FSA report raises red flags over local authority resourcing

The ‘Our Food 2024’ report (136 pages / 6.1MB) identifies a "clear and present risk to public health, trade and economy" as a result of failures in the local authority official control delivery in Scotland, which it says falls far below statutory requirements.

The report, the fourth annual review jointly produced by the two agencies, indicates that the UK's food sector continues to face significant pressures, particularly in resourcing. Between April and September 2024, 95,000 overdue inspections were identified, including 871 high-risk businesses in England, Wales and Northern Ireland. In Scotland, 17.2% (12,533 out of 72,950) of registered businesses were unrated in December 2024.

Earlier this year the FSA highlighted its concerns about the pressures placed on local authorities to meet inspection targets and the potential impact this could have on standards. In written evidence (6 page / 123KB) submitted as part of a UK government inquiry into whether the local government finance system in England is fit for purpose, it said: “After a long-term decline in numbers, pressure on the local authority workforce of environmental health and trading standards officers continues, with a significant backlog in the number of food businesses awaiting inspection.”

Zoe Betts, a food safety law expert at Pinsent Masons, said the recent findings by the FSA and FSS gave cause for concern for businesses as well as public health. “To be effective, a regulator must be adequately resourced, otherwise the door is open to bad actors,” she said. “Apart from the obvious risk to human health this can present, the absence of an effective deterrent disadvantages the vast majority of compliant businesses.”

The FSA says it is undertaking a series of initiatives to improve the regulatory system and help local authorities make the most of the resources they have at their disposal to support businesses and protect consumers. These include: initial trials with participating large retailers to test if an alternative regulatory model could work; using business intelligence data alongside some physical checks to assess compliance and proactively manage risks and consulting on potential changes to food hygiene checks, including greater use of remote inspections.

From spring 2025, a new, more risk-based approach to food standards inspections will be introduced across both England and Northern Ireland. This approach will strengthen the use of intelligence to better prioritise resources and enhance consumer protection. In Wales, a pilot for the proposed new model has already taken place, and this has now been consulted on.

Notably, the report states that in Scotland "LA official control delivery falls far short of statutory requirements, presenting a clear and present risk to public health, trade and economy".  A new system – the Scottish Authority Food Enforcement Re-Build programme (SAFER) – has been proposed for Scotland to transform "the system for food law regulation and enforcement in Scotland".  It is expected to be launched later this year.

The report, published against the backdrop of an escalating cost-of-living crisis across the UK, indicates that while food prices rose more slowly than overall inflation in 2024, consumers continued to report concerns over affordability.

Betts said the current economic climate makes it even more imperative that local authorities are adequately resourced. “The risks are particularly high at a time of economic uncertainty and a cost-of-living crisis, when the temptation to cut corners may well be higher,” she said. “The report’s comments about delivery in Scotland will be of particular concern to businesses and consumers. The detail of the new initiative there will be awaited with interest.”

Affordability was another key issue addressed in the report, which estimates that over 20% of UK households report food insecurity. In Scotland, recent survey data indicates that children aged 11-15 are still consuming too many energy-dense foods high in salt, saturated fat and free sugars, and too few fruits, vegetables and oily fish. Meanwhile, in England, most children and adults do not consume recommended levels of fruit and vegetables. The report notes this can affect safety behaviour, including cooking foods at lower temperatures, storing at higher temperatures, and eating foods cold to reduce energy bills and save money, which may adversely impact health.

While the number of food and food safety incidents in 2024 remained largely stable, sampling levels remain substantially lower than a decade ago and allergen-related incidents remain an area of concern. Pathogenic microorganisms were the most common hazard, with meat and meat products, and dietetic foods, food supplements and fortified foods also frequently affected.

During 2024, the UK’s food crime units carried out a total of 29 live investigations, with the majority involving meat and meat products. Types of illegal activity being investigated include misrepresentation of country of origin; variety or premium status; diversion of unsafe products into the food supply chain; illegal processing; suspected fraud in relation to counterfeit alcohol and traceability issues in the meat supply chain.

Published 25 years on from when the FSA was established, and a decade since the FSS came into being in Scotland, the two agencies used the report as an opportunity to reiterate their commitment to "remain focused on supporting and exploring new technologies within the sector, without compromising the fundamental need for food to be safe" and to "continue to innovate, collaborate with stakeholders and evolve as trusted and effective collaborators".