A Robust Foundation Facing New Challenges
The UK has long enjoyed a reputation for high food safety and quality standards, backed by a comprehensive legal framework and strong enforcement bodies like the Food Standards Agency (FSA) and Food Standards Scotland (FSS). However, since leaving the European Union, the system has entered a new phase, marked by regulatory divergence, evolving trade agreements, and resource pressures. While the core principles of protecting public health remain, new complexities are emerging that warrant closer examination.
The UK's Regulatory Framework
Foundations of UK Food Law
The overarching legal framework for UK food safety is the Food Safety Act 1990, which prevents food from being rendered injurious to health, ensures its quality meets consumer expectations, and prohibits false or misleading descriptions. Following Brexit, the majority of EU food laws were retained and converted into UK 'assimilated law'. However, the government now has the authority to amend or repeal these laws, which can lead to regulatory divergence from the EU. A short deadline for reviewing retained EU law, ending in December 2023, was a concern for many experts, who saw a risk of accidentally losing crucial legislation due to time constraints. This legislative shift represents a significant change in governance, with UK ministers now holding more discretion over food law.
Enforcement Bodies and their Roles
The enforcement of UK food standards is a collaborative effort involving several bodies:
- Food Standards Agency (FSA): Responsible for food and feed safety across England, Wales, and Northern Ireland. It develops policies and provides guidance to businesses and consumers.
- Food Standards Scotland (FSS): The independent food standards authority for Scotland, established in 2015.
- Local Authorities: These bodies deliver much of the day-to-day enforcement and official controls. They inspect food premises, conduct sampling, and ensure businesses comply with hygiene and standards laws.
- National and Scottish Food Crime Units: These units investigate serious and organised food crime, such as fraud and adulteration.
The Food Hygiene Rating Scheme (FHRS), overseen by the FSA and local authorities, provides a visible rating for food businesses based on inspections. While displaying the rating is mandatory in Wales and Northern Ireland, it remains voluntary in England, a factor exposed by a recent BBC investigation that revealed some establishments were deceptively displaying incorrect, high ratings. This highlights a potential weakness in consumer protection in England compared to other UK nations. Furthermore, significant cuts to local authority food safety officer posts, reported in recent years, have raised concerns about the capacity to carry out essential checks.
Post-Brexit Challenges and Divergence
Divergence from EU Standards
Since Brexit, the UK's path has diverged from the EU's, leading to some notable differences:
- Food Additives: The EU has banned some additives, such as the food colour titanium dioxide (E171), following risk assessments by the European Food Safety Authority (EFSA), while it remains permitted in Great Britain.
- Pesticides: Divergence in pesticide maximum residue levels (MRLs) has occurred. The EU has strengthened limits on certain chemicals, while the UK has not always followed suit.
- Novel Foods: The EU has approved several novel food products, including certain insect powders for human consumption, which are not yet permitted in the UK.
- Genetic Technologies: The UK is progressing with legislation on Precision Bred Organisms (PBOs), potentially creating a different regulatory landscape from the EU.
Import Control and Border Challenges
The UK's import regime has seen changes and delays. While imported crops from abroad must meet UK legal standards, the full implementation of border controls for goods from the EU has been repeatedly deferred. In April 2023, the FSA welcomed proposals for phased-in, risk-based controls for EU imports, reflecting concerns that a lack of assurances could compromise safety. However, resource shortages in enforcement capacity, including a decline in Official Veterinarians, further complicate matters. International assurance schemes and rigorous testing are used to verify standards for non-EU imports, but the system relies heavily on importers and contractual agreements.
Comparison: UK vs EU Food Standards
| Feature | UK Approach (Post-Brexit) | EU Approach |
|---|---|---|
| Regulatory Framework | Assimilated EU law, amendable by UK ministers, underpinned by Food Safety Act 1990 | EU-wide regulations, offering a harmonised standard across member states |
| Decision Making | Independent UK authorities (FSA, FSS), with ministers having greater discretion | European Food Safety Authority (EFSA) conducts risk assessments for all member states |
| Additives (e.g., E171) | Retained permission for some substances banned in the EU based on different risk management | Ban on substances like titanium dioxide (E171) based on EFSA assessments |
| Pesticide Levels | Diverging approach on Maximum Residue Levels (MRLs) for certain pesticides | Strengthened limits on several chemicals and pesticide residues |
| Novel Foods | Separate approval process, leading to different substances being permitted or not | Authorisation processes can lead to approval of products not yet permitted in the UK |
| Food Hygiene Display | Mandatory in Wales & Northern Ireland; voluntary in England, where misrepresentation is possible | Generally mandatory or enforced effectively in member states for consumer clarity |
Public Perception and Confidence
Despite the recent changes, consumer confidence in UK food safety remains high, with 89% expressing confidence in a recent FSA survey. However, trust is not universal. Some consumers are wary of post-Brexit changes and trade deals, believing standards may be compromised. Food affordability has also become a significant concern, with a majority of consumers worried about food prices. Research has shown that financial pressures can lead to risky food preparation and storage behaviours, though there is no direct evidence yet linking this to an increase in foodborne illness. A recent BBC exposé on food outlets in England misrepresenting their Food Hygiene Rating Scheme (FHRS) scores also highlighted a specific area of concern for consumer trust.
Maintaining High UK Food Standards
The ongoing commitment to maintaining high standards involves a multi-pronged approach:
- Risk-Based Controls: The UK is implementing new risk-based controls for food and feed imports, aiming to ensure consistency whether products come from the EU or elsewhere.
- Third-Party Assurance Schemes: Schemes like Red Tractor Assurance provide additional checks and safeguards throughout the supply chain, often exceeding minimum legal requirements for domestically produced food.
- Incident Monitoring: Continuous monitoring of food incidents and outbreaks by the FSA and FSS helps identify and address systemic risks, such as allergens or contaminants. The use of Whole Genome Sequencing (WGS) has enhanced the ability to detect and investigate foodborne disease outbreaks.
- Addressing Capacity Issues: Efforts are underway to address staffing shortages in enforcement roles at both the local and national level, including recruitment for Official Veterinarians.
Conclusion
In conclusion, while the core legal framework and regulatory bodies provide a strong foundation for UK food standards, the landscape is evolving significantly. Post-Brexit regulatory divergence from the EU, ongoing import control implementation, and local authority resource issues present genuine challenges that could affect enforcement and consumer confidence. However, with high overall consumer trust and bodies like the FSA and FSS committed to adapting, UK food standards remain robust. The situation demands continued vigilance from regulators and consumers alike, particularly in light of economic pressures and the potential for greater divergence over time. For more information, the Food Standards Agency website is an excellent resource, offering extensive information on food safety and regulation https://www.food.gov.uk/.
