Research into the use and perceptions of guidance on food safety and standards

Although not directly related to the research, the broader context in which food businesses and food law professionals operated was frequently mentioned. Multiple issues present challenges to businesses in ensuring compliance or act as barriers to using guidance, including:

• Operational and administrative burdens
• Staff training and compliance monitoring
• Complexity and lack of clear guidance
• Resource and cost constraints

These issues have been included in this appendix for FSS to consider when producing future guidance, to ensure it remains fit-for-purpose for the environment that many food businesses operate in. 

Some businesses expressed the view that compliance tasks could be time-consuming, particularly routine paperwork such as temperature logs, cleaning schedules, and record-keeping, and felt this could be a barrier to both compliance and using guidance. These requirements could be viewed as bureaucratic, burdensome and disproportionate to their perceived impact on food safety. This is especially true in some of the smaller businesses, where owners or managers have multiple demands on their time and find it challenging to keep up with paperwork, undergo training and keep up with new requirements.

Some businesses reflected that food law compliance can be seen as impractical. While this was often mentioned, there was no single issue which caused frustration; instead, a range of issues were noted depending on the type or size of business. For example, paperwork can seem disconnected from the reality of running a business, and some requirements can be viewed as excessive, e.g. detailed labelling, or not relevant to a specific business or a business's risk profile. Small businesses reported physical constraints, such as limited kitchen space, that can make compliance with allergen separation and safe storage challenging.

Rules that some businesses felt were impractical and difficult to implement were also noted, such as businesses being responsible for checking the temperature inside suppliers’ vehicles. A few participants felt that these challenges are amplified for mobile businesses or those operating across multiple sites, where maintaining consistent standards requires additional planning and coordination. 

In their survey comments and subsequent conversations, a few food law professionals acknowledged that food law compliance was only one aspect of a food business's daily considerations. One stakeholder noted that food businesses need to consider a range of other policy issues, such as Extended Producer Responsibility (EPR) for packaging, the deposit return scheme, and salt, sugar and fat content. For smaller businesses in particular, these demands must be balanced with compliance and other issues affecting their business, such as inflation.

Food businesses highlighted two compliance challenges related to their supply chain. These were the extent to which they rely on compliance in other businesses in their supply chain, and how they might need to comply with requirements set out by any businesses they supply to. They described how non-compliance in other businesses, such as inadequate refrigeration during transport, allergen cross-contamination, and inconsistent product quality, could pose a risk to their own customers and business. Examples of highly publicised food safety incidents were cited by food businesses as reminders of the reputational and operational impact of supplier failures and the risk businesses take.

Another factor outlined as significant to complying with food law requirements was supplier-related information needs, particularly for businesses operating under Safe and Local Supplier Approval (SALSA) or Brand Reputation Compliance Global Standards (BRCGS). Businesses described the requirement to trace ingredients back to the source, with suppliers providing certificates for food hygiene, safety, and other claims such as organic or kosher. This was seen as essential for accountability, compliance, and maintaining consumer trust, especially in the context of increasing consumer awareness and demands. Sector-specific rules were also cited, such as the Scotch Whisky Association and HMRC requirements for spirits. Some food businesses reflected on how these requirements have become more comprehensive over time. 

Ensuring staff are well-trained to understand, follow, and comply with food safety procedures was noted as a further challenge. While available training was generally felt to be appropriate, food businesses noted issues such as high staff turnover. For example, frequent training for new or inexperienced employees, or temporary workers such as students working during holidays, means that more time and effort need to be spent on training and ensuring learning is embedded in the business. Similarly, smaller food businesses and those operating in rural or seasonal contexts noted that limited staffing and multiple role responsibilities made it harder to keep up with compliance requirements during peak periods. A few noted that additional training could be required to comply with certification and framework requirements, such as those noted in the ‘supply chain considerations’ section above.

Food businesses emphasised the need for ongoing supervision and refresher training to ensure compliance among employees, and to be able to demonstrate efforts to comply with food law professionals, e.g. by providing certificates for training. Manual systems, such as paper-based temperature logs and cleaning schedules, were noted by some as adding to this burden, requiring constant monitoring. 

Another noted that some food businesses may be unfamiliar with the standards and regulations in Scotland because no training is required to start a food business in Scotland. 

Despite some businesses reporting minimal cost issues, others faced challenges in covering costs associated with compliance. Additional expenses included costs for:

• Training, training platforms and specialist training.
• Using third parties to advise on processes, e.g. HACCP frameworks.
• Specialist equipment.
• Achieving and renewing certification.
• Food which ends up as food waste if it cannot be used as intended.