Proposed changes to the Food Safety (Sampling and Qualifications) (Scotland) Regulations 2013

In July 2021, the UK signed a Free Trade Agreement (the Agreement) with Norway, Iceland and Liechtenstein. These countries are members of both the European Economic Area (EEA) and the European Free Trade Association (EFTA) so are collectively referred to as the ‘EEA EFTA states’. The Agreement establishes a system for the recognition of professional qualifications (RPQ) and places an obligation on the UK and EEA EFTA states to put in place necessary measures and require its ‘relevant authorities’ to operate on RPQ system.

As part of this obligation our intention is to amend the 2013 regulations to accommodate the recognition of qualifications from EEA EFTA states by 1st December 2023.

The Scottish Government propose to use powers under Section 3 of the Professional Qualifications Act 2022 (the Act) to do this.

The proposed amendment is relevant for the professional qualification of “Food Examiner”. No changes are proposed in relation to the Public Analyst qualification at this time given its specificity in domestic law and the exemption under the Agreement that exists in relation to certain types of qualification for which an international equivalent may not exist.

The proposed amendments will update Schedule 2 of the Food Safety (Sampling and Qualifications) (Scotland) Regulations 2013 to recognise relevant qualifications obtained in any of the EEA EFTA States.

The proposed amendments to Part 1 of Schedule 2 will allow for the recognition of relevant degrees obtained from universities in these EEA EFTA states.

Similarly, the proposed amendments to Part 2 of Schedule 2, will provide for the recognition of laboratories owned by the governments of the EEA EFTA states as well as laboratories owned by universities in these states.

Our view is that this requirement is unlikely to affect the delivery of food examiner services.

Should you have any questions or comments on this proposal please send to exports@fss.scot by 20 September 2021.