Minutes of Enforcement Liaison Group meeting: 7 November 2007

Thursday 7 August 2008

Held in conference rooms A and B, Aviation House, London WC2B 6NH

Present:

Julie Monk (Chair), Food Standards Agency (FSA)
Jeanette Longfield, Sustain
Nick Baker, North Norfolk
David Pickering, Trading Standards Institute (TSI)
Gareth Broughton, Health and Safety Executive (HSE)
Phil Park, Stroud
Alan Richards, Association of Public Analysts (APA)
Phil Dalton, British Retail Consortium (BRC)
Barbara Gallani, BRC
Kirsty Dawes, Association of Port Health Authorities (APHA)
Jenny Morris, Chartered Institute of Environmental Health (CIEH)
Andrew Jamieson, Royal Environmental Health Institute of Scotland (REHIS)
Colin Walker, Which?
David Lock, Local Authorities Coordinators of Regulatory Services (LACORS)
Damien Connelly, Belfast
Stuart Musgrove, Institute of Food Science and Technology (IFST)
Sinead Gordon, FSA
Noel Griffin, FSA
Claire Boville, FSA
John Furzer, FSA
Gerry McCurdy, FSA Northern Ireland
Paula Waldron, FSA
Geoff Deville, FSA
Colin Houston, FSA
Mike Bassett, FSA Wales
Akki Khan, (Secretariat) FSA
Gosia Patyjewicz, FSA

Agenda item 1 - Welcome and introduction

Julie Monk welcomed members of the Enforcement Liaison Group (ELG) to the meeting. Apologies were received from John Mckee (Eastern Group Environmental Health Committee), Susan Knox (Foodaware), Christine Little (Health Protection Agency, HPA), Dr Susanne Surman–Lee (HPA), Danish Chopra (Enterprise Directorate, formerly the Small Business Service) Kevin McMunn (North Ayrshire).

Agenda item 2 - Minutes of the last meeting (Paper ELG 02/004) and matters arising

The minutes of the 8 June 2007 meeting were accepted as an accurate record.

Under matters arising, Colin Houston reported that the working group on the public analysts’ service had met, and was working to develop proposals for pubic consultation.

Agenda item 3 – Nutrition and Health Claims Regulation (NHCR)

Noel Griffin provided the ELG with a presentation on NHCR, European Commission Regulation 1924/2006. Key points were:

• medical claims are banned
• a list of permitted nutritional claims is given
• there is a 15 year transition period for trade marks
• separate rules also apply to food for particular nutritional purposes (PARNUTS) products and to mineral water
• for health claims, a positive list will be developed at European Union (EU) level by European Food Safety Authority (EFSA), where the science for the claim is confirmed by EFSA. This also applies to claims on disease reduction and claims about the development and health of children
• EFSA is to work on the issue of nutrient profiles

In the UK, the necessary regulation is SI 2007/2080, which came into force on 1 October 2007. Following completion of the consultation, revised guidance would be issued later in the year. Presentations to enforcement officers would be made as part of regular update training.

In questions:

• Jeanette Longfield asked about the danger of companies setting up charities whose endorsements might be quoted. This issue was taken away for further consideration.
• Barbara Gallani asked whether one product could carry both health and nutritional claims. This was possible, ‘two stage being the norm in some cases’. However, some claims fell on the borderline between the two, particularly on food supplements, which might be viewed differently in different member states.
• Jeanette Longfield asked about medical claims which were not truly medical. That would be an issue for EFSA in Europe and the Medicines and Healthcare products Regulatory Agency (MHRA) in the UK.
• Phil Dalton asked whether the guidance would cover enforcement. Noel Griffin replied that it was general guidance, not an enforcement document. It would be best for a business to work with its local authorities, and FSA would discuss any matters with LACORS.

Agenda item 4 – Traffic light labelling

Claire Boville provided the ELG with a presentation on front of pack signpost labels – multiple traffic lights. In March 2006 the FSA Board agreed to recommend that voluntary front of pack signpost labelling schemes should be based upon four core principles:

• provision of information for fat, saturated fat, sugars and salt
• red, amber or green colour coding to provide at a glance information on the level (i.e. whether high, medium or low) of individual nutrients in a product
• provision of additional information on the levels of nutrients present in a portion of the product
• use of the nutritional criteria developed by the Agency

The Board did not choose a specific design format, preferring to encourage industry to innovate to develop improved consumer formats tailored for their customers. This might involve providing additional information on Guideline Daily Amounts (GDAs) and/or calories as this might be helpful for some consumers.

At the start of November 2007 the approach had the support of eight retailers, four service providers and 14 manufacturers, applied to over 30,000 products and this number was continuing to grow.

Although it was still early to assess its impact, there were encouraging signs from preliminary sales data that consumers can and do use traffic lights to make healthier choices. FSA research indicated consumers could use the multiple traffic lights to make informed, healthy choices more quickly than they could when using GDA information alone. An independent evaluation of the main front of pack schemes in use on the UK market was now being planned, which would be led by an independent panel with a broad range of members. This should report by the end of 2008.

In questions:

• Jeanette Longfield asked about moves at EU level. The Commission’s proposals on labelling were awaited.
• Colin Walker asked what would follow the evaluation. As all stakeholders we recontributing to the development of this project, the FSA will look to all stakeholders to take account of the results.
• Stuart Musgrove asked if FSA would give advice on ‘per serving’ levels. This is not planned, as it is for industry to respond to consumer questions.
• Andrew Jamieson asked about the promotional campaign. This will continue, through education and communication. A further leaflet was planned, and there is an adopter’s and supporters’ group for collaborative working to promote use and understanding of the Agency’s recommended approach.

Agenda item 5 – Food champions awards

Stuart Grice reported that the brochure had been issued to launch the food champion awards:

• 2008 would be a pilot, with evaluation, to learn lessons
• the aims were to give recognition and to promote good practice
• 2008 would cover England and Wales only
• the two themes were diet and nutrition, and improving food safety
• sustainability was for further consideration
• there could be both national and regional awards
• applications were requested by 17 December 2007

In questions, Jeanette Longfield argued strongly that the evaluation must give greater consideration to sustainable development.

Agenda item 6 – Possible re-title as the ‘Regulation Liaison Group’

It had been suggested last time that the ELG be renamed, in recognition of the focus on better regulation, and that there is more to regulation than just enforcement. The group was asked for its views. Colin Walker said that the protection of public health had to remain paramount. Others noted the new focus on compliance levels, and felt that a change of name would require a change to the terms of reference. In the absence of any agreed view, Julie Monk suggested that the group might discuss the idea at the next meeting, in workshops.

Agenda item 7 – Update on the Changes to Local Authority Enforcement (CLAE)

Paula Waldron reported on the draft Code of Practice, which was out to consultation until 10 December. This proposed the introduction of a range of interventions. Linked to this was development of Best Value Indicator 184, on establishments ‘broadly compliant’, for England only.

In questions:

• Stuart Musgrove noted the risk to resources if requirements were not ‘musts’.
• Gareth Broughton asked if there was a link to primary authority agreements. This was at a very early stage of discussion.
• Phil Park argued that sampling alone could not be sufficient to determine ‘broadly compliant’. It was confirmed that that should be judged on all the available evidence.
• Geoff Deville reported on progress on the monitoring review, which was nearly complete, and the new system would be released early in 2008.

Stuart Grice reported on the review of audit arrangements, where proposals would be issued for consultation shortly. These would be risk based, and propose three levels of audit.

In questions:

• David Lock welcomed the role for self-audit.
• Stuart Musgrove asked for clarity on who would carry out the reality checks.
• Stuart Musgrove also asked if audit would include on-farm checks – the answer was no.
• Geoff Deville reported that the review of the framework agreement would follow in 2008.

Agenda item 8 – Scores on the doors

Paula Waldron reported that, at stakeholders’ request, this issue would now be considered at the March 2008 meeting of the FSA Board. An advisory group, including local authorities, business and consumer representatives, was already at work on the principles and design to be selected for the proposals. Comments made included:

• Jenny Morris was disappointed that the results of the London pilot were not being awaited.
• Phil Park asked if a national scheme would be given any resources.
• Barbara Gallani said that the work needed clear terms of reference, and an evaluation process.
• Nick Baker was concerned that local authorities and other stakeholders should be adequately consulted, prior to the Board meeting.
• Jenny Morris suggested a way forward could be hold a special meeting of the ELG to focus on scores on the doors.
• John Dyson asked if the FSA would support calls for legislation to require display of the Score.

Paula Waldron thanked colleagues, and said that the idea of a special meeting could be considered. But the FSA did not support legislation in this area.

Agenda item 9 – Food Fraud Task Force

John Furzer reported that the report of the task force would go to the March 2008 meeting of the FSA Board, with a draft action plan. There were 16 recommendations, for local authorities as well as for the FSA.

Agenda item10 – Any other business

Suggested agenda items to be discussed at future ELG meetings:

• scores on the doors
• name change of ELG – and the terms of reference
• code of practice – conclusions
• update on Official Food and Food Control (OFFC) – charging
• local Better Regulation Office (LBRO)
• update on the future of public analysts’ service
• origin guidance, food labelling, clear labelling – what is the enforcement requirement for these issues?
• consistency of enforcement

Date of next meeting

It was agreed that the next ELG meeting would take place in approximately six months with an earlier start time of 10.30am. The ELG secretariat would be in touch to assess availability nearer the time.