FSA’s ‘risk-based’ food inspections are still a long way off

The regime under consideration by the FSA board could represent a significant shift in the oversight of the UK’s largest food businesses operators. Today, all businesses’ compliance with food law is overseen by local authorities, but there are question marks over this system’s efficacy for large national businesses and whether a more centralised, data-led approach might assist with consistency and spotting trends.

The Achieving Business Compliance (ABC) programme is designed to modernise and streamline this system by recognising that the oversight needed for a sophisticated national retailer, which typically has centralised compliance functions, is different to a local business.

Under the programme, the FSA would oversee large food businesses nationally, using a risk-based approach and with increased use of data to monitor compliance and identify risks. The FSA would also have an enhanced role in guiding local authorities to ensure a more uniform approach. However, implementing the programme presents significant challenges, including legislative changes, political will and FSA board approval.

So, what legislative changes will be required? The Food Safety Act 1990 will need to be amended. Specifically, to define, expand and alter the FSA’s authority, duties and powers. Changes to primary legislation require the government to set aside parliamentary time for debate and consideration.

Secondary legislation such as the Food Law Code of Practice, which guides local authorities in enforcement, will also need to be updated. The 2023 revised code already takes a risk-based approach to inspection, to allow inspectors to focus time and resources on businesses posing the greatest public health issues.

The ABC model will provide another layer to the enforcement for large food businesses. Provisions would be needed to ensure consistency of application, protect sensitive data and ensure effective data-sharing provisions, as data will be crucial for effective implementation of ABC’s regulatory model.

Concerns have been raised about potential divergence, especially by representatives from Wales and Northern Ireland. At the FSA’s latest board meeting, they pointed out any changes in England must be mirrored by the devolved parliaments. If the ABC system is to also cover Scotland then, along with the Scottish government making equivalent changes, the FSA and Food Standards Scotland will need to work together.

Implementing all these legislative changes is not without challenges. Is it a priority for the current government? Presumably not, as there was no mention of it in the King’s Speech.

Even the FSA board has been hesitant to take a clear position on ABC. At its most recent board meeting, it said it is not yet willing to endorse proposals for this kind of long-term legislative change, and it “wants to continue to keep close oversight of this work”. So the proposals for the next steps are to be worked on and considered again at a December board meeting .

It may be that the ABC model will continue in a pilot or voluntary format, until a standardised anonymised data format or ‘dashboard’ is established, alongside flexible methods of collection and trust in data security. Benefits of a point of contact at the FSA, consistency of application, and updates on future regulation may attract larger food businesses to volunteer.

However this proposal does have risks – for example, businesses will need to have trust that it is OK to volunteer information to an enforcement agency. Additionally, although large organisations tend to be lower risk due to established and managed food hygiene systems, any error has the potential to affect on a much greater scale. This potential risk may lead lawmakers to avoid the issue completely.

Whilst there is a lot to be said for ABC, there are still significant barriers to implementation. It remains to be seen whether the FSA board will take proposals forward, and if they do whether these get sufficient government support to go ahead. Much will depend on the views of the new government and new leadership at the FSA. Watch this space.