Food (Scotland) Act 2015

Food Standards Scotland

1 Establishment

There is established a body corporate called Food Standards Scotland or, in Gaelic, Inbhe-Bidhe Alba.

2 Objectives

(1) The objectives of Food Standards Scotland are—

(a) to protect the public from risks to health which may arise in connection with the consumption of food,

(b) to improve the extent to which members of the public have diets which are conducive to good health,

(c) to protect the other interests of consumers in relation to food.

(2) The risks referred to in subsection (1)(a) include risks caused by the way in which food is produced or supplied.

(3) Food Standards Scotland must so far as reasonably practicable perform its functions in a way—

(a) which is compatible with its objectives, and

(b) which it considers most appropriate for the purpose of meeting those objectives.

3 General functions

(1) The general functions of Food Standards Scotland are—

(a) to develop (and assist the Scottish Ministers and public bodies and office-holders to develop) policies in relation to food matters and animal feeding stuffs matters,

(b) to advise, inform and assist the Scottish Ministers and public bodies and office-holders and other persons in relation to food matters and animal feeding stuffs matters,

(c) to keep the public adequately informed about and advised in relation to matters which significantly affect their capacity to make informed decisions about food matters,

(d) to keep users of animal feeding stuffs adequately informed about and advised in relation to matters which significantly affect their capacity to make informed decisions about animal feeding stuffs matters, and

(e) to monitor the performance of, and promote best practice by, enforcement authorities in enforcing food legislation.

(2) Food Standards Scotland must so far as reasonably practicable comply with a request by the Scottish Ministers that—

(a) in pursuance of subsection (1)(a), it develops a policy, or assists the Scottish Ministers or a public body or office-holder to develop a policy, in relation to a particular matter,

(b) in pursuance of subsection (1)(b), it gives advice, information or assistance to the Scottish Ministers, a public body or office-holder or another person, in relation to a particular matter,

(c) in pursuance of subsection (1)(c), it informs or advises the public in relation to a particular matter,

(d) in pursuance of subsection (1)(d), it informs or advises users of animal feeding stuffs in relation to a particular matter.

4 Governance and accountability

(1) Food Standards Scotland must so far as reasonably practicable operate in a way which—

(a) is proportionate, transparent and accountable,

(b) constitutes good decision-making practice,

(c) develops and maintains effective links with the persons mentioned in subsection (3), and

(d) is consistent with any other principle of good governance which appears to it to constitute best practice.

(2) “Good decision-making practice” means—

(a) consulting people who may be affected by decisions before taking them,

(b) having good information on which to take decisions and taking decisions based on that information,

(c) recording decisions and the reasons for them, and

(d) making decisions and the reasons for them publicly available.

(3) The persons referred to in subsection (1)(c) are—

(a) the Scottish Ministers,

(b) public bodies and office-holders with functions in relation to food matters or animal feeding stuffs matters.

5 Statement on performance of functions

(1) Food Standards Scotland must prepare for approval by the Scottish Ministers a statement setting out how it intends to perform its functions.

(2) The statement must include information on how Food Standards Scotland intends—

(a) to meet its objectives, and

(b) to operate in accordance with section 4.

(3) The statement must be submitted to the Scottish Ministers by such time as they may direct.

(4) The Scottish Ministers may approve the statement with such modifications as they consider appropriate.

(5) Before approving the statement with modifications the Scottish Ministers must consult Food Standards Scotland.

(6) As soon as practicable after the statement is approved under subsection (4), Food Standards Scotland must—

(a) lay a copy of it before the Scottish Parliament, and

(b) publish it (in such manner as Food Standards Scotland considers appropriate).

(7) Food Standards Scotland—

(a) must review the statement from time to time, and

(b) may in consequence prepare and submit to the Scottish Ministers a revised statement.

(8) Subsections (2) and (4) to (7) apply to a revised statement as they apply to the original statement.