Minutes of Food Safety Sub Committee: 6 September 2010

Present
Craig Brown(Chair) – South Lanarkshire Council/SFELC
Frank Feechan – Dundee City Council/East of Scotland Food Liaison Group
Craig Smith – West Lothian Council/Lothian and Borders Food Liaison Group
James McLennan – Moray Council/North of Scotland Liaison Group
Neil Leitch – Food Standards Agency

1. Apologies
Apologies were received from:
Mary Lawton – (Consumer Focus Scotland)
Billy Hamilton – (Glasgow City Council/West of Scotland Food Liaison Group)
Rod House – (Health Protection Scotland)
Andy Morrison – (Food Standard Agency).

2. Minutes of Previous Meeting on 10 May 2010

The minutes were agreed as being a true reflection of the meeting.

3. Matters Arising
i. Item 10. i. – Frank Feechan advised that there had been some concern in England regarding the standards of food safety in childminders.

ii. Item 13 – Craig Brown advised that the case against the South Lanarkshire take away premises had been heard in Court and the operators were fined £500.

iii. Item 15. i. – Craig Brown advised that this year’s enforcement survey questionnaire would include a question on whether authorities use voluntary action or formal Hygiene Emergency Prohibition Notices to close premises where there is an imminent risk. This led to general discussion on consistency in approach to the issuing of Hygiene Emergency Prohibition Notices. Frank Feechan is concerned that the failure of local authorities to serve HEPNs may result in a loss of expertise within authorities.

iv. Item 15. ii. – Craig Brown advised that the question of meat inspection training has been raised at the resources working group of SFELC.

v. Item 15. iii. – Craig Brown agreed to invite a representative from FSA Operations (formerly MHS) to attend a future Food Safety Sub-Committee meeting to discuss enforcement of dual inspection establishments. Members were requested to provide feedback from their liaison groups on relevant issues for discussion. Frank Feechan raised a question regarding the approach to enforcement during outbreak investigations in dual inspected premises.

vi. Item 16. – Feedback from liaison groups indicated that the majority of authorities do not routinely visit food premises based on a single case of food poisoning where there is no evidence of a link to premises.

vii. Item 17 – Craig Smith advised that the case to test the opinion that non-food contact surfaces are not part of the premises if they are not “fixed” to the premises is proposed for November.

4. Feedback from SFELC Meeting
Craig Brown advised of the following:

i. There was a presentation by the Better Regulation Unit and they advised of the current financial constraints. It was mooted that it will take 13 years before local government spending returns to the levels experienced in 09/10 and the financial year 2014/15 is when spending will be at its lowest.

ii. SFELC have agreed to set up a group to determine a basis for risk based sampling.

iii. Craig Brown updated the group on the work of the Enforcement Resources Working Group which is chaired by George Fairgrieve and there are also representatives from FSA, REHIS, SFELC and SOCOEH. The draft food law enforcement service competency matrix was circulated to the resources group for comments and the main concerns relate to the ability of small authorities to comply with the training requirements and the resource implication of training.

Frank Feechan suggested that the competency matrix should be flexible along the lines of the RDNA health and safety training pool. There may also be a conflict between existing job descriptions and the requirements of the matrix. Craig Smith advised that the Code of Practice is vague on training and that the draft matrix is a positive proposal. The competencies and skills in the document could link to a Food RDNA tool. Craig Brown stated that this document is a starting point and could be developed over time. It was suggested that column 4 of the document, which is headed additional “required” training, be adjusted to additional “recommended” training. This matter was discussed and it was agreed that perhaps additional “relevant” training may be the more appropriate column title.

The next meeting of this Group is 1 October 2010.

5. Feedback from Liaison Groups
i. Tayside
No meeting.

Frank Feechan indicated that the FSA audit had been a positive experience and Dundee have improved their inspection monitoring arrangements. The auditors were content with the authority’s approach to Article 5 and their reference to the SANCO documents. Reality checks were useful for the auditors.

ii. Lothian and Borders
Craig Smith advised that West Lothian have had their FSA audit and said that it was positive with useful learning outcomes. The Group have developed a mobile traders log book which is a useful inspection record for mobile vendors designed to save time and reduce duplication for vendors who trade in different local authorities.

There has been an increase in formal action in respect of voluntary closures, hygiene emergency prohibition notices and issuing of hygiene improvement notices, mainly for cleanliness and structure issues. The increased action may be linked to the economic downturn.

iii. West of Scotland
Craig Smith advised that meetings have been reduced and now take place on a bi-monthly basis. It has been agreed to circulate key items to be raised prior to the meetings to allow members to formulate a response before attendance.

iv. North of Scotland Food Liaison Group
The last meeting was held on 8 June 2010.

James McLennan advised that Highland have had issues regarding FEPA authorisation for new members of staff. These authorisations are currently issued by Scottish Government. Neil Leitch advised that Andy Morrison has been in discussions with the Scottish Government about these authorisations. Aberdeen City are developing standard paragraphs in Mandarin and these are to be circulated when completed. Aberdeenshire Council have applied a licensing condition that the license holder must have an employee available with good command of the English language. The group discussed LACORS paper on Power of Entry etc Bill - Lord Selsdon and officers expressed concerns at the proposals. Orkney Council was audited by FSA in July 10 and feedback will be provided at the next meeting which takes place 7 September. Bio-security issues were discussed in connection with primary production visits. There were problems in Moray and Highland with butchers making claims which do not comply with the Scottish Beef Labelling Scheme.

6. FSA Update
Neil Leitch advised that there are two incident handling courses this week, Edinburgh -Wednesday and Glasgow - Thursday. The course has been well received in other parts of the UK. The tier of the Deputy Director in the FSA has been removed and Jim Thompson and Lydia Wilkie have now retired.

7. Health Protection Scotland Update
No HPS representative attending.

8. Consumer Focus Scotland Update
No CFS representative attending.

9. Industry Update
No industry representative attending.

10. Working Group Updates
i. Childminders Working Group
The FSA Guidelines have now been published and issued to local authorities. The Care Commission are advising childminders of the Guidance and consequently childminders have been contacting local authorities. Neil Leitch advised that a Childminders conference has been organised for October and there has been a request for FSA presentation.

ii. Approved Establishments Group
Billy Hamilton circulated a note of the last meeting which was held on 27 August 2010.

iii. FHIS Working Group
Billy Hamilton provided a briefing note of the last meeting which was held on 24 August 2010.

iv. CPD Group
No report.

v. Fish Hygiene Group
James McLennan – the presence of listeria in fish products had resulted in a number of RASSF’S. Companies should be reminded to ensure that they have robust procedures based on EC Regulation 2073 to ensure that listeria monocytogenes is absent in 25g or less than 100g at the end shelf life. Moulariums used to hold live bivalve molluscs in retail establishments do not comply with EC Regulation 853/2005.

Craig Brown advised that there was positive feedback from the fish hygiene meeting held in Edinburgh. James McLennan advised that it is proposed to continue holding at least one meeting a year in the central belt.

11. Legislation/COP Issues
Craig Brown advised that there is a Scottish Government consultation reviewing Animal By-Products legislation.

12. Current consultations
FSA Consultation on Reducing the Risks from E coli O157 – Controlling Cross Contamination
This consultation was welcomed and led to discussion. Craig Brown said that the guidance should engender greater confidence in officers dealing with cross contamination issues. Cross contamination controls must be clear and any lapse in cross contamination control must immediately call into question the validity of the procedures that have failed. The absence of the ability to issue RANs for unapproved premises was again highlighted. Frank Feechan highlighted the importance of effective cleaning and disinfection procedures. Craig Brown raised concerns regarding the anticipated costs highlighted in the impact assessment.

Revised Guidance on the Investigation and Control of Outbreaks of Food Borne Diseases in Scotland
This consultation was discussed and the following points were made:

Craig Brown noted that the standard of evidence for hygiene emergency prohibition notices is based on the “balance of probabilities” and not “beyond reasonable doubt”. Franck Feechan advised that the FSA role did not refer to the role of FSA operations (formerly MHS). Craig Brown also noted that the document recognises the link to the Public Health (Scotland) Act 2008 and there is reference to Joint Health Protection Plans. Frank Feechan suggested that the guidance should include mechanisms for “hot reviews” of food poisoning outbreaks.

Enforcement Guidance to Primary Production
The group agreed that this document provides good practical guidance for primary production enforcement officers.

13. Court cases – feedback from members
Craig Smith advised that a market butcher from West Lothian received a £700 fine for hygiene offences. James McLennan advised that a liquid egg pasteuriser in Moray was fined £600 for Animal By-Products offences.

14. Correspondence
No correspondence was tabled.

15. Matters for referral to SFELC
No matters for referral.

16. Matters for referral back to Liaison Group

i. Provide feedback on issues involving dual inspected premises (i.e. LAs and FSA Operations)

ii. Encourage liaison groups to respond to the FSA consultation on controlling cross contamination and in particular highlight to extend the scope of RANs.

iii. Encourage the liaison groups to respond to SFELC on the food competency matrix.

17. Any other business
i. Craig Brown said that many authorities are now moving towards remote working, flexible working, paperless systems and members should be encouraged to share good practice in these areas.

ii. Craig Smith described a scenario where meat was seized but it was difficult to define the ownership of the meat and questioned whether or not voluntary procedures could be used if formal procedures to seize meat have been instigated.

iii. Frank Feechan advised that Sandy MacDougall (FSA) is representing SFELC on a group looking into mechanisms to encourage behavioural change in food businesses.

Craig Brown advised the group of a recent case of B.cereus. The investigation into practices at a Chinese restaurant revealed a failure to cool rice properly after boiling and subsequent frying. The rice was cool at the extremities of the container, but was still warm in the centre (19ºC).

18. Date of next meeting
The next meeting will take place on 31 November 2010 at Dundee City Council.