PHILIP CLARKE

HEAD OF BETTER REGULATION

FOOD STANDARDS AGENCY

philip.clarke@foodstandards.gsi.gov.uk

FOOD STANDARDS AGENCY APPROACH TO REGULATION

Historical context

• Mood of suspicion post BSE;• Independence questioned;• Conflict of interest perceived

• Breakdown in public trust

UK Food Standards Agency• Non-Ministerial UK Government Department

since April 2000;• Arm’s length from Government; • Statutory objective to protect the health of the

public and the interests of consumers in relation to food and drink;

• Responsible for food safety and standards, nutrition and consumer protection.

What we do

• Core values: consumer first; open and accessible; independent voice; evidence based;

• Independent of sectoral and political interest yet engage with all stakeholders throughout policy development;

• Deliver enforceable and practical policy solutions within (largely) EU framework.

Approach to regulation

• Statutory requirement to consider costs and benefits of regulations;

• Develop policy and take decisions in and open and transparent way;

• Evidence and risk-based approach;• Do not use absence of certainty as

excuse for taking action.

Risk-based regulation

• Aim is not to achieve zero risk, but to reduce risk to a level which should be acceptable to the reasonable consumer;

• 5 principles:– get the facts right;– keep an open mind;– apply rigour;– act openly;– involve stakeholders.

Risk based regulationIncomplete science

Costs & feasibility Judgement Policy decision onon precautionary risk managementaction

Public opinion on acceptability

Discuss openly throughout

Principles of Good Regulation• Proportionate• Accountable• Consistent• Transparent• Targeted

What is better regulation?

• Ensuring that regulations do not impose unnecessary burdens on business, the public sector and the voluntary sector – whilst still delivering high levels of protection for consumers unwarranted;

• About achieving a balance; • Better regulation is not just about

deregulation.

Where does it all come from?

• 97% from European Union

• 3% domestic

• of 97%:– 52% no discretion over implementation– 45% UK has some discretion

And the cost…..

• Administrative burden in May 05 - £91 million;

• FSA Board commitment to reduce by 25% - to no more than £68 million;

• Additional regulation in Jan 06 increased burden to £205 million;

• Need to achieve £136 million savings to achieve target of £68 million.

How are we tackling?

Better regulation: helps businesses to be more productive and public services more efficient, by simplifying legislation and introducing new legislation only when essential .

Simplification: clarifies the objectives andminimises the administrative requirements and costs of existing regulations without changing the policy objectives

Administrative burden reduction:minimises information obligations onbusinesses and third sector (for example by using fewer, better designed forms to gather only essential information)

Is our approach working?

• UK has highest consumer trust in food safety of six EU countries studied(Trust in Food in Europe, NICR, Oslo 2003)

• 82% of people are now aware of the FSA; 61% rated the FSA as an “organisation I trust”, and 66% described themselves as “confident about the Agency’s role in protecting health”.

(Consumers Attitudes Survey, 2006)

Putting the theory into practice• In England & Wales food borne disease

affects more that 750,000 people, causing 17,000 hospitalisations and some 500 deaths

• cost to the economy £1.5 billion (Euros 2.2 billion) each year;

• new EC food hygiene regs from January 2006

• Produce and serve safe food by implementing safety management systems based on HACCP

HACCP – solution & problem• risk-based quality method developed for

larger food manufacturing businesses;• flow chart analysis of potential hazards

and implementation of specific controls to eliminate hazards;

• requires considerable expertise, monitoring and record-keeping

• BUT – estimated 350,000 food businesses employ < 10 people

Safer Food Better Business Keep it simple – the 4Cs

• Cooking • Chilling • Cross contamination• Cleaning

SFBB - Catering Pack

SFBB – guidance packs

• caterers, retailers, ethnic cuisine;• “safe method” fact sheets• diary for record keeping;• 4Cs: cooking; chilling; cross-

contamination; and cleaning;• builds on existing knowledge;• following SFBB correctly means

compliance with the law.

Red tape reduction

• removed the need for repetitive monitoring and record keeping;

• improved skills and increased compliance with food law;

• saved UK business some £137 million per annum

SFBB success

• increased confidence in businesses’ ability to manage food safety;

• food hygiene enforcement is risk-based through advice and guidance;

• increased consumer protection

SFBB successEverything to do with food safety in one place

97%

Helps train and supervise staff 87%

Helps manage my business 86%

Helps stock control & reduces wastage

74%

Has increased the effectiveness of my business

70%

Has increased the profitability of my business

44%

Any questions?

philip.clarke@foodstandards.gsi.gov.uk