 1924/2006 applying to businesses making claims about the nutrition content or health benefit of a particular food.

All information/intelligence relating to food crime is assessed and, where appropriate, is subject to further investigation or referred to relevant enforcement authorities, e.g. local authorities. Since 2018, Food Standards Scotland (FSS) investigators have undertaken forty-seven investigations of varying complexity into alleged food crime, many of which were conducted jointly with local authorities or with the collaboration of other law enforcement agencies (LEA), with FSS having a lead role.

Of these forty-seven investigations:

• 11 identified fraud
• 4 identified culpable and reckless conduct (serious food safety issues)
• 3 identified animal cruelty at FSS approved premises
• 1 identified breaches of hygiene regulations at approved premises
• 7 proved no crime had been committed

(Note: the above listing refers to the principal crime type as in a number of cases there were multiple crime counts, including statutory food safety offences).

As regards the remaining 21 investigations, these identified regulatory food crime or other related matters falling under the principal remit of local authorities or other law enforcement agencies (LEA including international LEA), which were referred for consideration of further action.

Food Standards Scotland (FSS) is a Competent Authority (CA) as defined in food law for the delivery of Official Controls (OCs) for all approved meat and poultry plants. FSS have a daily presence of Official Veterinarians (OVs) and Meat Hygiene Inspectors (MHIs) who operate in these plants to oversee animal health and welfare and protection of public health. They also undertake a series of audits, unannounced inspections, and where required enforcement actions to ensure compliance with food law.

Food Standards Scotland work in partnership with local authorities, other law enforcement agencies, industry and stakeholders at various strategic and tactical fora, including:

• Food Crime Strategic Assessment
• Tactical Tasking Coordinating Group (TTCG)
• Operational Tactical Assessment
• Horizon Scanning
• Engagement with Industry, local authorities and law enforcement partners
• Investigations
• Disruption activity
• Intelligence development and sharing
• Media awareness
• Food Crime Hotline
• Food Crime Risk Profiling Tool
• Inspections and regulatory controls
• Multi Agency Tasking and Delivery Board
• Scottish Multi Agency Strategic Threat Assessment
• Partners Intelligence Forum
• Food Crime Global Alliance
• European Food Fraud Network

FSS collaborates routinely with all Scottish local authorities (LA) to identify and prevent food fraud, which is formalised through various fora, including:

• MOU in relation to the investigation of food crime in Scotland
• FSS acting as intelligence hub for all LA food teams
• authorised LA staff having access to FSS intelligence database
• representation at various LA/FSS liaison groups pertaining to food crime
• use of an FSS QR code to facilitate input of intelligence at source by LA Food officers
• SFELC Food Crime representative attendance at the FSS Food Crime TTCG

During the preparation, evaluation and revision of food law (including any changes to labelling requirements), Food Standards Scotland (FSS) carries out open and transparent public consultation, directly or through representative bodies. FSS does this by reaching out to business using their Stakeholder Management System and social media. FSS also engages with businesses during the development of guidance documents and provides other tools such as online allergy training.

However, whilst FSS has responsibility for the policies surrounding food composition, labelling and hygiene, local authorities are primarily responsible for the enforcement of the relevant legislation at local level. FSS encourages businesses to work with their local authority to improve compliance.

Food Standards Scotland (FSS) is responsible for advising the Scottish Parliament, Scottish Ministers and other stakeholders in relation to food safety and compositional standards matters in Scotland – this includes the provision of food safety advice in areas that were previously regulated at an EU level when the UK was an EU Member State. FSS consults extensively with the Food Standards Agency before advising Ministers of the need to amend or introduce any food safety legislation in Scotland. This is undertaken in line with the provisionally agreed Common Framework for Food Safety and Hygiene.

Food Standards Scotland routinely engages with all sectors of the food industry, providing advice and support to businesses to protect supply chains, including:

• Food Crime Risk Profiling Tool
• Food Crime Prevention Strategy
• in partnership with the Food Industry Intelligence Network and SALSA
• hosting food crime seminars for industry