FSA Enforcement Letter (ENF/E/12/021), 3 July 2012
Further to my letter of [8 March] 2012, I’m writing to inform you of a further delay to implementing the extension of Remedial Action Notices (RANs) in England, and update you on progress in the other UK countries.
In my last letter, I explained that in order to extend RANs to all food establishments an amendment was needed to the Food Hygiene Regulations 2006 and the Food Law Code of Practice, and that such regulatory amendments are subject in England to review by the Westminster government’s regulatory committees (The Regulatory Policy Committee and the Reducing Regulation Committee). These committees consider whether proposed regulations are in line with wider government policy, will be effective in meeting their policy objective, and have been costed accurately.
The process of taking the RANs extension through the Westminster government’s committees is continuing to cause delays, and the England extension will not now be introduced before the Olympic Games as we had planned.
The extension of RANs in the other UK countries has proceeded along our intended timeline. Wales, Scotland and Northern Ireland are subject to different legislative processes to England and amended their national legislation to extend RANs on the following dates: Scotland: 1 April 2012 Northern Ireland: 11 April 2012 Wales: 1 May 2012
The FSA remains committed to the extension of RANs to all food establishments in the UK as agreed by our Board in September 2011. We recognise that it is far from ideal that the existing gap in enforcement powers continues in England.
We now intend gather evidence of how RANs are being used in Scotland, Wales, and Northern Ireland to strengthen the proposal. This means that it is likely that we will not refer the extension of RANs in England back to the regulatory committees until 2013, to allow sufficient time for evidence to be gathered.
For previous news item, see: 8 March 2012 ENFORCEMENT - Update on Remedial Action Notices