NEW regulations intended to improve Jersey’s food safety requirements and provide “a clearer legal mechanism for action against non-compliant businesses” have been adopted.
Outlining the new legislation during yesterday’s States sitting, Environment Minister Steve Luce cited a responsibility “to support consumer safety, promote business accountability and ensure that Jersey’s food laws are modern, coherent and enforceable”.
The more notable of the legal provisions put forward by Deputy Luce include the introduction of mandatory allergen labelling, as well as the updating and consolidating of existing food hygiene legislation and the introduction of a food licensing scheme.
Deputy Luce noted that this would be risk based, with those who demonstrated “strong compliance” through robust internal food safety systems or external accreditation potentially benefitting from “reduced inspection frequency” and, “if the Assembly suggested and supported a charging arrangement in the future, lower fees”.
He told States Members: “Jersey is unusual in not having a single clear, modern licensing structure for all food premises under the current registration arrangements.
“Registration is free, and there’s little incentive for business to liaise with us and therefore allow us to keep our records up to date.”
The minister continued: “Businesses often change the nature, the scale or the scope of their operation and we are often not informed. This can hinder effective communication, and ultimately poses risk to public health.
“Elevating the current registration system to a licensing scheme would raise the perceived importance of food safety compliance, provide a clearer legal mechanism for action against non-compliant businesses and support a graduated enforcement approach based on risk and behaviour.”
Deputy Luce also contended that the requirement to gain a license “would act as a barrier to entry for poorly prepared operators”.
He added: “Revoking a license would be a last resort used only when all other efforts to secure compliance have failed.”
Deputy Hilary Jeune, who chairs the Environment, Housing and Infrastructure Scrutiny Panel, said that that “modernising Jersey’s food regulatory framework is both necessary and welcome”.
“Food safety, allergen labelling and hygiene standards are fundamental to protecting public health, and the Island’s legislation must keep pace with modern expectations and international practice.”
The panel had, however, proposed removing the minister’s ability to levy fees for licences, citing concerns raised following industry consultation about a lack of “clear evidence, transparency and careful design” around how it would work in practice – but this was rejected by States Members.
The regulations were adopted in third reading by 44 votes in favour with three abstentions.
