Food Law

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STATEMENT MADE BY MICHAEL FORSYTH, SECRETARY OF STATE FOR SCOTLAND ON 8 APRIL 1997

GOVERNMENT'S RESPONSE TO PENNINGTON FINAL REPORT

Speaking in Edinburgh, the Rt Hon Michael Forsyth MP, Secretary of State for Scotland, made the following statement announcing the Government's response to the report's recommendations.

"I am most grateful to Professor Pennington and the members of the Expert Group for the great effort which has gone into completing their report. As Professor Pennington says in the Preface: "E-coli O157 is highly virulent and the rates of infection in the UK appear to have increased in recent years". I believe that our food safety legislation and the arrangements for dealingwith outbreaks need to reflect these new challenges. Professor Pennington and his Group have done a magnificent job in a short space of time.

"This statement sets out the Government's response to the final report of the Group, which I established on November 28, 1996 following the E-coli O157 outbreak in Central Scotland. The Group's Interim Report was published and I gave the Government's response to it, in a Parliamentary Statement on January 15, 1997 (Official Report Columns 323 to 326). The final report is published today along with this statement.

The Recommendations

"The main recommendations cover:-

• Farms and E-coli O157 in livestock;
• Practices and hygiene in slaughterhouses;
• Practices and hygiene in meat product premises and butchers' shops;
• Food hygiene at the point of consumption;
• Enforcement;
• Surveillance;
• Research;
• Arrangements for the handling and control of outbreaks.

"The following paragraphs set out the Government's intentions under each of these headings.

Farms and E-coli O157 in Livestock

Practices and Hygiene in Slaughterhouses

"Enhanced illustrated guidance for the Meat Hygiene Service (MHS) Operations Manual was published on March 20 1997, dealing specifically with the cleanliness of animals. The MHS has emphasised to Official Veterinary Surgeons (OVSs) at abattoirs that dirty animals should be rejected. Proposals for a sustained publicity campaign are also being prepared. It has also been made clear to MHS staff that no carcase showing any signs of faecal contamination should be submitted for approval as fit for sale for human consumption. This has been reflected in the published MHS performance targets for 1997/98.

"The plan also addresses a number of other points including regular publication of the findings of enforcement activity; an enhanced role for Principal OVSs in the management of OVSs and meat inspectors; additional training in hygiene standards for MHS staff, increased OVS attendance at plants with poor hygiene scores; and intensified audit activity by the State Veterinary Service, including unannounced inspections of premises with Hygiene Assessment Scores of less than 65. Where appropriate, regular and persistent infringement of the rules should result in prosecution, and revocation of licences. In addition, a Government/Industry Working Group has been established to concert the drive to higher standards. This will consider end-process treatments which may further reduce contamination of carcases.

Practices and Hygiene in Meat Products Premises and Butchers' Shops

"So far as Pennington's recommendations for selective licensing are concerned, the premises in question are producers, butchers and wholesalers handling both raw and cooked meats - which are not currently subject to approval under the stringent Meat Products (Hygiene) Regulations 1994.

"A review of the application of the 1994 Regulations and the guidance will be undertaken to clarify the premises to be covered by these Regulations and which should be covered by the General Food Hygiene Regulations 1995.

"Following Professor Pennington's Interim Report, the Government wrote to all Local Authorities in Scotland asking that they target high risk premises and ensure that the necessary hazard analysis plans (based on HACCP principles) are in place. Similar action has been taken south of the border. In order to secure more rapid progress, the Government is prepared to make the necessary resources available to enable Local Authorities to increase their enforcement action and to provide advice to the relevant businesses. Firm decisions on funding will be taken and announced as soon as possible after the election.

"The Government agrees, however, that further action is needed in the short term and proposes to implement, throughout the UK, selective licensing arrangements for premises not covered by the Meat Products (Hygiene) Regulations 1994.

"The Government proposes that the licence conditions should, as recommended by the Pennington Group, include: new requirements in these premises for the physical separation of raw and unwrapped cooked meat and meat products and (wherever possible) use of separate staff;

• training of staff, with basic training of all staff and of at least one person in each business to intermediate level in food hygiene;
• suitability of premises, equipment and hygiene practices to a level equivalent to that required by the 1994 Regulations;
• documentation of hazard analysis, labelling and record keeping to facilitate temperature control and monitoring and for record-keeping by wholesalers to facilitate product recall.

"Where these requirements cannot be met the licence would permit the sale of raw and pre-wrapped cooked ready to eat meat products prepared elsewhere and bought in for that purpose.

"The Government proposes to consult on the detail of the proposed licensing system, including which premises should be covered, the degree of physical separation, and on a proposed timescale for its implementation, bearing in mind the likely costs of compliance. Prior notification to the European Commission under Article 7 of Directive 93/43 will be required.

"In my response to the Interim Report I said that I was asking the Meat and Livestock Commission (MLC) to carry out a practical study of the implications of certain of the Interim Report recommendations (on selective licensing of butchers' premises and the physical separation of raw and cooked meats in those premises). The report was made available to the Expert Group, and is being published by the MLC at the same time as this statement.

Food Hygiene at the Point of Consumption

Enforcement

• at a local level the risk of a particular food hazard is assessed not only in relation to the numbers of people affected but also in relation to the virulence of the organism, the extent of distribution of the food, the vulnerability of the consumer group involved and the confidence in public recall;
• there is a clearer guidance on when Central Government should be notified of a local hazard, the determination reflecting the virulence of organism as well as containment of the outbreak within a Local Authority boundary and the numbers of people involved;
• guidance on the release of information to the media and to the public should make it clear that consideration of the public health interest should be paramount.

"Revised Codes go out for consultation this week. These specific proposed changes have been fast-tracked in the consultation process with a view to issuing the revised guidance to Local Authorities by the end of May 1997.

"The Government accepted the recommendation in the Interim Report that the health risk condition contained in Section 11(2) of the Food Safety Act 1990 should be reviewed. This relates to the grounds on which an Emergency Prohibition Notice may be used to close suspect premises. The clarification in their final report of the Pennington Group's views is helpful. A consultation exercise in Scotland on the adequacy of the existing condition is under way and the Government will look at the issue in the light of that.

Surveillance

"The Government accepts the further recommendations in the final report, including the need for written reports on outbreaks.

Research

Arrangements for the Handling and Control of Outbreaks

"The Government accepts the Group's two further recommendations and will take them forward with the Health Service and Local Authorities.

"Appropriate action will be taken in Northern Ireland to ensure a consistently vigorous approach to public health protection throughout the UK.

"The measures the Government is announcing today should considerably improve public safety and help restore confidence in meat and meat products."