Future arrangements to secure food standards and safety in Scotland

Chapter 5 - The Food Standards Agency

25. Introduction

25.1 When the FSA was established in the aftermath of the BSE crisis, confidence of the British public in food safety was at an all-time low. Following the James Report^[16] the Government recognised the need for a body that would restore the public's confidence and end "the climate of confusion and suspicion about the way that food safety and standards issues have been handled"^[17].

25.2 The FSA was established by Act of Parliament, the Food Standards Act (1999),^[18] on 1 April 2000. The Act gives the FSA a wide remit, and it operates at arms' length from Ministers. As set out in the Act, the FSA has responsibility for protecting public health from risks that may arise in connection with the consumption of food, and otherwise to protect the interests of consumers in all matters connected with food. This includes wide-ranging responsibilities in the area of animal feed.

25.3 The independent Dean Review of the FSA, commissioned to assess its effectiveness in delivering its objectives and core values to coincide with its fifth birthday in 2005, found that "[the FSA] was of an organisation that has done well in taking forward the experiences of the previous regime and had begun to build its own reputation" and that "for the majority of stakeholders, its accomplishments have far outweighed the occasions on which its stance has attracted criticism. ^[19]"

25.4 In its most recent update of its Strategic Plan the FSA highlighted the changes to its role in England and the impact that this has on its role in representing the UK and the devolved administrations on nutrition and labelling and standards issues more widely. The FSA's UK-wide Strategic Plan for 2010-2015 was published in December 2009, and following further consultation with stakeholders, was refreshed and re-published as in March 2011 as the Strategy to 2015. The Strategy sets out the main programmes of action the FSA will undertake to improve food safety across the UK, and in Scotland and Northern Ireland, the nutritional balance of people's diets. The Strategy also covers the priority areas for food standards and food labelling where the FSA still leads in Scotland, Northern Ireland and Wales. The Strategy pursues six outcomes, namely that:

• Food produced or sold in the UK is safe to eat
• Imported food is safe to eat
• Consumers have the information and understanding to make informed choices about where and what they eat
• Food producers and caterers give priority to consumer interests in relation to food
• Regulation is effective, risk-based and proportionate, is clear about the responsibilities of food business operators, and protects consumers and their interests from fraud and other risks
• Enforcement is efficient, consistent, risk based and proportionate and is focussed on improving public health

25.5 In addition the FSA will continue to represent the UK Government on food safety and standards issues in the EU. The FSA works in close collaboration with the European Commission, the Council of the EU, Standing Committees, the European Parliament and the European Food Safety Authority. It also works internationally, representing the UK Government on international bodies for example on the Codex Alimentarius Commission with the World Health Organization (WHO) and the Food and Agriculture Organization of the United Nations (FAO) where it seeks the views of the devolved administrations. However, with the move of nutrition and labelling into DH and Defra it is the UK Government that now leads on negotiations on these issues for UK and the devolved administrations.

26. Governance of the FSA

26.1 The Food Standards Agency is an independent UK wide non-Ministerial Government department with responsibility for protecting public health and the interests of consumers in relation to food. The FSA is governed by a Board^[20], appointed by Ministers to act collectively in the public interest, and is accountable to the UK Parliament and to the devolved governments through Health Ministers or their equivalents.

26.2 The Board consists of a Chair, Deputy Chair and between 8 and 12 additional members and meets in public. The Chair and Deputy Chair of the Board are appointed by all four administrations across the UK, acting jointly. Membership of the FSA Board includes two members who are appointed by the Scottish Ministers, following consultation with the other administrations. The Board is responsible for the FSA's overall strategic direction within the framework of the Food Standards Act 1999. This includes ensuring that the Agency's legal obligations are fulfilled, and that decisions and actions take proper account of scientific advice as well as the interests of consumers and other stakeholders.

26.3 The Board is the policy making body and all policy discussions are held in open, public session. The Board operates on a UK basis with meetings held around the UK and thus takes a UK wide view, ensuring that policy takes account of the situation in all four of the UK countries. Scotland, Wales and Northern Ireland have statutory Food Advisory Committees that are tasked with considering policies from the perspective of each devolved country. Their views are fed into the Board discussion. The FSA Board advice will then be communicated to Ministers across all 4 UK countries.

26.4 The day to day operations of the Agency are managed by its Chief Executive and its staff are civil servants. Feed and food safety and standards are devolved matters in the UK, so in addition to its headquarters in London and its operational centre in York, the FSA has offices in Scotland, Wales and Northern Ireland. Each of these offices is headed by a Director accountable to the FSA's Chief Executive.

26.5 The FSA is responsible for seven public bodies, all of them advisory committees^[21]. Additionally, up to October 2010 the Agency shared responsibility for three public bodies with DH and one with Defra.

27. Role of the FSA

27.1 The FSA has a very wide range of functions and responsibilities many of which are detailed in legislation. The roles can fall into 8 main categories which are:

• Policy making including the drafting of legislation and the provision of advice
• Food Law enforcement in specific areas
• Audit of the official controls carried out by local authorities and official controls delivered in approved meat premises.
• International negotiation in the EU and other international bodies on behalf of the UK.
• Science involves obtaining independent expert advice through the science advisory committees
• Evidence through funding of research
• Communications and publicity
• Boards and committees

27.2 Within each of the above categories the FSA has a range of functions and responsibilities covering many technical areas such as:

• food hygiene/microbiological safety of meat, milk, eggs, shellfish and general matters
• chemical food safety related to contaminants
• food contact materials
• radiological food safety
• food incidents
• and other areas in relation to nutrition and labelling in Scotland and northern Ireland.

28. FSA Scotland

28.1 The Food Standards Agency in Scotland operates within the FSA UK-wide framework. This allows for consistency of approach while also allowing for specific Scottish circumstances to be fully taken into account in the implementation of policy in Scotland. Food safety and standards are devolved matters and legislation relevant to Scotland is determined by the Scottish Parliament. The FSA in Scotland provides advice to Scottish Ministers, and is accountable to the Scottish Parliament through Health Ministers.

28.2 The Director in Scotland is responsible for the delivery of the FSA Strategic objectives and priorities in Scotland and has a range of business delivery objectives in respect of protecting consumer interests in relation to food and feed safety and standards and nutrition and healthy eating. The Director also has corporate and capability objectives detailing his responsibilities relating to the role in the overall strategic leadership of the FSA, as a member of the Executive Management Board, and to ensure that the FSA in Scotland is governed effectively and efficiently.

28.3 The staff of the FSA are civil servants, and all staff working in the FSA in Scotland office are currently employed by the FSA. FSA in Scotland currently has a staff complement of 73 full time equivalents^[22].

28.4 Food Standards Agency in Scotland handles issues in Scotland involving^[23]:

• Food standards, nutrition and diet
• General food hygiene, fish, shellfish and milk hygiene
• Hygiene controls on meat and meat products
• Regulation of animal feeding stuffs
• Novel foods, radiological safety and emergencies

28.5 The work of the FSA in Scotland is captured within the Scotland Group plan and demonstrates the link between the FSA strategic objectives, and the more detailed work captured in branch plans in Scotland. The FSA in Scotland has a responsibility to undertake work that enables the FSA to deliver the full range of FSA strategy and therefore actively contributes to all of the strategic outcomes. The progress of the FSA in Scotland Group Plan is monitored and reported quarterly to the Chief Executive and contributes to the quarterly updates on delivery of the Strategy to the FSA Board.

28.6 The statutory Scottish Food Advisory Committee (SFAC)^[24] was set up to give advice to the FSA on food safety and standards issues affecting Scotland. It has the power to publish its advice. Equivalent arrangements are in place in Wales and Northern Ireland

28.7 The Chair, Deputy Chair and nine members of SFAC were selected for their breadth of expertise, their experience and their practical knowledge. This, combined with their wide range of backgrounds, aims to ensure that a broad range of perspectives are taken into account, ensuring the production of thorough and well-considered advice on the future direction of food issues in Scotland

28.8 The Food Standards Agency in Scotland receives its funding from the Scottish Government through the Health and Wellbeing portfolio.

28.9 The FSA in Scotland's budget for 2011/12 is allocated internally within FSA as follows:

Staff Costs	£2,650,000
Administrative Costs (inc. Depreciation)	£1,800,000
Programme Costs	£6,400,000
Capital	£50,000
TOTAL	£10,900,000

28.10 The office in Aberdeen relies on Head Office for support for IT, Human Resource and communications though it does have limited capacity to deliver aspects of that. It also relies on head office for wider support on areas requiring specific expertise such as economics.