Health and Sport Committee

Meeting date: Tuesday, December 8, 2020

Official Report 586KB pdf

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Subordinate Legislation

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Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 [Draft]

Good morning and welcome to the 33rd meeting in 2020 of the Health and Sport Committee.

We have received apologies from Alex Cole-Hamilton. I ask that all members and witnesses ensure that their phones are on silent and that all other notifications are turned off during the meeting.

The first item on our agenda is consideration of a draft affirmative instrument. We will then report to Parliament accordingly.

We will have an evidence session with the Minister for Public Health, Sport and Wellbeing. Once we have asked all our questions, we will have a formal debate on the motion.

The regulations make provisions to transfer functions for the execution and enforcement of feed law in Scotland from local authorities to Food Standards Scotland. As highlighted in the committee paper, Food Standards Scotland carried out a consultation with stakeholders from 28 August to 20 November 2017, alongside local authority and industry focus groups. A public consultation took place from 13 May to 8 July 2020. A consultation report is available on Food Standard Scotland’s website.

I welcome to the committee from the Scottish Government Joe FitzPatrick, the Minister for Public Health, Sport and Wellbeing, who is accompanied by Ivan Boemer, a solicitor with the legal directorate. From Food Standards Scotland we have Jacqueline Angus, who is the workstream manager on feed; Bryan Campbell, who is the regulatory strategy programme manager; and John Scott, who is a lead feed officer.

Thank you all for joining us. I invite the minister to make an opening statement.

Thank you, convener. I am pleased to join you to consider the regulations.

The regulations aim to transfer competence for animal feed law functions from local authorities to Food Standards Scotland on 1 April 2021. The step has been taken to address a number of concerns relating to a significant reduction in the level of inspection and sampling activity across Scotland. Given that animal feed safety has a direct impact on the safety of food for human consumption, the matter clearly needs to be addressed.

Local authorities are competent authorities for official feed controls. The delivery of animal feed control functions is carried out by 31 trading standards services across Scotland. There has been a steady decline in the number of inspections and sampling visits carried out, which are required under the European Union official controls regulation.

Local authorities have also reported reducing numbers of qualified and competent staff entering and remaining in trading standards, increasing numbers of feed businesses in Scotland and competing priorities with other trading standards functions, such as doorstep crime and product safety.

Although Scottish ministers and FSS have powers in this area, the issuing of a direction would have been unlikely to change the overall situation and would most likely result in resources that are needed elsewhere being redirected to respond to the direction.

The regulations amend a number of existing feed instruments, changing the competent authority from local authorities to Food Standards Scotland, as the convener said. They provide for the delegation of functions from FSS to qualifying third parties. FSS intends to delegate only official functions, inspections and sampling to third parties, with the option to delegate some investigation and enforcement powers in an emergency.

From 1 April 2021, any outstanding issues on that date will remain with the local authority until completion. Given the current low levels of feed law activity, the likelihood of there being any such work in progress is expected to be minimal.

Work began on developing the new model in 2015. During the past five years, regular stakeholder engagements have taken place with the feed industry, local authorities and other regulators. That has allowed FSS to develop a new model that is effective, robust and sustainable.

In recognition of the qualifications and experience that already exist in local authorities, FSS intends to use authorised officers for delivery under delegation, where they are willing and have the capacity to do so.

The new model is supported by the industry to meet its needs. It provides consistency across Scotland and a more level playing field for Scottish feed businesses.

As well as regular engagement with industry and local authorities, there have been two formal consultations, in 2017 and 2020, as the convener said. The infrastructure and governance for feed are currently being developed in collaboration with relevant stakeholders.

I hope that members agree that the regulations are necessary in order to provide an improved official control regime for animal feed, and that they agree to the necessary changes to existing Scottish statutory instruments in order to transfer competence from local authorities to Food Standards Scotland. That change will support enhanced levels of protection of human health, consumers’ interests and animal health and welfare.

Consistent and increased levels of delivery will minimise risk at all stages of production, processing and distribution of feed products for or fed to food-producing animals. That is particularly important in the run-up to the United Kingdom’s exit from the EU.

We are happy to take any questions.

You mentioned that local authorities will continue to deliver some of the functions that they currently, where they have the qualified and appropriate staff. Can you confirm that local authorities are content with that change in responsibility?

Yes—this has very much been a collaborative effort with local authorities, so as to ensure that we have the best, most robust system. FSS is developing its own competencies to deliver feed controls directly. However, it feels appropriate for local authorities that have the capability and capacity to participate in delegation, which retains skill and local knowledge.

For any local authorities that are participating, officers will still be able to carry out other functions at the same time—for food, primary product inspections and animal health and welfare—which will minimise footfall and the regulatory burden on the many feed businesses. It is very much a collaborative project.

Good morning. Thank you very much for your replies to the committee’s questions. One of my questions is whether the framework is fit for purpose. I note your reply to our letters, but we have concerns about the United Kingdom Internal Market Bill, and I wondered how that would affect the framework.

I suspect, Sandra, that you are looking to put that question in relation to our discussion on common frameworks, which will immediately follow this one.

My apologies, convener.

Keep your powder dry—I am sure the minister will be forewarned that you will put that question to him.

Apologies, convener and minister.

No problem.

I had better have a really good answer to that one.

You surely will.

Good morning. I am also a member of the Rural Economy and Connectivity Committee, and we have been considering food, feed and some relevant SSIs as part of our work. I have asked a couple of questions in the past about maximum residual levels and general levels of pesticides or veterinary drugs in food and agricultural products.

I know that there are different ways in which food is produced in the United States, where more antibiotics and pesticides are used. There are different acceptable levels in the US. Will it be Food Standards Scotland’s role to monitor the food, feed and produce that comes into the UK specifically with regard to residual levels of antibiotics, for instance, or steroids used in meat production?

When we were developing this proposal, it was not really with Brexit in mind. In normal times, it was the right thing to do and it was about making a more robust system.

The issues that the member mentions makes it important that we take a consistent approach. The draft regulations are specifically about the feedstocks that are made here for our livestock.

Jacqueline Angus might want to add something about this.

Since we started developing the model, we have become aware of the impact of the exit from the EU. The model that we are developing includes enhanced import controls. A lot of work is being done to approve additional border control posts, and import controls is a key part of the work that we are doing.

My thoughts are that we need to be vigilant about the different production and processing methods that are used in other countries so that, when food enters our supply chain, we are cognisant of issues such as antibiotic resistance and, for example, the use of higher levels of antibiotics in dairy cattle in America. There is an antibiotic called Carbamax, which is used in the production of pigs. I assume that monitoring will continue as trade negotiations and deals move forward.

In responding to that, minister, could you also comment on the relevance or impact of the removal of the EU regime from the distribution of powers between FSS and local authorities that is contained in the regulations?

On the latter point, I do not think there is such an impact in the SSI.

On moving from 31 different competencies to a Scottish competency, the regulations make sure that we can quickly develop the appropriate expertise across Scotland to deal with the new and potentially challenging issues that Emma Harper has raised. That expertise will mainly be in FSS but we will also work with those local authorities that have a large number of producers and therefore the level of work to make sure of those competencies. The new challenges that the exit from the EU brings, there will have to be new competencies and expertise developed to make sure that we are alert to that challenge.

There are no further questions from members so we now move to item 2, which is the formal debate on the affirmative statutory instrument on which we have just taken evidence. I remind the committee and others that we are no longer asking questions of the minister and his official may not speak in the debate. I invite the minister to move the motion, after which members can contribute to the debate, if they wish.

Motion moved,

That the Health and Sport Committee recommends that the Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 [draft] be approved.—[Joe FitzPatrick]

Motion agreed to.

That concludes consideration of the regulations, and we will report to Parliament accordingly. I thank the minister and his officials for their attendance.