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FSS have a primary responsibility to monitor the performance of, and promote best practice by, enforcement authorities enforcing food legislation in Scotland.

The overarching aim is to provide assurance that the delivery of official controls for food and feed is compliant with Scottish and UK legal requirements and official guidance.

The audit programme is risk-based, and all reports are published: https://www.foodstandards.gov.scot/business-and-industry/safety-and-regulation/audit-and-monitoring.

Food Standards Scotland (FSS) performs a national lead role in the investigation of counterfeit alcohol products. This is particularly the case when there are concerns over food safety and the contents present a danger to public health. FSS work in partnership with local authorities, other law enforcement agencies, public health, industry and stakeholders, with representation at various strategic and tactical fora to raise public awareness on known risks, coordinate efforts to remove the product from the market and report those found responsible. FSS is a member of the Scottish Multi-agency Tasking and Delivery Board (MATDB), which is a tactical collaboration between Police Scotland and law enforcement partners to address serious and organised crime. FSS has received full support from the MATDB in leading the investigation into the production, distribution and supply of counterfeit vodka nationally.

Cases of alleged food fraud reported to Crown Office and Procurator Fiscal Service (COPFS) by FSS:

2019: 1

2020: 1

2021: 1

FSS collects and monitors Local Authority sampling data and commissions its own national food sampling programmes, which provide assurance on the safety and standards of food sold in Scotland. These include targeted sampling programmes informed by FSS horizon scanning activities, Horizon Scanning | Food Standards Scotland and commodity specific surveys to generate data on the prevalence and levels of contaminants in different foods for the safety assessments that are used to underpin the FSS Risk analysis | Food Standards Scotland. The sampling programmes data is published in FSS’ Our Food Our Food 2023: An annual review of food standards across the UK | Food Standards Scotland; the annual report on food standards in the UK, which is produced jointly with the Food Standards Agency, and DEFRA’s biennial UK Food Security Report 2024 published - GOV.UK. Further information on FSS’s Food Surveillance System can be found on the FSS website: Food surveillance system | Food Standards Scotland.

Food Business Operators are required to comply with food and feed law which sets the minimum legal requirements to ensure food and feed are safe. As the central competent authority FSS provide statutory guidance for other enforcement authorities and directly regulates meat plants. FSS has an audit programme of Official Controls which is risk-based and where there is non compliance the frequency of audit will increase until a food business is compliant. The FSS Annual Report and Account, the FSS Strategy and Corporate Plan also provide information on FSS activities with regards to food and feed safety compliance.

As a regulator FSS delivers its statutory functions to deliver Official Controls (OC) for the foods it is Competent Authority (CA) for. Food Standards Scotland (FSS) undertake risk-based l audits in meat plants with frequency of audit informed by compliance levels of the business.

FSS have a primary responsibility to monitor the performance of, and promote best practice by, enforcement authorities enforcing food legislation in Scotland where compliance does not meet legal requirements

The overarching aim is to provide assurance that the delivery of official controls for food and feed is compliant with Scottish and UK legal requirements and official guidance.

The audit programme is risk-based, and all reports are published. 

https://www.foodstandards.gov.scot/business-and-industry/safety-and-regulation/audit-and-monitoring

Figures are not kept in the form requested as FSS officials will work on a range of policy areas according to priorities and workloads. Four policy officials have the necessary expertise to deal with food labelling and allergen issues

Since 2018, FSS investigations into food fraud have resulted in varying penalties being imposed including imprisonment and fines. One sentence of 4 years imprisonment was imposed with the sentence reduced to three years on appeal. in relation to the supply of 2,4-dinitrophenol (DNP) to the public. The sentence was reduced to three years on appeal. A proceeds of Crime Confiscation Order was imposed for £31050.

3 offences under the Food Hygiene (Scotland) Regulations 2006 at Food Standards Scotland (FSS) approved premises and fined a total of £4,000 with £175 surcharge.

FSS is a non ministerial office and is therefore directly accountable to Parliament and not to Ministers. FSS oversight - and any assessment of effectiveness -is provided by a non executive board. FSS published an Annual Report and Accounts to Parliament and a Joint Annual Report with Food Standards Agency on Food Safety in the UK. There is regular liaison between Ministers, FSS officials and the FSS chair and the Minister for Public Health and Sport and the FSS CEO have regular meetings to ensure Ministers are kept appraised of FSS activity. Parliament also has the ability to call FSS officials to give evidence with regards to FSS effectiveness.

Food Standards Scotland has a Food and Health Research Programme, which has a limited budget for procuring research across our entire food safety and dietary health remit; therefore our ability to fully explore the potential of AI in the delivery of our work has been restricted as a result of other priorities and lack of funding. However, through our Strategy and Corporate Plan we have committed to the delivery of a dedicated digital and data strategy, and plans for transforming food law delivery through our Scottish Authorities Food Enforcement Re-build (SAFER) programme, which intends to leverage data and intelligence to provide a greater focus on the enforcement of higher risk establishments. As part of the SAFER programme, we are currently in the process of building digital platforms that will strengthen the robustness of food law inspection data that we collect from the 32 Local Authorities in Scotland, with the aim of using this to develop AI tools that help us to design inspection regimes that are targeted to risk and optimise resources.

Alongside this work, our scientists engage with UK Research and Innovation, across Scottish and UK Governments, with international food regulators and the scientific community to keep abreast of developments in AI, and its potential applications in food law enforcement. We also collaborate with our counterparts in the Food Standards Agency (FSA) on the development of surveillance systems which help us to identify and prioritise risks at UK level (see: Horizon Scanning | Food Standards Scotland and Strategic surveillance and data | Food Standards Agency) and digital tools which support the detection and investigation of outbreaks of foodborne illness (Pathogen Surveillance in Agriculture, Food and Environment (PATH-SAFE) Programme | Food Standards Agency). To support our own work through SAFER, we are also keeping a watching brief on proof of concept work that FSA has been taking forward to explore the use of AI in the inspection of food businesses (FSA: Developing an AI-based Proof of Concept that prioritises businesses for food hygiene inspections while ensuring the ethical and responsible use of AI - GOV.UK), although these applications are still at the development stage.

The following table provides the detail of Local Authority enforcement actions that have resulted in business closure. The data relates to the use of Hygiene Emergency Prohibition Notices, Hygiene Emergency Prohibition Orders and Voluntary Closures.