Section 42 advice

Changes in international trade affect both businesses and regulators

A cargo boat arriving at the harbour port in Aberdeen in Scotland

International trade

We work with UK partners to help make sure food sold in Scotland and across the UK is safe.

International trade is managed by the UK Government. However, under the Scotland Act 1998, we have powers over food and feed controls to protect public health.

This means our role as regulator also covers food and feed imports. We therefore have a clear interest in any new trade agreements involving food.

Trade agreements

Together with the Food Standards Agency (FSA), we are the UK’s food safety authorities. We have a legal duty to protect food and feed safety and to represent consumers’ interests.

The Department for Business and Trade (DBT) asks us to contribute to a government report required under Section 42(2) of the Agriculture Act 2020. This report supports parliamentary scrutiny of Free Trade Agreements (FTAs).

The Act requires the Secretary of State to seek advice from the Trade and Agriculture Commission (TAC), except on issues that affect human health, including food safety.

Because TAC does not cover food safety, FSS and FSA are asked to provide joint advice. We assess whether the food-related parts of FTAs meet UK standards for protecting human health. This is in line with Section 42(4), which allows advice from independent experts.

Our joint advice is included as an annex to the UK Government’s Section 42 report, alongside TAC’s advice, when the report is presented to Parliament.

Did you find this helpful? We would love to hear from you.
Thank you for your feedback!