Food Standards Agency Scotland

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Food Standards Agency Scotland
REHIS trainers seminar 8 February 2006 Peter
Midgley
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Food Hygiene LegislationPresentation Overview

• Europe
• EC Regulations
• EC Guidance
• National
• Food Safety Act 1990 (as amended)
• Food Hygiene (Scotland) Regulations 2006
• Official Feed and Food Controls (Scotland)
  Regulations 2005
• Significant revocations
• Enforcement procedures
• Enforcement approach

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Food Hygiene LegislationEurope

• EC Regulations
• 178/2002 General Food Law
• 852/2004 Hygiene of foodstuffs
• EC Guidance on application
• EC Guidance on HACCP
• 853/2004 Products of animal origin (POAO)
• EC Guidance on application
• 854/2004 Specific Controls
• 882/2004 Official Feed and Food Controls
• 2073/2005 Microbiological Criteria
• 2075/2005 Implementing measures
• 2075/2005 Transitional measures

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Food Hygiene LegislationEurope - What is covered?

• Scope
• food business means any undertaking, whether
  for profit or not and whether public or private,
  carrying out any of the activities related to any
  stage of production, processing and distribution
  of food. (178/2002)
• Operations such as the occasional handling,
  preparation, storage and serving of food by
  private persons at events such as church, school
  or village fairs are not covered by the scope of
  the Regulation. (EC Guidance on 852)
• "Community rules should only apply to
  undertakings, the concept of which implies a
  certain continuity ofactivities and a certain
  degree of organisation". (852 - Recital 9)

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Food Hygiene LegislationEurope - What is covered?

• Exemptions from all requirements
• (852 - Article 1)
• The direct supply, by the producer, of small
  quantities of primary products to the final
  consumer or to local retail establishments
  directly supplying the final consumer
• Domestic preparation, handling of food for
  private domestic consumption

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Food Hygiene LegislationEurope - What is covered?

• Exemptions from POAO requirements
• (853 - Article 1)
• Some small scale on-farm slaughter of poultry
  rabbits and hares sold to consumers or local
  retailers (853 - Article 1)
• small scale hunting of wild game sold to
  consumers or local retailers
• small quantities sold retail to retail which is a
  marginal and restricted part of the business

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Food Hygiene LegislationNational

• Food Safety Act
• The Food Safety Act 1990 (Amendment) Regulations
  2004
• The General Food Regulations 2004
• Food Hygiene (Scotland) Regulations 2005
• Food Hygiene (Scotland) Regulations 2006
• Official Feed and Food Controls (Scotland)
  Regulations 2005

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Food Safety Act 1990

• Changed
• Definition of food (S 1)
• Definition of food business (S 1)
• Definition of food safety requirements (S 8)
• Scope of relevant regulations (affects Notice
  procedures)
• Substantially Unchanged
• Sections 7 9 (Fitness Seizure)
• Sections 10 - 13 (Notices)
• Food Standards provisions

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General Food Regulations 2004

• Creates Offences relating to 178/2002
• Food safety requirements (Article 14)
• Misleading presentation (Article 16)
• Traceability requirements (Article 18)
• Requirement to withdraw unfit food (Article 19)

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Food Hygiene (S) Regulations

• Re-enacted from 1990 Act (with slight
  differences)
• Presumptions (Reg 3)
• Notices (Regs 6-8)
• Fault of another person (Reg 10)
• Due diligence (EC definition) (Reg 11)
• Sampling (Reg 12)
• Power of Entry (Reg 14)
• Obstruction (Reg 15)
• Codes of Practice (Reg 24)

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Food Hygiene (S) Regulations

• Revoked
• The Food Safety (General Food Hygiene)
  Regulations 1995 - INCLUDING BUTCHERS LICENSING
• The Food Safety (Temperature Control) Regulations
  1995 The Food Premises (Registration) Regulations
  1991
• The Ice-Cream (Scotland) Regulations 1948
• Product-specific regulations (Vertical
  Directives)
• The Food Hygiene (Scotland) Regulations 2005
• Re-enacted in the 2006 Regulations
• Temperature Controls (minus gelatine, Sch. 4)
• Prohibition of sale of raw milk to consumers
  (Sch. 6)

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Registration Process (852)

• Statutory grounds
• Requirement to register (852)
• Requirement FSA to set out process
• Requirement for FBO to co-operate
• Restricted by scope not prescribed
  exemption(organisation continuity)
• Simple procedure
• Administrative process
• Form provided in guidance
• 28 days notice set out

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Approval Process (853 Only)
Application
Equipment infrastructure
Satisfactory Progress
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Food Hygiene (S) Regulations

• New provisions
• All premises
• Single HACCP-based framework (852 Article 5)
• HACCP training requirement (852 Annex II)
• Requirements for primary production (852 Annex I)
• Additional grounds for seizure (Reg 27)
• Hygiene Improvement Notices (Reg 6)
• Hygiene EPNs (Reg 8)
• Approved Premises Only
• Uniform approvals mechanism (853)
• Remedial Action Notices (Reg 9)
• Additional grounds and mechanism for detention
  (Reg 9)

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Previous FSMP Requirement

• Five basic steps
• Assess the potential hazards in your operation
• Assess the points where the hazards occur
• Decide which of those points are safety critical
• Implement effective control measures
• Implement effective monitoring procedures

• Review as Necessary
• Training of food handlers in hygiene

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Current FSMP Requirement

• Seven basic steps
• Assess the potential hazards in your operation
• Assess the points where the hazards occur
• Decide which of those points are safety critical
• Implement effective control measures
• Implement effective monitoring procedures

• Make sure the systems are working verification
• Document the procedures and keep records
• More Explicit Corrective Actions

• Review as Necessary
• Training of food handlers in hygiene

• Training of relevant staff in HACCP Principles

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Food Hygiene (S) Regulations
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Enforcement

• Graduated approach but forwards only
• Clear distinction between new regulations and new
  requirements
• Requirement to demonstrate compliance

Article 5.4 Food business operators shall (a)
provide the competent authority with evidence of
their compliance with paragraph 1 in the manner
that the competent authority requires, taking
account of the nature and size of the food
business (b) ensure that any documents
describing the procedures developed in accordance
with this Article are up-to-date at all times
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Food Hygiene (S) Regulations

• New provisions HACCP Training

• 852 Annex II Chapter XII
• ...those responsible for the development and
  maintenance of the procedure referred to in
  Article 5(1) of this Regulation or for the
  operation of relevant guides have received
  adequate training in the application of the HACCP
  principles
• EC Guidance on 852
• Training can be achieved in different ways.
  These include in-house training, the organisation
  of training courses, information campaigns from
  professional organisations or from the competent
  authorities, guides to good practice etc. With
  regard to HACCP training for staff in small
  businesses, it must be kept in mind that such
  training should be proportionate to the size and
  the nature of the business and should relate to
  the way that HACCP is applied in the food
  business.

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Food Hygiene (S) Regulations

• New provisions HACCP Training

• EC Guidance on 852
• If guides to good practice for hygiene and for
  the application of HACCP principles are used,
  training should aim to make staff familiar with
  the content of such guides. If it is admitted
  that in certain food business where food safety
  can be achieved by implementing prerequisite
  requirements, training should be adapted to that
  situation.
• EC Guidance on HACCP
• Appropriate training does not necessarily
  involve participation in training courses.
  Training can also be achieved through information
  campaigns from professional organisations or from
  the competent authorities, guides to good
  practice etc. It must be kept in mind that HACCP
  training of staff in food businesses should be
  proportionate to the size and the nature of the
  business.

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Food Hygiene (S) Regulations

• New provisions Hygiene Notices Key differences

• Hygiene Improvement Notices (Reg 6)
• No Minded to Notice
• Hygiene EPN (Reg 8)
• 5 days to make application for a Emergency
  Prohibition Order

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Food Hygiene (S) Regulations

• New provisions Additional grounds for Seizure
  (Regulation 27)

• Not Produced, processed or distributed in
  accordance with the Hygiene Regulations

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Food Hygiene (S) Regulations

• New provisions Remedial Action Notices (Reg. 9)
  APPROVED PREMISES ONLY
• Grounds
• Breach of regulation OR
• Inspection hampered
• Powers
• To prohibit
• use of equipment
• use of any part of an establishment
• Reduction or cessation of operation
• Notice stands pending appeal

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Food Hygiene (S) Regulations

• New provisions Detention Notice(Reg. 9)
  APPROVED PREMISES ONLY
• Grounds
• To carry out examination or sampling
• Likely to be associated with RAN
• Mechanism
• By Notice under Regulation 9
• Duty to withdraw as soon as satisfied food need
  no longer be detained

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Food Law - Summary of New Requirements

• News duties for businesses
• HACCP with flexibilities
• HACCP training with flexibilities
• Primary production - basic precautions (not
  HACCP)
• Microbiological criteria
• Traceability
• Product recall
• New enforcement provisions
• Hygiene Improvement Notices and EPNs
• Scope for seizure
• Remedial Action Notices
• Detention Notices

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