WHO FOOD LAW COURSE UK EXPERIENCE OF FOOD LAW DEVELOPMENT AND ENFORCEMENT

MAKING EFFECTIVE FOOD LAW  Use international standards where possible: based on Codex  Base requirements on best available scientific risk assessment  Consider National issues for any departures from international standards (WTO/SPS)  Consult all stakeholders

IMPLEMENTING FOOD LAW  Role of regulatory impact assessment  Role of expert advisory committees  Use secondary legislation to allow for rapid updating of requirements  Develop guidelines on interpretation for food industry, enforcers and consumers

ENFORCING FOOD LAW  Establish responsibilities of central/local authorities  Ensure provision of adequate financial resources  Establish enforcement standards agreed with industry, consumers and enforcing authorities

ENFORCING FOOD LAW  Qualifications of inspectors  Powers of inspectors  Duties of inspectors

ENFORCEMENT OF EU FOOD LAW Powers of Inspectors: Powers of Inspectors:  Powers of entry  Improvement notices  Prohibition/closure powers  Prosecutions  Seizure/destruction of unfit food  Publication of enforcement action

ENFORCING EU FOOD LAW Issues: Issues:  Frequency of inspection  guidance to inspectors  Definition of inspection  Enforcement action  formal action  advice guidance

ENFORCING FOOD LAW  Provision of analytical laboratories  Qualifications of analysts  Laboratory methods  Laboratory accreditation

ENFORCING FOOD LAW  Measuring effectiveness: outcomes  Strategic planning  surveillance

UK CONTROL OF IMPORTED FOOD Food Safety Act 1990 Food must not be: - rendered injurious to health - unfit for human consumption - unfit for human consumption - so contaminated that it is not reasonable - so contaminated that it is not reasonable to expect it to be eaten in that state to expect it to be eaten in that state

UK IMPORTED FOOD REGULATIONS 1997 Prohibit importation of food which: -fails to comply with ‘food safety requirements’ -fails to comply with ‘food safety requirements’ - is unsound or unwholesome - is unsound or unwholesome Food may be detained at port for not more than six days while sample results awaited

EU importation of products of animal origin  Food Standards Agency is ‘competent authority’ for verifying compliance with relevant EU Directives  each consignment to be accompanied by numbered original health certificate  products to be from approved establishments.  Products to be marked with country of origin

UK CONTROL OF IMPORTED FOOD PRODUCTS  ‘all reasonable precautions’  ‘exercise all due diligence’  link to HACCP/Quality Assurance systems FOOD SAFETY ACT 1990 Defence of due diligence

UK CONTROL OF IMPORTED FOOD The Products of Animal Origin (Import and Export) Regs POAO’s can only be imported at Border Inspection Posts (‘BIPs’) - approx. 50 ‘BIPs’ in UK - importers must notify imports to BIP - BIPs regularly inspected by EU inspectors - free movement of goods throughout EU once imported and documented by BIP

UK CONTROL OF IMPORTED FOOD PRODUCTS  Imported food to be of same standard as domestically produced.  Limitations of ‘end product’ sampling at Ports as a means of ensuring food safety.  HACCP approach best means of ensuring food safety.  Role of official inspection services in implementing HACCP.  Reliance on approval of establishments and certification by competent authorities in country of origin.  Role of UK retail companies in supplier auditing.  ‘Due diligence’ SUMMARY