Out-Law News 1 min. read

UK food and beverage firms must take note of FSA food crime assessment


Businesses across the UK should examine the Food Standards Agency’s (FSA) 2024 Food Crime Strategic Assessment and factor its key themes and overarching food crime methods into their risk assessments, an expert has said.

The FSA recently unveiled its 2024 Food Crime Strategy (52 pages / 1.3 KB) aimed at tackling the growing threat of food crime in the UK.

Designed to identify food crime trends and emerging opportunities, the assessment informs the regulator’s response to the most harmful food crime incidents.  It is used to set priorities and identify gaps in knowledge and understanding of food crime and sets out a robust framework for prevention and enforcement.

Seven overarching methods of food criminality are identified: misrepresentation, adulteration, substitution, unlawful processing, waste diversion, theft and document fraud. These activities not only pose significant risk to public health but may also undermine consumer trust and the integrity of the UK food industry.

The deliberate contamination or replacement of food products with inferior or harmful substances, known as adulteration, remains a major concern. This can lead to serious health risks for consumers and significant economic losses for legitimate businesses. The theft of food products and their subsequent diversion into the black market is another critical issue. This not only affects the supply chain but also introduces unregulated and potentially unsafe products into the market. The illegal processing of food products, often in unlicensed and unsanitary conditions, also poses significant health risks. This includes the production of counterfeit goods and the use of unauthorised additives.

The assessment identifies the use of fraudulent documentation to misrepresent the origin, quality, or safety of food products as a growing problem. This type of fraud can deceive consumers and regulatory bodies, making it difficult to trace and control food safety issues.

Zoe Betts, food safety law expert at Pinsent Masons, said: “Vigilance to fraud within affected supply chains will be crucial for both industry and regulators.”

Waste diversion offences are said to present the biggest increased threat since 2020, with a wide range of products targeted for adulteration, substitution and misrepresentation.  Examples include high value meats, vegetables, herbs and spices and alcohol. 

Amongst the overarching methods identified, all are most prominently linked with certain commodities. For example, misrepresentation is most commonly detected in relation to status, origin, or durability date of red meat or poultry. Servicing customer demand for specific culturally preferred productions mainly relating to lamb or pork is seen as fuelling unlawful processing or importing.

“Local authority resourcing is likely to remain a concern and may impact both enforcement and intelligence gathering,” said Betts. “The strategic assessment points to the roll out of a new model for local authority delivery of food standards and controls, designed to help them take a more risk based, and intelligence driven, approach to inspection, as helping to alleviate these resourcing concerns.”

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