Notes from from Katie's report (including market authorisation, CBD, NLR and recycled plastics), also discussions on BTOM one year on and foodborne disease work on thresholds.

FSA Board Meeting - March 2025 Notes

Katie Update:
National Food Crime Update (NFCU) – powers changed to tackle food crime in 2 statutory instruments Police and Criminal Evidence Act 1984 (PACE) and the Criminal Justice and Public Order Act 1994 (CJPOA). Authorised food crime officers will be able to use investigatory powers under PACE and CJPOA, which relate to the securing of search warrants, aspects of evidence handling and suspect interview (but not powers of arrest) from 1 May 2025.


Market Authorisation Update
The statutory instrument was passed and will now come into force on 1 April. Work is ongoing to develop further proposals to streamline the market authorisation service. Overall it will save time on the process and there will be better case load management. Detail will be in a future board meeting.


Update on CBD Applications
The FSA and FSS have published five additional safety assessments for CBD applications (for more purer forms) since the last Board meeting. The FSA have been progressing the three frontrunner CBD applications with published risk assessments through our risk management process. FSA officials have provided additional information to the Board on how THC levels could be addressed as part of the terms of authorisation. Once the draft risk management recommendations are developed, the next step will be a 12-week public consultation, ahead of advice being provided to Ministers in England, Wales and Scotland. Is quite a complex process, so will require scrutiny.


Cell Cultivated Products Sandbox
A regulatory sandbox was launched on 10th March – there is £1.6 million funding to the FSA and FSS to run this for 2 years and support innovation. Consumer surveys for engagement and see what they feel about CCPs was mentioned. This is similar to Precision Breeding and the FSA will incorporate views in to future guidance and other information.


Food Standards Model & Improving Local Authority Delivery
Comes in force 1st April 2025. 2/3rd of businesses will have moved to the new model by Summer and the FSA can report better in September 2025.


NLR
Was briefly mentioned and that the February stakeholder groups were positive. The emphasis of ‘Better Regulation’ from government was commented on and the board hopes the plans due in June are ambitious. ACTION: members to share any feedback to technical leads for the FSA CEO technical leads call on 3rd April.


Recycled Plastics – FSA the Competent Authority for GB
The FSA will undertake the Competent Authority (CA) responsibilities under Commission Regulation (EU) 2022/1616 on recycled plastic materials and articles in contact with food. This role will facilitate the trade of recycled plastic materials for food contact use within the EU market. They are already doing this in Northern Ireland and will take on this role in Great Britain (GB) (had approximately 23 applications so far).
One of the main CA responsibilities will be to establish an auditing programme to enable consistent Official Control checks – this is expected to commence in September.


In addition, the FSA will carry out a review of technical documents that are submitted as part of the EU’s application process. This work will commence next month.


The FSA intends to write to plastic recyclers to confirm that the FSA will undertake the CA responsibilities and outline next steps.

ACTION: Devina to monitor and follow these next steps in the FPVCA group and also from Tim’s FSA updates in the Emerging Risks WG.


ACTION FOR ALL ABOVE: Devina to update the Regulatory Watchouts document where required.


Border Target Operating Model – One Year On:
Across the system the FSA shared the BTOM has been a positive contribution on the management of food and feed safety risks for EU imports. Although a Defra lead, there has been a significant amount of work.
The UK have EU health certificates for medium and high risk products that we didn’t have before. Also official controls where there is a serious public health risk. But work is not all complete and the FSA is working with Defra on the EU reset. The government will be providing an update on West Coast Controls in the summer. On concerns raised, the FSA and Defra have meetings due, including with Baroness Hayman, and will engage with all stakeholders.


Legislation: new primary legislation not likely to be in place until mid to late Summer 2025 or later. ACTION: Devina to check this is on the Regulatory Watchouts document.


The Trusted Trader scheme operated on 4 business was useful, but the plans were put on hold and will now not proceed.


The NFCU is working with FSA and Defra on illegal meats, which is a concern at the moment. More work is being looked at for illegal smuggling routes. FSA is sharing intelligence, looking in to the groups encouraging these illegal imports and if more comms is needed. The next steps included discussions on a look at whether a strategy is needed to support Defra.


ACTION: BRC and members to keep up to date and continue to raise concerns via BTOM catch up meetings and Defra meetings.


Food Borne Disease Monitoring:
The FSA shared levels of food borne disease remained stable, but how it’s important to get the levels down.
In a review, thresholds remain a valuable tool and are supported by the board. Proposals were mentioned for thresholds for salmonella, campylobacter, listeria monocytogenes and STEC.


STEC O157 is the current focus on the diagnostics and reporting, and the board discussed the need to cover other STEC serotypes.


Listeria was mentioned in vulnerable groups and a suggestion to target hospitals to reduce levels. It was noted that there is a UKHSA led listeria programme in hospitals and there is a better understanding on the supply chain and getting specific products out of hospital settings. It was stressed that ready to eat food is safe and produced to required levels for listeria, however the risk is when food is served and the time until it’s then consumed by the vulnerable groups. Also that low levels are still a risk for vulnerable groups.
Data is suggested to be reviewed every 5 years, but the board concluded this is a benchmark. If there is a new strain, or consideration of data like from the IID3 survey (due next year), or as things evolve, like better detections in STEC, this would be reviewed earlier than the 5 years. PATH-SAFE an important programme in this work and will continue to contribute to this work through FSA and other government departments.
It was noted that there is broader work with the Science Council and if there can be any further interventions. Also looking at what other countries are doing, including the FSS who don’t use thresholds.

 The FSA will consider all work and discuss in about a years’ time. Also looking on a wider spectrum/consider broader intelligence on incidents and foodborne disease.


ACTION: Devina has asked PATH-SAFE to attend a future Micro WG to update on future work they proposed, including on STEC.
ACTION: Devina to ask FSS on thresholds in future catchups.
ACTION: Members to discuss any work like listeria in upcoming meetings.

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