Food safety enforcement in England could be on the verge of its largest change since the nineteenth century. Some fear privatisation and ‘regulator capture’. Others argue that technology-driven innovation is long overdue.
It’s been a newsy year for food safety. In January, the UK was unable to implement its promised frictionless, single trade window, featuring newly-designated border control posts and digital health certificates, in time for the return of controls on EU animal and plant imports. The result was long queues of lorries and chaos. It was more Dad’s Army than James Bond.
EHOs in Dover warned of illegal pork being smuggled into the UK in unprecedented quantities in white vans, prompting fears, in the Daily Mail, of an outbreak of African swine fever. In March, the Guardian reported that hospital admissions from salmonella, the most common form of food poisoning, were at all at time high. Some commentators attributed the surge to Brexit catastrophically reducing physical safety controls and the stripping of capacity from local government over the austerity period.
In October, stories in the catering trade press proclaimed ‘Move to self-regulate could reduce safety visits’, then ‘Scores on doors scandal to “torpedo” FSA plans for food safety shake-up’. An undercover BBC investigation had discovered hundreds of premises, including a branch of Sainsbury’s mis-declaring their food hygiene rating scores. Food is always political, and policy decisions are often hijacked by events.
It would be possible to conclude from this year’s headlines that the UK’s food safety system is ‘broken’. Public health commentator Sterling Crew doesn’t think that the system is broken. But he does believe that it needs some reforms, to bring it up to date.
Crew, a chartered fellow of the CIEH has a 40-year background in food regulation, manufacturing and retailing. Today, he observes, supermarkets account for 95% of grocery sales, in a sector that is dominated by ten giants. Yet, he notes, the model for food safety enforcement has changed little since the 1875 Public Health Act.
It was designed for an era in which environmental health officers trod local beats inspecting abattoirs, cowshed and pie shops. He says: “I was very happy when I became a local authority EHO, over 40 years ago. But I did not think that the methods of the job had really changed since Victorian times.”
Local versus national
The anomaly of locally-based enforcement system, set against increasingly national, and global, food supply and retailing chains has been clear for several decades and it is growing more acute as local authority budgets continue to shrink. In response, in 2009, the UK’s Food Standards Agency, which was set up by New Labour in 2000, established a voluntary system of ‘primary’ authorities. Under this system, national retailing chains could choose a single council to act as a lead and referral point for advice and enforcement. The scheme was expanded in 2017.
The legislation that created the FSA allowed it to become a national enforcement body, but its political masters have chosen, up to now, not to give it that remit. The agency has intimated, at times, that it would be appropriate for it to regulate big business, leaving local authorities to focus on the sole traders and SMEs that make up the majority of the UK’s 600,000 food businesses.
In 2015, the FSA set off down that road. Under a controversial plan called Regulating Our Future, the agency would hold a national database of risk-rated registered food businesses. For the first time, data from third party, private sector audits would be incorporated into the primary authority system. Later, the agency envisaged, large businesses would be charged for food safety inspection, shifting the cost from local government.
The plan met with widespread opposition from many traditionalist EHOs, who viewed it as a heresy – a ‘privatisation’ of food safety inspection and a threat to local accountability. It was delayed and ultimately prevented by the huge national disruption caused by Brexit – events hijacking policy again.
Not dead, but resting
Regulating our Future has not disappeared from the FSA’s thinking. It has just been resting. It re-emerged, in a slightly modified form, in 2021 as Achieving Business Compliance. Conceived as a blueprint for a future regulatory system, ABC includes ‘enhanced registration’ of food businesses, co-ordinated by the FSA, and national regulation of big businesses, incorporating third-party audit data.
The system has been trialled by the FSA with, Aldi Asda, Sainsbury’s, Tesco and Waitrose. According to the agency, the data available from supermarkets’ third-party audits offers greater insight into their adherence to food safety rules than the existing local authority regimes. But ABC is just as controversial with many EHOs, as its predecessors Regulating Our Future and the primary authority system and, for the same reasons – they fear loss of local control and accountability and the potential for ‘regulatory capture’.
Discussed by the FSA board in in September, the latest iteration of ABC is that the legal enforcement body for UK’s ten largest supermarkets chains would become their primary authority as soon as next year. In the second phase, secondary legislation and changes to the Food Law Code of Practice would extend the FSA’s powers across retail, manufacturing and food-to-go sectors – a significant ‘nationalisation’ of enforcement, removing the cost of a large proportion of the cost of food safety services from councils.
Such a dramatic re-configuring to of the enforcement architecture, breaking the Victorian template and reducing the role of councils, would have to be a decision made at government level, either late in this Parliament, or the next one.
Crew does not fear such a change, if it is intelligently applied. He says: “In my opinion, the UK benefits from one of the most well-regulated, safest and authentic food systems in the world. But, despite that, we still have challenges to address. There is a need for a strong and capable regulator particularly with a global supply chain.”
He notes that Edwin Chadwick, who was the prime mover of food safety and sanitary reform in the nineteenth century, did not foresee Deliveroo, ‘dark restaurants’, globe-spanning food multinationals and artificial intelligence. Data is ubiquitous in the twenty-first century, he reasons. Why not use it and share it better?
He says: “Environmental health practitioners both in LAs and the private sector are passionate about the values to protect public health. I have seen many public and private collaboration initiatives that have improved public health, and I hope to see many more.”
Dwindling resources
He adds: “I do have major concerns surrounding the dwindling resources within local authorities We have seen a dramatic drop in the employment of EHOs. With strains on resources, I believe the regulatory framework needs to act smarter and take advantage of some of the new innovation in the sector.
“One way to do this is to incorporate the findings of voluntary third-party audits into the assessment of inspections. We could also take advantage of using remote inspections and audits. We saw some of these new innovations adopted during the Covid19 pandemic.”
Crew is a fervent admirer of the local authority EHO. He has been one himself. He argues that such a nationalised approach could be accompanied by much-needed and long overdue local reforms – why shouldn’t passporting, or prior approval, be required for running a food business? The mandatory display of food hygiene rating scores in England, as in Wales and Northern Ireland, he adds, would massively enhance the effectiveness of the scheme.
Long-term he believes that the biggest threat to food safety is not regulatory architecture but in filling future job roles and the resilience of the food safety profession. He says: “I am convinced that the biggest challenge ahead of the food sector is in retaining and recruiting talent, especially in the technical arenas. I think there are great rewarding careers available as an environmental health practitioner. We should all do our upmost to encourage people to join us.”