Chamber and committees

FSS collects and monitors Local Authority sampling data and commissions its own national food sampling programmes, which provide assurance on the safety and standards of food sold in Scotland. These include targeted sampling programmes informed by FSS horizon scanning activities, Horizon Scanning | Food Standards Scotland and commodity specific surveys to generate data on the prevalence and levels of contaminants in different foods for the safety assessments that are used to underpin the FSS Risk analysis | Food Standards Scotland. The sampling programmes data is published in FSS’ Our Food Our Food 2023: An annual review of food standards across the UK | Food Standards Scotland; the annual report on food standards in the UK, which is produced jointly with the Food Standards Agency, and DEFRA’s biennial UK Food Security Report 2024 published - GOV.UK. Further information on FSS’s Food Surveillance System can be found on the FSS website: Food surveillance system | Food Standards Scotland.

FSS have a primary responsibility to monitor the performance of, and promote best practice by, enforcement authorities enforcing food legislation in Scotland.

The overarching aim is to provide assurance that the delivery of official controls for food and feed is compliant with Scottish and UK legal requirements and official guidance.

The audit programme is risk-based, and all reports are published: https://www.foodstandards.gov.scot/business-and-industry/safety-and-regulation/audit-and-monitoring.

FSS routinely develops guidance to help support businesses and enforcement authorities with implementation and compliance. An extensive suite of guidance is provided on the FSS website in relation to new food business requirements as well as more technical aspects of food law. A recent example is guidance for food businesses on new legislative requirements on labelling of food sold prepacked for direct sale: Prepacked for direct sale allergen labelling | Food Standards Scotland | Food Standards Scotland.

FSS recommended legislation to restrict promotions in advice to Scottish Government in 2016.

More specifically, the role of FSS is to provide evidence and advice to Scottish Government (SG) to inform Government decisions on improving Scottish dietary intake.

FSS also support the Healthy Living Programme managed by the Scottish Grocers Federation which facilitates Scottish independent retailers increase healthy options promoted to consumers. Their role within this has included development of the technical nutrition criteria underpinning the programme and advising on the external evaluation that took place in 2023. There are numerous FSS publications that make the case for change and which retailers have access to. The FSS Board agreed its Public Health Nutrition Strategy in March 2023 02_-_Board_Meeting_-_2023_March_22_-_FSS_Public_Health_Nutrition_Strategy_-_230302.pdf clearly articulates their views on the need to change the food environment.

Food Standards Scotland (FSS) performs a national lead role in the investigation of counterfeit alcohol products. This is particularly the case when there are concerns over food safety and the contents present a danger to public health. FSS work in partnership with local authorities, other law enforcement agencies, public health, industry and stakeholders, with representation at various strategic and tactical fora to raise public awareness on known risks, coordinate efforts to remove the product from the market and report those found responsible. FSS is a member of the Scottish Multi-agency Tasking and Delivery Board (MATDB), which is a tactical collaboration between Police Scotland and law enforcement partners to address serious and organised crime. FSS has received full support from the MATDB in leading the investigation into the production, distribution and supply of counterfeit vodka nationally.

The following table represents the total budget allocated to FSS for each financial year since 2015.

Cases of alleged food fraud reported to Crown Office and Procurator Fiscal Service (COPFS) by FSS:

2019: 1

2020: 1

2021: 1

Food Standards Scotland have undertaken three types of inspections as detailed in the following table and only hold information from 2021 onwards.

I refer the member to the answer to question S6W-34203 on 27 February 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

As Scottish Government functions have increased and matured, the volume and complexity of outsourced work has also evolved. This work is procured and we are now utilising the third iteration of a framework providing Legal Services to the Scottish Government and the wider public sector. The figures provided in the table set out how much the Scottish Government has spent through those frameworks and the breakdown of costs to each legal firm. We do not centrally gather information on the department spend as there is no business requirement to do. We have interpreted the question as legal costs incurred for outsourced legal work.