Details (from 1 January 2016 to the present) of the following:
- any assessment your organisation has made (or has commissioned others to make) of the impact the UK leaving the European Union is likely to have in your areas of responsibility
- any preparations your organisation is making or contingency plans you have prepared for the UK leaving the European Union in all possible scenarios including a ‘no deal’ Brexit.”
1. Assessment of impact in our areas of responsibility:
a) Over 90% of food and feed law stems from our membership of the EU. Food Standards Scotland (FSS) has undertaken a comprehensive analysis of the relevant legislation to identify the detailed work needed to ensure that the statute book will support continuing regulation, and consumer protection, with effect from Day 1 of EU exit.
(b) FSS has undertaken impact assessment work with respect to enforcement resource requirements.
2. Preparation and contingency planning
a) FSS has allocated resources to a formal programme structure to provide oversight of our preparations for EU exit. We are linked in to the Scottish Government’s EU exit programme, and are working with other Government departments across the UK on planning for a range of scenarios including that of ‘no deal’, to ensure that a functioning statute book and enforcement arrangements are in place from Day 1. A copy of the FSS EU exit programme structure is attached.
b) In response to a request from the Scottish Government, FSS has produced a draft high level delivery plan, taking into account scenarios including that of ‘no deal’.
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under sections 29(1)(a) (formulation or development of government policy), 30(b)(i) (free and frank provision of advice) and 30(b)(ii) (free and frank exchange of views) of FOISA applies to that information.
Under Section 25 of FOISA, we do not have to provide information under FOISA if it can reasonably be obtained without making an FOI request. The Food Standards Scotland (FSS) Board has received and discussed several reports relating to the impact of EU Exit on FSS, and our approach to preparations and planning. These reports, and the minutes of the Board’s discussions, have been published and can be found at the following links:
In May 2018 the FSS Chair chaired a roundtable discussion on the regulatory challenges of getting product to market, with attendance from across food and drink businesses and representative bodies – a report of that meeting is published here.