The Legal Framework

Legislative Framework

Legislation on food is directed from Europe and there are EC Regulations dealing with both general and specific areas. In the UK the enabling legislation is the Food Safety Act 1990 and the European Communities Act 1972. From these Acts there are Regulations dealing with hygiene, compositional standards, labelling, temperature, specific foods etc.

In support of these Regulations there is a Statutory Food Law Code of Practice and Practice Guidance specifically for Scotland and also UK Industry Guides to assist enforcers to apply the law in a consistent manner. Whilst the legislation is EC wide there is a distinctive approach to enforcement in Scotland as opposed to England. (The most notable example being the ban since 1982 of the sale of raw milk in Scotland).

“‹Interested Organisations

Food legislation is principally enforced through Scottish Local Authorities (LA) and is delegated to Directors/Heads of Environmental Health to manage local service delivery arrangements. The training and education of Environmental Health Officers (EHOs) and Food Safety Officers (FSOs) working in food law enforcement is the responsibility of the Royal Environmental Health Institute of Scotland (REHIS), the professional body which governs Environmental Health practice in Scotland. REHIS is a registered Scottish charity independent of government whose aim is to protect and improve public health in Scotland through education, training and qualifications in Environmental Health.

The Scottish Food Enforcement Liaison Committee (SFELC) was formed in 2002 in order to ensure, as far as practicable, a consistent approach to enforcement and to co-ordinate sampling and surveillance. The Committee closely liaises with Food Standards Scotland (FSS) and consumer organisations to achieve this goal.

Local Authority Enforcement

In Scotland and Northern Ireland unlike England and Wales, there is a unitary approach to food law enforcement, delivered via unitary councils. This reflects the fact that the Environmental Health function in Scotland has responsibility for enforcing all food legislation including food safety, food standards and dairy hygiene.

This unitary approach, together with close liaison with Food Standards Scotland, encourages an efficient service which promotes consistency. The enforcement of food safety legislation within the red meat sector at abattoirs and cutting plants is the responsibility of Food Standards Scotland. Local Authorities remain the enforcing body for food information legislation in these businesses.

Environmental Health Officers and Food Safety Officers

Within Scottish Local Authority Environmental Health services, EHOs, supported by FSOs, enforce food legislation and offer advice and support to businesses seeking compliance with the standards being applied. Both EHOs and FSOs have to satisfy the academic and professional standard set by Royal Environmental Health Institute of Scotland (REHIS) and the Scottish Food Safety Officers Registration Board (SFSORB) respectively, to ensure only qualified and competent officers are allowed to practise.

Co-ordination

As there are 32 councils in Scotland, there is a need to ensure that there is a consistent approach applied in different parts of the country. This is achieved through Food Standards Scotland Policy and Guidance, SFELC Guidance and Food Standards Scotland Food Law Code of Practice (Scotland) and Practice Guidance. The Food Law Code of Practice (Scotland) recognises SFELC's role as co-ordinating body for Scotland and advises Food Authorities to seek the Committee's advice on interpretation of the law and technical issues relating to food.

Quality and Consistency

Scottish Local Authority Environmental Health services strive to ensure that the quality and consistency of their food enforcement functionis maintained to a high standard. This is achieved through the adoption of Food Standards Scotland policy and guidance, SFELC guidance, performance indicators, best value, benchmarking, service reviews, etc.