Select Committee on Agriculture Fourth Special Report

FOURTH SPECIAL REPORT (continued)

The incidence of food poisoning

Processing, distribution, retail and catering

(y)  We are concerned that the admirable principles which are espoused by the Joint Hospitality Industry Congress and other industry associations in relation to food hygiene training are not being implemented in practice throughout all food businesses. The withdrawal of mandatory funding of food hygiene courses by the Further Education Funding Council is a retrograde step. The effective implementation of HACCP depends crucially on well-trained managers and employees in food businesses. The FSA should be encouraged to comment publicly on the adequacy of such training (paragraph 65).

The promotion of HACCP systems, including underpinning activities such as training, will form part of the Agency's remit. Businesses have an obligation under current food hygiene legislation to provide instruction and/or training for all food handlers commensurate with the tasks they undertake. This obligation applies whether or not there is assistance from central Government or its agencies for formal training courses.

(z)  All the authorities involved in food hygiene run public information campaigns, although the impact of these initiatives is questionable. As the ACMSF has noted, recipes using raw eggs are routinely presented in cooking magazines and programmes despite the Chief Medical Officer's warnings about the dangers of raw eggs for vulnerable groups. Public information is one area where we believe that the Food Standards Agency must devote sufficient resources, assessing the problems by opinion surveys and using the information to increase public awareness of food hygiene issues, to inform consumers about changes in best practice and bring about a substantial reduction in food poisoning cases. We welcome moves currently under way to raise the profile of the subject of food hygiene in school curricula (paragraph 68).

The Government agrees that getting its message across to the public and opinion formers will be vital to the Agency's success, and the Agency will therefore be expected to develop a fully integrated communications strategy. It is anticipated that the Agency will wish to employ opinion surveys, as the Committee suggests.

The consumer

(aa)  The Food Standards Agency must have an important role to play in encouraging manufacturers to achieve higher and more uniform standards in domestic kitchen equipment, particularly fridges and microwaves, to assist the public in maintaining the safety of food (paragraph 69).

The Food Standards Agency will need to work with all sectors of the food industry and its suppliers to achieve its objectives.

Traceability and labelling

(bb)  We feel that a radical overhaul of the labelling of food on sale in the UK is long overdue. Food imported into the UK must be subject to the same traceability and labelling requirements as domestically-produced food (paragraph 71).

The Government believes that food should be accurately and honestly described and labelled, regardless of origin, and has called for a review of all EU labelling rules to make them coherent, simpler and more useful to consumers.

The Government has already:

• consulted on changes to UK labelling rules to give more information to consumers on the quantities of the main ingredients in foods;
  • issued detailed guidance about how mechanically recovered meat should be labelled;
  • reviewed the nutrition labelling rules and told the European Commission that, as a matter of priority, nutrition labelling should be made compulsory and the information presented should be easier to understand;
  • ensured that harmonised EU laws requiring genetically modified ingredients to be clearly labelled are practical and meaningful for consumers; and
  • moved quickly to implement controls on beef labelling and on slimming foods.

The traceability of products has already been addressed at EU level through the establishment of a framework which facilitates product recall along the whole of the food chain. There are, however, some exemptions, such as those applying to agricultural products which have not undergone initial processing and certain exemptions relating to the final consumer. A review of these provisions will need to be considered once the current proposals to extend liability for defective products to all primary agricultural products and game have been finalised. They are being supported by the Government as an important consumer protection measure. The changes will encourage food manufacturers and retailers to establish or improve their traceability systems so that, in the event of a defective product, they can readily identify the responsible party.

The Government's White Paper

(cc)  We welcome the leading role to be played by the FSA in developing an integrated preventative strategy for the control of human zoonoses as described in the Government's White Paper (paragraph 82).

The Government welcome the Committee's support.

(dd)  We are satisfied that the arrangement proposed by the Government, whereby the Pesticides Safety Directorate and Veterinary Medicines Directorate remain the lead authorities in approving new products whilst the FSA has an effective veto over both the approvals (PSD) and licensing (VMD) processes, represents an effective and workable compromise preserving the administrative efficiency of the existing systems whilst ensuring high standards of food safety. We would however like to see the FSA assuming complete control of the surveillance schemes for pesticides and veterinary medicines, so that approvals and monitoring processes are carried out by different organisations (paragraph 85).

The Government welcomes the Committee's support for the proposed arrangements for pesticides and veterinary medicines approvals. The Committee's comments on surveillance are addressed under (q) above.

(ee)  We believe that the FSA should establish an emergency unit, to develop contingency plans to deal with food safety hazards, and that the proposed mechanisms for co-ordinating FSA and local authority emergency responses should be clarified as soon as possible and integrated with the food industry's own responsibility to manage food safety emergencies (paragraph 86).

The Government notes the Committee's comments. The Agency will be expected to build on the detailed procedures for dealing with food safety hazards, including the co-ordination of local authorities and other relevant bodies, which already exist. This will continue to require close liaison with the relevant industry producer.

The Government believes, however, that it is in the public interest that the industry should retain its own separate capacity to deal with, and take responsibility for, emergencies that arise from its own products.

Nutrition

(ff)  We favour the inclusion of aspects of nutrition policy within the remit of the FSA, although we are concerned about the lack of clarity within the White Paper about the division of responsibilities between the Agency and the Department of Health. Nutrition is not a second-order issue: poorly-balanced diets cause much greater damage to health than food poisoning, and over the long term the Agency could achieve significantly more in its nutritional activities than in its food safety role.

The Government agrees that the Agency should have an important role with regard to nutrition, providing impartial and accurate advice on a balanced diet. Those aspects of nutrition with wider implications for public health will remain with the Department of Health with whom the Agency will work closely.

Structure

(gg)  While we agree wholeheartedly with the notion of impartial and objective Commissioners, we find it highly unlikely that persons of the calibre required will be found without some 'specific affiliation' - whether it be derived from experience in local government, academic, corporate or other non-Governmental sectors. Indeed, the Commission's utilisation of collective experience gained in these different fields by individual Commissioners should be viewed as a strength rather than a weakness, providing the basis for the informed decisions which must be taken by a truly independent FSA (paragraph 90).

Prospective Commissioners will not be ruled out on the basis of a previous or current affiliation. However, they will not be appointed to represent that affiliation, but rather the public interest. There are too many legitimate interests for every one to be represented directly on a Commission of the manageable size the Government proposes.

We agree that the utilisation of collective experience represents a potential strength for the Commission. This underlies our decision to seek candidates with the kind of relevant background and broadly-based experience that would enable them to discharge their important duties effectively and to secure public confidence.

Financing

(hh)  We are not in favour of the Government's proposed licensing fee as a mechanism for raising revenue for the Agency. It would, in effect, be a regressive tax as food is proportionately a larger item in the budgets of low-income households, and the costs would be passed on to consumers by industry. We believe that licensing should not be the subject of charges and should be selective, not universal. Where there is a recognised scientific need to control the risk of food contamination in particular retail and catering outlets, such as butchers' premises, licensing should be made obligatory, but other outlets should be exempted from this requirement. In our judgement, individual food businesses should only be charged for specific, identifiable activities or services, such as inspections, carried out by the FSA or local authority officers on the public's behalf All other operating costs accruing to the Agency should be borne by the Government, as should the Agency's start-up costs. Food safety is a matter of public responsibility and should, therefore, be publicly-financed. Our approach has significant advantages over the Government's proposals, not least in ensuring tighter overall control of the FSA's expenditure, and more exacting supervision of the public service it offers, consequent on the Treasury's interest in accounting for public finances. There is a danger that any charging regime will discriminate against domestically produced foods and in favour of imports, damaging the competitiveness of the UK industry. Consideration should be given, consistent with EU legislation, to charging importers of food for the actual cost of food safety checks carried out at ports of entry (paragraph 93).

The Government notes the Committee's comments, which will be taken fully into consideration during the forthcoming consultation on the financing of food safety work.

FSA's communication techniques

(ii)  It is essential that the FSA should utilise modern communication and information techniques. It should also survey public opinion regularly to ensure its messages on food hygiene are getting across. Merely relying on low-key public information techniques, however well-informed and well-intentioned, will not be sufficient (paragraph 99).

The Government agrees. It expects the Agency to develop a fully integrated communications strategy, taking account of all relevant techniques.

International comparisons

(jj)  Collecting comparative international data on food safety issues will be an essential component of the Food Standards Agency's work in constructing and furthering best practice in this country (paragraph 100).

International co-operation and benchmarking will be an important part of the Agency's work.

Risk assessment

(kk)  Dr Cunningham told us that the Agency will proceed on the basis of the precautionary principle. If so, we believe it should be explicitly stated in the Agency's guiding principles, which is not the case in the White Paper (paragraph 103).

The Government recognises that where there is scientific uncertainty a precautionary approach is important in safeguarding the health and well being of people, and it will expect the Agency to proceed accordingly. We are considering how best the Guiding Principles should be reflected in the legislation, and note the Committee's comments.

(ll)  One of the first tasks for the Food Standards Agency will be to draw up and publish the risk assessment criteria under which it will operate. We recommend that it consults widely on these criteria before they are adopted. A clear definition of the respective responsibilities of the Government, the food industry and the individual consumer in addressing risk is also required (paragraph 104).

The Government agrees that it will be important for the Agency to develop a clear approach to the assessment and management of risk, building on work already done in Government and internationally and, taking account of the nature and magnitude of different risks. It will also continue to be advised by independent expert committees, all of which include lay or consumer members, on specific areas of risk.

In addition, the Agency's Guiding Principles will commit it to full consultation on its decisions and actions, except where the risk to public health is such that immediate action is required.

Priorities

(mm)  In order to prevent inundating the Agency with enforcement and policy responsibilities at a very early stage, we consider some form of prioritisation of Agency duties to be not only helpful, but essential. The Agency will need to draw up a clear work programme, prioritising its various areas of responsibility, in response to particular public concerns, scientific priorities, risk assessments, and its capacity actually to effect improvements in food safety, standards and nutrition (paragraph 105).

The Government agrees.

Targets

(nn)  Failure to meet targets on the part of the Agency should not necessarily be met by an increase in financial resources available to it. Indeed, we are concerned to make sure that the creation of the Agency does not lead to a large increase in public expenditure, and would on the contrary hope that the Agency would be able to generate efficiency savings in existing programmes over time (paragraph 106).

The White Paper proposed some additional functions for the Agency, and an enhanced role in certain areas. It is therefore likely to require some additional resources at the outset. However, the Agency's Guiding Principles will commit it to aiming for efficiency and economy in delivering an effective operation.

(oo)  Some of the FSA's initial targets must relate to improving the reporting of foodborne pathogen outbreaks and reducing levels of microbiological contamination of foodstuffs. Once the full extent of the national food poisoning problem is known, the FSA can than initiate concerted action, with other Government Departments as appropriate, to monitor and reduce the levels of incidence of human food poisoning across the UK, but it would be wrong to judge the success or failure of the Agency by trends in reported foodborne illnesses, during its first three years. Targets relating to nutrition and health will inevitably be more long-term and imprecise, given the range of other factors, apart from food, affecting public health, the lack of clear causal links between diet and health in many instances, and the policy responsibilities of other bodies apart from the FSA, including the Department of Health itself, in these matters (paragraph 108).

The Government welcomes the Committee's helpful comments, and in particular its recognition that it would be wrong to judge the success or failure of the Agency by trends in reported food-borne illness until reliable figures become available and a concerted action programme can be instituted.

(pp)  The FSA should verify its success in achieving 'soft' targets, such as increasing public awareness of and confidence in food hygiene, through regular surveying and monitoring of public attitudes. Such surveys could also be used to assess the public's opinion of the administration and delivery of the FSA's new food hygiene policies (paragraph 109).

The Government agrees with the need to conduct surveys of public attitude and opinion.

Political accountability

(qq)  We agree with the proposals in the White Paper that the Agency should be accountable to Parliament through the Secretary of State for Health, and that it should "produce an Annual Report, Corporate Plan and Business Plan" and "be subject to an annual accountability review and a more fundamental quinquennial review" (paragraph 112).

The Government agrees that proper accountability mechanisms are essential.

(rr)  We consider Professor James' proposal of joint meetings of existing select committees to take evidence from the Agency on its activities to be more appropriate than the creation of a new Food Select Committee. The Agency would then also be accountable to individual select committees, principally ourselves and the Health Committee (paragraph 112).

The arrangements for scrutiny of the Agency's activities by select committees are a matter for Parliament itself.

(ss)  We recommend that a full day's debate should take place each year on the floor of the House on a motion to take note of the Agency's Report and Accounts, and any related reports by departmental select committees and the Committee of Public Accounts. Taking evidence from the Chairperson of the Commission on his or her appointment is also something which we would wish to consider seriously, in consultation with our colleagues on the Health Committee (paragraph 112).

The scheduling of Parliamentary debates is a matter for the House authorities.

Enforcement and inspection powers

(tt)  We recommend that the Government explore the possibility of the Agency having contracts with local agencies for the delivery of food hygiene enforcement functions. These contracts would include detailed specifications and targets for work to encourage standardisation of enforcement across the country and to ensure that there were adequate resources for the work. They would normally be placed with local authorities, for delivery through their Environmental Health Departments. However, in some instances, the contracts might be placed with other agencies. Whilst the FSA headquarters would be responsible for drawing up and awarding the contracts, it is possible that the monitoring of the contracts would be better done at local or regional level to achieve the level of co-operation and partnership needed to both deliver the service and drive up standards. With this in mind we recommend that at least one member of the FSA's Commission should have extensive knowledge of local authority enforcement of food legislation; and that a specialist division be set up within the FSA's Executive to oversee the contractual process, staffed by personnel with extensive knowledge of local authority food safety functions and procedures. This division should also ensure that the FSA has the capacity, in cases of emergency, to assume direct control over enforcement activities (paragraph 116).

The Government is in discussion with local authorities and other interest groups on how best to achieve the objectives for enforcement set down in the White Paper. The Committee's comments will be taken into account in these discussions.

The Government is already examining means for ensuring that the Agency has sufficient authoritative knowledge and appropriate staff to deal with local authority liaison. This is likely to include the establishment of a specialist unit in the FSA, which would include people with direct experience of the local enforcement of food law.

The dangers of over-regulation

(uu)  We believe the Government, and subsequently the Agency, should give sympathetic consideration to the possibility of introducing derogations from certain legislative requirements for specific types of small producers and retailers offering exemplary levels of food safety, but whose business livelihoods may be threatened by increased administrative costs consequent on greater regulation (paragraph 117).

The Government notes the Committee's comments and recognises the importance of minimising the regulatory burden on small businesses to the extent that it is consistent with public protection, and of following the principles of Better Regulation developed by the Better Regulation Task Force.

It is also important to note that food safety law is largely derived from European legislation. There may not be scope for derogations from this legislation of the nature the Committee envisages.

Leadership

(vv)  Public advertisement of key posts in the Agency is essential, and the Chairperson of the Commission and the Chief Executive must be able to command the confidence of consumers without alienating producers. They will both need to be outstanding communicators. In particular, they will need to demonstrate considerable experience of serving and working for consumers; a rigorous target driven approach to the solution of complex problems; and experience of managing a high-profile national organisation. These "paragons of virtue", in Dr Cunningham's phrase, will also need to carry authority within the scientific community (though they would not need to be scientists themselves). If it is not possible to identify individuals of sufficient calibre, the formal launch of this Agency should be delayed. A poorly-led Agency would be worse than no Agency at all (paragraph 118).

The Government agrees.

Crisis management

(ww)  The Agency must clearly demonstrate that it is more effective at dealing with crises than MAFF has been in the past (paragraph 119).

The Government agrees that the Agency will be judged by its effectiveness in dealing with crises, and that it must have in place the contingency plans necessary to enable it to act effectively and rapidly when the need arises.

Openness

(xx)  The activities of the Agency and its advisory committees must take place in the open sunshine of public scrutiny and accountability. We look to the Agency to reach its decisions by open processes and to develop imaginative ways of ensuring its accountability and openness to the general public at both national and local level (paragraph 120).

The Government agrees. The concept of openness is enshrined in the Agency's Guiding Principles.

Consumer representation and input

(yy)  We recommend that a Consumer's Committee, representative of the broad range of consumer interests, be established to advise the FSA's Executive and Commission on general issues; that a specialist Consumer Commissioner be appointed to the FSA to represent the consumer's interests directly in a similar way to the three Territorial Commissioners representing Northern Irish, Scottish, and Welsh interests; and that local or regional consumer panels, run by local authorities, should be established to provide a consumer viewpoint on local and regional issues relating to food safety and standards. We consider that the FSA should itself finance this consumer role to allow consumer panels to conduct their own research on the effectiveness of the Agency and its staff (paragraph 121).

The Government notes the Committee's comments. We have made it clear that protecting the health of the consumer in relation to food will be the Agency's top priority, and that the Agency's Commission will have a majority of members who are broadly representative of the public interest, rather than individual members with a narrow representational role. We have also already introduced a number of measures designed to enlarge the role of consumers in food safety. For instance, we have already increased consumer representation on the Committees that advise the Government on food-related matters. We expect the Agency to build on the progress already made.

26 June 1998

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Prepared 2 July 1998