The Scottish Government is aware of the concerns of some conservation organisations regarding section 16AA of the Wildlife Management and Muirburn (Scotland) Act 2024, where a grouse shooting licence area is determined solely by the applicant. It is considered that there is the potential for the area to be very tightly defined so that it excludes most of the area where relevant offences might take place.

NatureScot have added a condition to licences so that certain relevant offences committed anywhere on the landholding can be taken into consideration as to whether to revoke or suspend a licence.

We are considering whether any further steps need to be taken to address this issue.

The Scottish Government agrees with the comment made by NatureScot that raptor persecution undertaken in connection with grouse moor management could take place anywhere on a property, not just on the grouse moor itself.

NatureScot introduced a new condition to enable them to revoke or suspend a licence where there is evidence of raptor persecution, connected to the grouse moor but outside of the licensed area. The condition added by NatureScot is an alternative to amending the Wildlife Management and Muirburn (Scotland) Act 2024. However, we will monitor the situation and, if necessary, consider amending the legislation.

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 (FSS) ensures consumers have access to accurate, science-based information on food safety. FSS focusses on digital engagement, stakeholder partnerships, and incident response to maintain public awareness. FSS continues to fulfil its statutory duty to protect public health by prioritising incident response, stakeholder collaboration and targeted digital engagement.

Food Standards Scotland (FSS) has an established Risk Analysis process in place to assess, manage and communicate evidence-based advice on food safety risks. It is a joint process with the Food Standards Agency (FSA) to ensure the UK maintains high standards of food and feed safety.

The aim of the risk analysis process is to provide confidence that FSS and FSA advice delivers public health protection; is informed by science and evidence; considers consumers’ other interests in relation to food; and is independent. The process follows globally recognised frameworks for risk analysis. It is open and transparent and provides for a four nations approach.

When an issue is identified a risk assessment is conducted to estimate the risk to human and/or animal health. This may be done in consultation with external experts from independent Scientific Advisory Committees and Joint Expert Groups. Risk assessments will generally be conducted on a four-nation basis, with capacity for nation-specific risk assessments where required. Risk managers then consider which approaches could be implemented to manage and control the risk. Interested parties are consulted and other factors are considered alongside food safety, such as animal welfare, environment, economic impact, and any nation-specific factors that are relevant. The risk management advice can be used to inform ministerial decisions on changes to legislation, or to provide guidance on issues affecting businesses and consumers.

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.

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

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 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.

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.