• Report

Local Authority Audit: Summary report – findings and analysis

Content: Report

Published by:

  • Food Standards Scotland

8. Annex 1 - Cross-Mapping Evidence to Legislation

Audit FindingFood (Scotland) Act 2015Regulation (EU) 2017/625OFFC (Scotland) 2009Legislative Requirement
Failure to achieve planned intervention frequenciess.23Arts. 5, 9, 12Reg.7Official controls must be delivered at appropriate frequencies using a risk-based approach and be subject to monitoring of enforcement performance. 
Backlogs of overdue inspectionss.23Arts. 9, 12Reg.7Enforcement authorities must maintain effective delivery arrangements, with performance monitored by FSS. 
Unrated premises awaiting inspections.23Arts. 9, 13Regs.4, 7, 8Regulatory records must be maintained accurately and enforcement activity monitored and reported. 
Higher-risk establishments not inspected within target timescalesss.2, 23Arts. 5, 9Reg.7Official controls must prioritise public health risks and be subject to performance monitoring. 
Vacant EHO posts affecting deliverys.23Arts. 5(4), 12Reg.7Competent authorities must have sufficient resources to discharge official control responsibilities effectively. 
HACCP deficiencies not identified during inspectionss.2Arts. 9, 12, 14Reg.7Inspections must effectively verify compliance with food safety requirements and assurance systems should identify weaknesses. 
Weak inspection quality and control depths.3(1)(e)Arts. 5, 12, 14Regs.6, 7Enforcement activity should be conducted consistently and in accordance with the Food Law Code of Practice, with performance subject to monitoring. 
Variability between authoritiesss.3(1)(e), 23Arts. 5, 12Regs.6, 7FSS promotes best practice and consistency through the Code of Practice and monitoring functions. 
Reduced food sampling activitys.23Arts. 9, 14Reg.7Sampling forms an integral official control technique and should be monitored as part of enforcement performance. 
Weak data quality and inaccurate enforcement recordsss.19, 24Arts. 11, 13Regs.4, 5, 8Authorities must maintain reliable information and provide information relating to enforcement activities when requested. 
Certification weaknessesss.19, 20Arts. 88, 126, 127Regs.5, 7, 8Certification systems must be robust, evidence-based and subject to effective assurance and oversight. 
Weak performance monitoring and management oversightss.19, 23Arts. 5, 6, 12Regs.7, 8, 9Official control systems must be monitored, information provided when requested, and assurance activities facilitated. 
Workforce competency gapsss.3(1)(e), 23Arts. 5(4), 12Regs.6, 7Staff undertaking official controls must be appropriately trained and competent, in accordance with Code of Practice expectations. 

Key Legislative Provisions

Food (Scotland) Act 2015

ProvisionRelevance
Section 2Protection of public health and consumers where inadequate controls create food safety risks.
Section 3(1)(e)FSS duty to monitor enforcement authority performance and promote best practice.
Section 19Acquisition, review and maintenance of information relevant to food safety and assurance activities.
Section 20Observations and information-gathering activities supporting assurance work.
Section 23Setting and monitoring performance standards for enforcement authorities.

Regulation (EU) 2017/625

ArticleRelevance
Article 5General obligations on competent authorities.
Article 9Risk-based official controls at appropriate frequencies.
Article 12Documented procedures and consistency of official controls.
Article 13Recording and retention of official control information.
Article 14Control methods including inspections, audits and sampling.
Articles 88, 126, 127Requirements concerning official certification and controls supporting certification.

Official Feed and Food Controls (Scotland) Regulations 2009 (SSI 2009/446)

RegulationRelevance
Regulation 4Exchange and provision of information between authorities.
Regulation 5Powers to obtain information relevant to enforcement and official controls.
Regulation 6Power to issue Codes of Recommended Practice, including the Food Law Code of Practice (Scotland).
Regulation 7Monitoring of enforcement action undertaken by local authorities.
Regulation 8Powers to request information relating to enforcement action.
Regulation 9Powers of entry for persons undertaking monitoring of enforcement action. 
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