Food Law News - UK - 2013

FSA Consultation, 29 July 2013

ENFORCEMENT - Food Standards Agency Review of Powers of Entry

A copy of the full consultation document is available on this site. See: Consultation pack: Food Standards Agency Review of Powers of Entry

This consultation seeks stakeholder views on the addition of a number of safeguards to the FSA Powers of Entry legislation relating to leaving premises as close as possible to the condition in which it was found and the seizure of materials; and the retention of current Powers of Entry and their safeguards. Responses are requested by: 11 October 2013


Who will this consultation be of most interest to?

What is the subject of this consultation?

What is the purpose of this consultation?

To seek stakeholder views on:

Consultation details

The FSA has legislative responsibility for PoE relating to many aspects of food and feed law. The law concerned allows officials to enter premises to enforce food and feed law. These officials' may be local authority officials, FSA officials or officials acting on behalf of the FSA. The FSA also has PoE to enter premises of those involved with enforcement activities, such as local authorities and laboratories, in order to monitor and audit those services. In addition, the FSA has PoE to enter premises across the food chain for the purposes of obtaining, and keeping under review, information about matters connected with food safety, such as monitoring scientific and technological developments, and conducting research.

The PoE under FSA responsibility have been included in a number of Acts of Parliament and Statutory Instruments (SIs) since before 1990. (The Food Safety Act 1990 being the principal piece of primary legislation currently within the FSA's remit.) The PoE have not until now been reviewed to consider if they are proportionate to the task of enforcing and monitoring food and animal feed safety and whether they contain sufficient safeguards for the businesses and individuals affected. ‘Safeguards’ are specific controls in the legislation to protect individuals and businesses. These may include, for example, notice to be given prior to the PoE being used.

This consultation seeks views on:

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