Environment, Food and Rural Affairs CommitteeSupplementary written evidence submitted by the Local Government Association
Further to our recent evidence session at the EFRA Select Committee on the contamination of beef products, please find attached the additional information that was requested by the Committee members.
Councils take their role in supporting food businesses to fulfil their legal duties seriously and the LGA are pleased that we could represent these local services during your discussions.
Councils provide invaluable support and advice that helps the many responsible businesses understand complex food law and ultimately we are prepared to step in where they believe these legal responsibilities are not being met, however, it is critical to remember that it is the responsibility of each and every food business to comply with their legal obligations to ensure the food they supply is safe and contains what it says on the label.
While councils provide crucial support to food businesses, we must also be clear that increasing consumer pressure for low food prices is not an excuse for breaking the law by lying to consumers about what they eat.
The Committee members expressed a specific interest in the impact of cuts to food services. It is perhaps worth reiterating that councils will have to manage up to a 33% budget reduction over the current CSR period. All councils, including regulatory services, have sought to minimise the impact of cuts on residents and businesses, by exploring new approaches to service delivery such as shared services, collaboration and improved targeting of resources.
How many prosecutions have taken place nationally in relation to horsemeat?
The LGA do not collate information on enforcement activity or prosecutions taken by individual council services. The annual data returns submitted by councils across the UK to the Food Standards Agency (FSA) do include high level information about the number and type of prosecutions taken. However, the time taken to undertake a thorough investigation and follow due legal processes means that it is extremely unlikely that the recent issues relating to horsemeat will have had the necessary time to reach the point of formal prosecution.
When did the FSA communicate with councils about the horsemeat issue?
The FSA use a national email list to Head of Service to notify councils of new guidance or emerging issues. The FSA used this approach to write to councils about horsemeat on 8th February 2013. A copy of this letter, and subsequent communications, can be found on their website at http://www.food.gov.uk/enforcement/enforcework/centralref/
A very small number of councils will have received direct communication from the FSA ahead of this date as a result of ongoing investigations or planned sampling activity.
What levels of horsemeat contamination are deemed acceptable in law?
Food labelling law does not specify the levels of DNA contamination that would be acceptable. In the case of horsemeat adulteration there are no established levels above which deliberate adulteration is agreed, however, a DNA test can detect relatively low levels that result from cross contamination rather than adulteration.
If undeclared DNA were to be found in a product then it would be necessary to work with the business, and potentially other businesses, to establish whether DNA contamination was as a result of cross contamination and poor hygiene practices or an attempt to deliberately defraud consumers by mislabelling. Any action taken by a local authority would need to consider the unique circumstances of the case concerned, compliance history, advice from the public analyst, case law and the principles embedded in the Regulators Compliance Code.
Provide clarification on the funding arrangements for sampling, including a breakdown of costs for those councils that have been involved in additional sampling.
The resource to physically take all food samples is funded by each council. However, food standards samples are sent to public analysts for the tests to be carried out. This testing is normally paid for by the council. Councils need to specify and pay for each test required, rather than a single cost for one product. Tests for food standards range from different DNA tests for each species, allergens, checks against labelling and contaminants.
The FSA do provide some grant support each year for the analysis of samples, which is allocated for project work on national priorities and emerging local issues. This has risen from £900 000 available in 2011
The 28 councils asked by the FSA to take samples for horsemeat DNA as part of the current incident have had the costs of analysis funded by the FSA and a contribution made to resource costs. The FSA will have a full break down of these costs.
If other councils have made the decision to sampling for horsemeat DNA because of local concerns then this will have been funded by the councils concerned.
The tests on microbiological samples are carried out by the Health Protection Agency. Councils receive credits for this to be carried out and do not have to pay for the tests.
March 2013