Minutes of Food Safety Sub Committee: 3 November 2008

Present
Craig Brown – South Lanarkshire Council (Chair)
Craig Smith, West Lothian Council – Lothian and Borders Liaison Group
Catherine Reilly, North Ayrshire Council – West of Scotland Liaison Group
James McLennan, Moray Council – North of Scotland Liaison Group
Frank Feechan, Dundee City Council – East of Scotland Liaison Group
Jim Dixon, Perth and Kinross Council – Scottish Food Enforcement Liaison Committee (SFELC)
Mary Lawton, Consumer Focus

Apologies
Mark Duncan – Head of Quality, Macphee of Glenbervie
Rod House – Health Protection Scotland (HPS)
Andrew Morrison – Food Standards Agency Scotland (FSAS)

Craig Brown advised that Mark Duncan is to stand down from the group. The group expressed their appreciation for the the role Mark had played while a member.

Minutes of previous meeting – 15 September 2008
The minutes were accepted as a true record of the meeting.

Matters arising
EU Review of Article 5
It was agreed to circulate the previously drafted guidance to liaison groups for comment with a request that they describe their preferred enforcement policies for Article 5 (i.e. what enforcement action should be taken when Article 5 failings are discovered).

Scottish food policy
There was consensus that food authorities should get more involved in wider food issues, such as food, health and nutrition.

Mary Lawton advised Consumer Focus Scotland (CFS) has talked to the Scottish Government re Beyond School gate and there has been similar research to their Out to Lunch published in London.

Jim Dixon to raise at SFELC the possibility of setting up a healthy living group.

Frank Feechan said he would circulate a paper his department had proposed for Dundee City Council's contribution to the Scottish Government's food conversation.

SFELC work plan
Frank Feechan who had attended SFELC on behalf of Craig Brown reported that SFELC had adopted a work plan for the forthcoming period and this includes a focus on reducing the number of broadly non-compliant premises in Scotland. He suggested that the Food Safety sub group should take a similar approach and have a work plan which puts a timescale on the various strands currently being discussed in the group and liaison committees. The group then proceeded to discuss the following connected subjects.

Remedial action notices (RANs)
At SFELC's request Craig Brown had drafted a 'business case' for supporting the extension of RANs as an enforcement option for all catering premises. The various benefits of this were discussed including the prospect of resolving 'fails' in a food hygiene information scheme. Liaison groups are requested to provide comments on Craig Brown's paper by the third week in November.

Frank Feechan noted that Primary Authorities (when established) will have the ability to block formal action against a partner company, where the enforcing authorities proposed action is inconsistent with advice previously given to the company by the Primary Authority. However this power will not apply to 'stop' notices and it is important therefore that RANs are defined as stop powers. It was also noted that the new regulatory sanctions includes fixed penalty notices but the FSA as the overall regulator would have to apply for this power to be made available to food authorities.

Enforcement Surveys/Broadly Non-Compliance (BNC)
SFELC had agreed that a survey of all enforcement/advisory approaches used in Scotland would be a useful follow up to the SFELC report on local authorities reporting to the Procurator Fiscal. The aim of the further survey would be to identify a range of best practice in relation to achieving a reduction in the percentage of premises that are broadly non-compliant. On behalf of SFELC, Jim Dixon is seeking information from authorities/liaison groups on current levels of broad compliance.

Craig Brown had previously tabled a draft survey covering other intervention approaches. After a number of amendments this will be circulated for comment on the content before enforcing authorities are asked to complete the survey. Liaison groups/food authorities are requested by the group to give feedback on the survey content before the beginning of December.

The group then discussed whether the broadly non-compliant criteria applies to premises rated A, B and C only and does not include premises within an alternative enforcement strategy. Clarification is required and it was noted that there is an opportunity to define/re-define this in the consultations on the Framework Agreement revision.

It was also noted that the BNC criteria applies also to food standards. Craig Brown/Jim Dixon to enquire through SFELC the approach to this being taken by the Food Standards Sub-Group.

Approved premises/audit/deemed to satisfy
Frank Feechan reported on a discussion at SFELC about the next FSAs audit focus. In the first quarter of 2009 focused audits of approved premises covering a total of 30 premises located across 10 local authorities will be carried out. The Food Safety Sub-Group have been asked to produce a deemed to satisfy standard for approved premises enforcement.

This is to include the approach to be taken in more complex premises and the HACCP auditing techniques to be deployed. Craig Smith agreed to chair a short life working group to fulfil the remit within the previously described audit cycle.

East of Scotland Liaison Group (Frank Feechan)

ESFLG are to consider the Article 5 guidance and the current enforcement practice including what actions are taken when Article 5 deficiencies are identified. They also agreed to propose that any guidance issued by the Food Safety Sub-Group should give prominence to the flexibility on enforcement contained in the 'Sanco' guidance. ESFLG supports the direction taken by the Food Safety Sub-Group in co-ordinating information to assist enforcing authorities in their attempts to reduce the percentage of broadly non-compliant premises.

Council Reports
Fife
Fife is experiencing problems with keeping up-to-date enforcement letters on the web. They are also facing a challenge from a sandwich retailer which is alleging a loss of trade following a recent newspaper article which used information from the council's website about the company.

Fife also reported two interesting but unrelated food poisoning outbreaks. One involved an unusual Salmonella strain found in pâté consumed. The same strain was identified separately in England, in a batch of imported pasteurised egg. The latter product was used in the salmon pâté. In the second outbreak 14/15 cases of campylobacter occurred, the suspected cause being pan-fried chicken liver used in pâté .

Angus
Angus is reporting two premises operated by the same person to the Procurator Fiscal.

Falkirk
Falkirk reported a case of racist abuse of an officer to the police. The person charged was admonished.

Border and Lothian Liaison Group (Craig Smith)
West Lothian has been involved in a national outbreak of a very specific strain of Salmonella enteritidis pt4. The outbreak control team was chaired by HPS. The majority of cases had a link to eating in Chinese restaurants. The West Lothian premises had a link to a number of the cases. The premises were found to be operating to a very high standard. The organism is associated with poultry and eggs, but there were no obvious significant failures that could be identified. Some recommendations were made for further improvements to the systems within the premises, for example ensuring containers for raw egg mixes were identified only for that purpose even though adequate cleaning and disinfection procedures were in place. The food histories of patients were inconclusive as the premises operates a buffet service.

After Craig's report, the group discussed what mechanisms exist to share lessons to be learned from incidents and it was suggested this matter should be considered in the forthcoming Cairns Smith review.

North of Scotland Liaison Group (James McLennan)
LACORS are to be absorbed into the Local Government Association and he understands that the Local Better Regulation Office (LBRO) are to take over some of the LACORS functions.

A recent issue emerged about Grampian Health Board stipulating a regeneration temperature target of 70°C for foods being served at hospital kitchens, but prepared centrally. The group agreed that this would be acceptable if the core temperature had been maintained for at least two minutes.

The liaison Group is collecting information to produce food safety guidelines for doner kebabs. The group said it would look forward to seeing these when they were ready.

Liaison group members attended a very good course given by Campden and Chorleywood on Agricultural Premises design.

West of Scotland Liaison Group (Catherine Reilly)

Catherine Reilly reported two meetings had been held since the last Food Safety sub group meeting.

A Liaison Group member had noted a higher incidence of VTEC E.coli (eight or nine over a short period) and asked whether premises mentioned in food histories are routinely visited, where there is no apparent connection between two or more cases and specific premises. The liaison group concluded that there was no set policy on this and each case would be determined on the specific circumstances.

A discussion on available software packages to support LEAMS was held and it is hoped the matter would be resolved by January 2009.

Catherine Reilly has asked liaison group authorities to provide information on broad compliance levels.

The liaison group noted that game dealer’s licences still apply in Scotland and that the cost of a venison licence varies between authorities.

The best mechanism for updating the rural payment authority on new registrations of dairy farms was discussed and the consensus was to send an annual update on request by RPA.

An EHO from East Dunbartonshire Council is to join the Primary Production sub-group.

FSA report
Craig Brown reported that the wild game guidance was introduced on 1 October 2008.

Mary Lawton and Jim Dixon to attend a post consultation meeting on Scores on the Doors. Mary Lawton stated that consumer research in Scotland showed support for the Scotland version. This research is available on the website.

HPS update
No report available.

Consumer Focus (CF) update (Mary Lawton)
Scores on the Doors
The five-star scheme did not appear in the FSA consultation (although Mary Lawton understands it is now back on the table). Consumer Focus (CF) commissioned consumer research on the FSA consultation – on both the schemes listed i.e. a hybrid three-star scheme and the Scottish FHIS type scheme (Pass/Improvement required). Six focus groups were held throughout Scotland and the results were in favour of the Pass/Improvement Required scheme. The research is on the CF website.

CF report on the use of Scottish Origin Labelling on fresh and frozen meat was published 17 November.

The water cooler report went to the CF Board on 18 November and was approved. Mary Lawton asked if the enforcement community had any reports of illness or major problems with water coolers. Liaison group representative said that they were unaware of any major issues.

National Food Policy
The Cross-Party Group on Food held a meeting on 12 November on Workstream 5 – Food Access Affordability and Security. The next meeting on 19 December will be on Workstream 2 – Food Choices and 25 February will be on the Reputation workstream. The workstreams are based on five key themes for action for developing future policy have been set as:

• supporting the sustainable economic growth of the food and drink industry
• supporting consumers and working with the food and drink industry to support healthier and more environmentally sustainable choices through better food education about the impact on health and environment
• celebrating and enhancing Scotland's reputation as a Land of Food and Drink
• walking the talk – Getting Government to lead the way
• affordability, access and security in relation to food

CF receives concerns from consumers about egg laying flock conditions. Also consumers have concerns about the labelling of free range eggs which may not be free range as commonly understood.

BEUC (the European Consumer Group) are lobbying on the draft regulation on food information to the consumer.

Industry update
No report.

Working group updates
Food CPD group
Frank Feechan reported that a further meeting is scheduled for 8 December 2008 and this will discuss whether final or interim reports should be made.

Fish Hygiene Group (James McLennan)
FSA Northern Ireland wish to link with the Scottish Fish Hygiene Working Group.

The Code of Practice does not permit approved premises to be included in an alternative enforcement strategy.

Details of a uniform system for inspection hygiene charges are to be published by 30 November 2008.

A visit by the Russian Authorities occurred in February and resulted in all but three establishments in Scotland being prohibited from exporting to the Russian Federation. A revisit to the UK will be undertaken from 1 November.

In an attempt to get the ban lifted, the Scottish Government offered industry an audit against the Russian standards. This was undertaken by one of their vets. Businesses who are deemed to meet the Russian standards, have been placed on a list of establishments passed to the Russian Authorities for them to audit. It is hoped that the Russian authorities will then permit the UK to identify and 'authorise' establishments wishing to export fish to Russia, and that they will not need to visit each individual establishment themselves prior to being permitted to export. A memorandum of understanding between the Commission and the Russians is currently being produced, with exactly this aim.

Legislation/Code of Practice issues
Food hygiene regulations and childminders
Craig Brown reported that the FSA is to provide guidance as to whether childminders come within the scope of the regulations.

Craig Brown reported on a meeting he had with the Scotland Out of School Network. They had raised concerns about food authorities attempting to impose a requirement for CookSafe training and implementation of the CookSafe approach. Inconsistencies in sink provision requirements were also raised.

Craig Brown said that he had advised the network that they should raise such issues directly with the food authorities concerned.

Code of Practice (CoP)
Craig Brown said that this will be out for consultation on the guidance revision for feedstuffs primary authority.

The CoP will offer further guidance on specifying contravention and timescales for remedial action.

Current consultations
No reports.

Court cases
Group members reported the following:

• Aberdeen restaurant fined £12,500 for ignoring repeated requirements to clean premises. The food business operator was found guilty in their absence.
• Moray Council – £950 fine against a Moray Hotel for failing to comply with an Improvement Notice and failure to comply with EC852 on cleanliness, repair and maintenance.
• A restaurant in East Renfrewshire was subject to a Voluntary closure due to an insect infestation and hygiene issues and an HEPN was served on a restaurant in Dumfries and Galloway for similar conditions.
• Dumfries and Galloway reported two similar cases to PF but only one case taken.
• Renfrewshire – Voluntary Closure on premises with cockroach infestation.

Correspondence
No items.

Matters for referral to SFELC
RAN business case.

Enforcement survey draft for approval subject to ongoing consultation with liaison groups.

Healthy eating/living initiative. Proposal to set up working group.

Position of Food Standards Sub-Group on broad non-compliance.

Matters for referral to liaison groups
Feedback on Article 5 guidance/enforcement policy.

Provision of information on the percentage of premises that are broadly non-compliant within individual food authority areas. Jim Dixon to co-ordinate request and response.

No items

Date of next meeting
12 January 2009 at Irvine.