Chamber and committees

To support food producers to meet labelling regulations, Food Standards Scotland (FSS) has published various forms of guidance and training material which are designed to lay the relevant information out in an easy-to-understand way. This includes guidance on the Food Information Regulation, allergen labelling, food sold prepacked for direct sale and front of pack nutrition labelling along with online allergy training and MenuCal resource.

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.

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.

As part of its competent authority role Food Standards Scotland monitors and enforces regulations in marine waters, slaughterhouses, standalone cutting plants, game handling establishments, feed, and wine business, throughout the length and breadth of Scotland, this includes on the Islands and all rural areas where a business is located.

Food Standards Scotland was established in April 2015 as the public sector food body for Scotland, to protect the health and wellbeing of consumers through three objectives set under the Food (Scotland) Act 2015. FSS has a unique

role in government, working independently of Ministers and industry, to provide advice which is impartial, and based on robust science and data. The Act includes a statutory objective to improve the extent to which members of the public have diets conducive to good health.

Since 2015 FSS have advised government policy regarding dietary improvements as outlined in the following Board papers which are published here: Board meetings | Food Standards Scotland.

A number of the recommendations outlined within the Board papers have been incorporated into Scottish Government policies and action plans including the Diet and Healthy weight delivery and Out of Home action plans. An overview of their public health nutrition strategy is available here: Public Health Nutrition Strategy | Food Standards Scotland which sets out their approach to addressing the statutory objective to improving the diet. It signals a greater focus on measures to influence the food environment supporting healthier and more sustainable options for consumers.

Food Standards Scotland has a statutory duty to improve the extent to which the Scottish population have diets conducive to good health. Their unique position, independent from government, allows them to report and publish evidence to inform policy across a wide range of actions in diet and nutrition.

In 2024 FSS published the Public Health Nutrition strategy which was developed to complement delivery of Scottish Government policy on diet as described in the Healthier Futures Delivery Plan and Out of Home Action Plan. This strategy outlines how improvements to diet in Scotland will be supported, including efforts to reduce levels of overweight and obesity.

Local Authorities check for compliance with allergen law during food law interventions at food businesses. It is not possible for Food Standards Scotland (FSS) to determine the number of breaches. However, 127 allergen incidents have been reported to FSS Incidents team since 1st April 2019. Since 1st April 2019, FSS has issued 455 allergy alerts (26 were drafted and issued by FSS), most of these alerts were drafted and issued by Food Standards Agency but were mirrored by FSS as there was distribution of implicated products to Scotland.

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.

In developing policy and introducing new regulations and guidance, Food Standards Scotland (FSS) places an emphasis on engaging with stakeholders, in particular small businesses. In gathering evidence for policy changes, FSS follows the Scottish Government Business and Regulatory Impact Assessment (BRIA) process which requires proposals to be discussed with a selection of businesses. FSS also provides a variety of resources free of charge on its website including guidance and online training from advice to new business start-ups to technical matters such as providing allergen information to consumers and how to apply for a regulated product authorisation.