EU Food Law: Control and Enforcement SPS

1
EU Food Law Control and Enforcement SPS TBT

• This Presentation will look at the system of
  control and
• enforcement of EU Food Law in Ireland.
• This will include
• Implementation Structure
• Example of Guidelines for Inspection of a Food
  business
• As will be clear from the presentation control
  and enforcement
• covers both SPS and TBT measures
• Under EU Food Law imports from Third Countries
  must have Equivalent systems in place before
  their products may be placed on the market in the
  EU

2
EU Food Law Control and Enforcement SPS TBT

• Example Ireland
• Food Safety Authority of Ireland (FSAI)
• The FSAI is an independent, consumer protection
  agency
• Reports to Minister for Health.
• Its principal function is to
• Ensure compliance with food safety legislation
  and
• Ensure that food produced, distributed or
  marketed in Ireland meets the highest standards
  of food safety and hygiene reasonably available.

3
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• The FSAI is responsible for the
• Co-ordination of inspection services,
• Certification of food,
• Co-ordination of the investigation of national,
  cross border and international outbreaks where
  foods are implicated, and
• The FSAI is the competent authority for Rapid
  Food Alerts.

4
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Control Enforcement
• The FSAI carries out its functions through
  'service contracts' with official agencies to
  enforce EU and National Legistlation. These
  agencies are
• Local and Regional authorities - County Councils
  and City Councils,
• Health Boards,
• Minisitry of Agriculture
• Ministry of Marine and Natural Resources
• Other Government Ministries
• Office of the Director of Consumer Affair.
• These contracts outline an agreed level and
  standard of food safety activity that the
  agencies perform as agents of Food Safety
  Authority. The contracts are for three and a half
  years with reviews at the end of each year.

5
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Example of Guidlines for the Inspection of a Food
  Business
• Definitions Used
• Inspection The systematic independent
  examination of a food business to determine
  whether food safety activities, including
  premises and facilities, comply with legal
  requirements.
• Food Business Any undertaking, whether for
  profit or not and whether public or private,
  carrying out any of the activities related to any
  stage of production, processing and distribution
  of food.
• Food Business Operator The legal persons
  responsible for ensuring that the requirements of
  food law are met within the food business under
  their control.

6
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• The purpose of an inspection is to
• Determine the scope of the business activity and
  the relevant EU and National legislative controls
  that will apply to it.
• Identify the potential hazards and associated
  risks to public health the business poses.
• Assess the effectiveness of process controls in
  place to ensure safe food and the implementation
  of a food safety system based on the principles
  of HACCP.

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EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• The purpose of an inspection is to (Continued)
• Identify the contraventions of and compliance
  with the applicable legislation.
• Consider appropriate enforcement action,
  proportionate to risk, to secure compliance with
  the legal requirements.
• Promote good practice through the application of
  relevant Guidance Notes, Industry Codes of
  Practice and National Standards.

8
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• The inspection process consists of
• Scheduling
• Inspection Preparation
• Conduct of Inspection
• Outcome of Inspection and Determination of Action

9
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Record Keeping
• Food business records should be held for each
  food business subject to
• inspection, containing details of any necessary
  registrations, licences or
• approvals, previous inspections, risk
  categorisation under Code of Practice
• No. 1, details of any enforcement
  actions/prosecutions taken and other
• relevant documents

10
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• High-risk business
• Medium-risk business
• Low-risk business

11
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Risk Categorisation High-risk business
• Businesses where the potential exists to put
  vulnerable groups (infants, the frail elderly,
  pregnant women and the sick) or large numbers of
  consumersat serious risk due to the following
• The nature of the food
• The manner of food preparation or processing
• The facilities provided
• The control system in place.

12
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Risk Categorisation Medium-risk business
• Businesses where high-risk ready-to-eat foods are
  not prepared on site, but
• the scale of the business is large. Such foods
  are as follows
• Shellfish, cooked and raw
• Fish, cooked and raw
• Raw meat such as beef tartar
• Cooked meat and meat products
• Cooked poultry and poultry products
• Cooked-chill and cooked-freeze meals
• Milk and milk products
• Egg and egg products
• Cooked rice and cooked pasta
• Foods containing the above as ingredients

13
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Risk Categorisation Low-risk business
• In general, these are businesses where the
  potential to cause harm to consumers is low.

14
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Scheduling
• Inspections will be carried out using a risk
  based approach which will determine the nature,
  frequency and type of inspection, with due regard
  being given to the nature of the risk presented
  by the business the history of compliance with
  food safety legislation and the outcomes of
  previous inspections.
• Businesses will normally be inspected according
  to a scheduled plan having regard to the targets
  and terms set under the arrangement of the
  service contracts with the FSAI.
• An inspection will ordinarily examine the food
  safety management system operated by the food
  business operator.

15
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Scheduling -Continued
• The food safety management system can be
  considered as having various elements, which will
  include all of
• A. Hygiene prerequisite programme
• B. Supplier control
• C. Process control
• D. Management procedures
• E. Labelling and/or
• F. Food additives

16
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Inspection Preparation
• Prior to an inspection, the inspector will need
  to
• Consider the type, purpose and scope of the
  inspection.
• Review the information held on record about the
  business, including the history of compliance.
• Familiarise themselves with the full extent of
  the business (including specific processes).
• Review the assessed food safety risk the business
  presents and prepare themselves accordingly with
  appropriate records, authorisations and equipment
  to carry out the inspection.
• Inspections will normally be carried out
  unannounced

17
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Conduct of Inspection
• Preliminary discussion with the proprietor/person
  in charge on the purpose, nature and extent of
  the inspection
• Confirmation of the details held on record about
  the business
• An assessment of the extent of the business
  including the customer profile and distribution
  of the product
• Identification, examination and assessment of
  food safety management systems (HACCP based) in
  place
• Observation of the work practices being carried
  out

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EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Conduct of Inspection Continued
• Assessment of the hazards and risks posed by the
  business and the food business operators
  understanding of them
• Assessment of the training, supervision and
  instruction of staff
• Examination and assessment of documentary systems
  in use for food safety management including
  supplier control
• Discussion with staff responsible for monitoring
  controls and initiating corrective actions to
  assist in assessing the effectiveness of control
  measures in place

19
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Conduct of Inspection Continued
• Physical examination of the premises, equipment,
  installations, machinery and records of
  measurements and checks carried out, as well as
  the food on the premises
• Taking of samples and carrying out other
  verification checks such as temperaturesClosing
  discussion outlining any identified control
  failures, statutory non-compliances, corrective
  actions and recommendations on good practice.
• Recommendations on good practice should be
  clearly distinguished as such.

20
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Outcome of Inspection and Determination of Action
• Actions to be taken as a result of an inspection
  will be determined by the legal requirements,
  nature of the risk and the history of compliance
  of the business.

21
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Outcome of Inspection and Determination of Action
  -Continued
• Examples of Area where infringements occur
• General Hygiene
• Microbiological Contamination
• Other Contamination
• Composition
• Labelling/Presentation
• Hygiene Training
• Risk Assessment/HACCP

22
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Outcome of Inspection and Determination of Action
  -Continued
• Infringements can be divided into the following
  three categories
• 1. Minor An infringement where the risk to food
  safety is of low magnitude and can be rectified
  and contained easily.
• 2. Significant An infringement which may pose a
  serious risk but not a grave and immediate danger
  to public health.
• 3. Serious An infringement where there is grave
  and immediate danger to public health.

23
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Outcome of Inspection and Determination of Action
  -Continued
• An infringement should be based on assessment of
  risk.
• The following factors may be considered
• The history of the food business in complying
  with food legislation.
• The most recent report of a visit to the
  business.
• Size of premises and scale of operation.
• Nature and extent of the food business.
• The type of food.
• The nature of the handling or processing.

24
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Outcome of Inspection and Determination of Action
  -Continued
• Continued from previous slide
• The structure, layout and condition of the
  presmises
• Operational hygiene
• The control system in place.
• The confidence in the managements ability to
  manage food safety.
• Culture of food safety within the food business.
• The customer base of the business (vulnerable
  groups).
• Staff training and hygiene (including exclusion
  of ill food handlers).

25
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Outcome of Inspection and Determination of Action
  -Continued
• The outcome of the inspection will determine the
  action required.
• A. Outcome Satisfactory
• Action Communication verbal and/or written
  advice.
• B. Outcome Minor Infringement
• Action Communication verbal and/or written
  advice.
• .

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EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Outcome of Inspection and Determination of Action
  -Continued
• The outcome of the inspection will determine the
  action required
• C. OutcomeSignificant Infringement
• Action Written communication requiring
  action e.g. warning
• letter,Notice or Order legal
  action
• D. Outcome Serious Infringement
• Action Closure Order, Prohibition Order,
  seizure or destruction
• of food and prosecution

27
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Types of Inspections
• Programmed Full Inspection This will be
  conducted to consider all of the aspects in each
  of the 4 elements of the food safety management
  system
• Programmed Surveillance Inspection A Programmed
  Surveillance Inspection will cover at least one
  aspect of each of the 4 elements of the food
  safety management system and may include at least
  one aspect of either of the additional elements
  as appropriate.

28
EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Types of Inspections -Continued
• (c) Other e.g. Advisory VisitsOther visits may
  include visits of an advisory nature or
  inspections which are such that the focus is on a
  specific part of a process and not of the extent
  or detail as described above and any other
  inspection visit which does not fit into either
  of the above categories
• (d) Follow-Up Inspections These are scheduled to
  coincide with the specified action times on
  contraventions noted in previous inspections,

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EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Types of Inspections -Continued
• (e) Complaint Inspections Inspections as a
  result of complaints can be considered in the
  same way as follow-up inspections.
• (g) Registration / Licensing / Approval
  Inspections for registations will also take place

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EU Food Law Control and Enforcement SPS TBT

• Food Safety Authority of Ireland (FSAI)
• Inspection Frequency
• High-risk three times a year
• Medium-risk twice a year
• Low-risk once a year