Review of Regulatory Framework (England)

In December 2006, the FSA published its Framework for Regulatory Decision Making, which can be found in Annexe B at the link below. The framework document states that the FSA would review the framework and the FSAs performance against the framework two years after adoption.

The FSA will be trying to gauge both awareness of the Regulatory Framework document, especially among FSA policy makers, and stakeholders’ perception of the FSA’s performance against the framework. The assessment will come from your answers to the questions in this consultation and staff responses to similar questions to be asked by a contractor on our behalf. The FSA will also review other already available relevant data.

Key proposal(s):

• gauge awareness of the Regulatory Framework, especially among FSA policy makers
• collate stakeholders’ views of how the FSA performs as a regulator
• revise the framework document and reissue for a four-week public consultation
• republish the revised document in early 2010.

The FSA will appoint a contractor to carry out research with FSA policy makers during summer and then to collate existing relevant data on stakeholders’ perceptions of the FSA as a regulator. Once responses to both this consultation and the stakeholder research have been analysed and taken into account, a revised version of the Regulatory Framework will be issued for a second public consultation, planned to run for four weeks in late autumn 2009. A draft revised version will be put to the FSA Board and a final revised version will then be published in early 2010.

The key questions are:

1. To what extent would you say that the FSA’s regulatory interventions:

• 1.1 are evidence-based, proportionate, and risk-based?
• 1.2 use the market, where appropriate, to achieve change?
• 1.3 focus on practical and deliverable solutions?
• 1.4 minimise regulatory and administrative burdens where this does not compromise outcomes?
• 1.5 drive improvement and reward good performance, while seeking firm action against those who persistently fail to meet acceptable standards, or negligently expose the consumer to serious risk?
• 1.6 take account of ethical issues surrounding food?

2. To what extent would you say that as a regulator the FSA:

• 2.1 supports voluntary approaches, using the market to achieve change, provided they deliver proportionate consumer protection and are consistent with the requirements of EU law?
• 2.2 expects businesses to act responsibly, and encourages and recognises those that do so?
• 2.3 seeks to work collaboratively with responsible businesses, and/or their representative organisations, to protect consumers?
• 2.4 works with enforcement bodies to help responsible businesses comply and to penalise those that are wilfully and repeatedly noncompliant, or seriously negligent with respect to consumer safety?
• 2.5 works with other regulators to minimise the burdens on businesses, for example through joint inspection regimes and data sharing, where this does not jeopardise regulatory outcomes?

3. Particularly aimed at consumers: do you think regulations on food should focus primarily on:

• making sure food is safe?
• healthy eating for all?
• making sure food information is comprehensive and easy to understand?
• setting food compositional quality standards?
• making it as simple as possible for businesses to comply and so perhaps keeping down prices and keeping a wide range of products?

For Questions one and two, it would be most helpful if you could give examples to demonstrate your views. For Question three, please indicate what priority (high, medium or low) you personally attach to each aspect of the FSA’s work described in the list. A questionnaire listing the questions can be found at Annexe C via the link below.

Responses are required by close 9 October 2009. Please state, in your response, whether you are responding as a private individual or on behalf of an organisation/company (including details of any stakeholders your organisation represents).

This consultation has been prepared in accordance with the HM Government Code of Practice on Consultation, which states that a consultation must follow better regulation best practice, including carrying out an Impact Assessment (Regulatory Impact Assessment in Scotland). The assessment is included in the consultation documents.

We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process. If you would like to assist us to improve the quality of future consultations, please feel free to share your thoughts with us by using the consultation feedback questionnaire.

Consultation feedback questionnaire (Word)

Consultation feedback questionnaire (pdf)

In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. The FSA will publish a summary of responses, which may include personal data, such as your full name. Disclosure of any other personal data would be made only upon request for the full consultation responses. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.

Data protection form (Word)

Data protection form (pdf)

Within three months of a consultation ending we aim to publish a summary of responses received and provide a link to it from this page.

If, after three months, the summary is still not showing, please contact the person who was responsible for the original consultation. Alternatively, you can contact the FSA Consultation Co-ordinator by email: consultationcoordinator@foodstandards.gsi.gov.uk