FSA lays out plans for regulatory change

The changes are intended to create a modern, risk-based approach to regulation, which is more “fit-for-purpose”​ than the current system, explained chair of the FSA board Heather Hancock in a briefing to journalists, including FoodManufacture.co.uk.

The new approach will be more proportionate, robust and resilient, the document called ‘Regulating our future – why food regulation needs to change and how we are going to do it’ claimed.

By the end of 2020, the plan is to have a new sustainable regulatory model in place that is more appropriate for the modern food and drink supply chain world, said Hancock. Regulatory resources within the FSA and local authorities would then be targeted at those food business operations that pose the greatest risks, she added.

The new regulatory approach will be based on five principles (see story box below).

The FSA had been consulting with stakeholders on these proposals, which are expected to be progressively phased in over the next four years, since February 2016, reported Hancock.

‘The four-year plan’​

“We have now settled on the direction we will be going in,”​ said Hancock. “We are still talking about the four-year plan. We are doing this because we think it is the right thing to do and it’s important to be ahead of the game, rather than wait for a crisis to occur.​

“This is definitely about the ‘how’ we deliver assurance, not about the actual regulations – the ‘what’ the regulations are. Clearly, with Brexit there will be lots of questions about where that goes.”​

Phase one, in preparation for and exit from the EU, is expected to be in place by March 2019. It will look at developing the enhanced registration database of UK food businesses. Currently, this information is incomplete and there is currently no central register. Creating such a register would be in advance of the FSA’s ultimate goal of introducing a Permit to Trade for businesses. However, this would require new legislation, Hancock said.

It will also develop a new approach of “segmentation”​ of sectors and businesses, according to the risks they pose. It is designed to recognise businesses that can demonstrate sustained compliance with food safety regulations and reduce the regulatory burden on them.

A criteria for national inspection strategies under the Primary Authority scheme – ​whereby a business with operations across the country would be governed by inspection standards set by one main local authority – ​would also be established in attempt to improve the consistency of inspection across the country.

‘Certified Regulatory Auditors’​

Under phase two, to be delivered post-Brexit, the FSA will be looking to develop standards for regulated private assurance –​ including “earned recognition” – ​and a model for “Certified Regulatory Auditors”​ from the private sector, who would be qualified to meet these standards. This approach would then be rolled out more widely.

“We are committing to what we have heard from people loud and clear across the sector that they want more clarity and certainty on standards,”​ said Hancock. “The FSA will set standards; they will be more specific; they will be less interpretable, which is where a lot of scope for either frustration or duplication of effort comes in.”​

At this stage the “sustainable funding model”​ would be introduced, whereby many food businesses would be faced with paying for regulatory authority inspections for the first time – something which to date only the primary meat sector has faced. However, the costs would be loaded on those presenting the greatest risk and requiring the most interventions, said Hancock.

A mandatory Food Hygiene Rating Scheme would also be introduced in England, similar to that operating already in Wales and Northern Ireland.

Interventions by regulators would be informed by a new surveillance strategy. At the same time, there are plans for introducing a new official control model for meat processing premises.