Rural Development Sub-Committee
Welsh Assembly Government Response to the Rural Development Sub-Committee Inquiry: Animal Welfare and Meat Hygiene
September 2010
Executive Summary
I welcome the Committee’s report on its Inquiry into Animal Welfare and Meat Hygiene. The Deputy Minister for Social Services, as the Minister with responsibility for the Food Standards Agency (FSA), has an interest in this report from a public health perspective. The Deputy Minister’s view on these proposals is one of ensuring that the health of the public is protected and safeguarded and is not in any way put at risk by developments on meat hygiene inspections. As Minister for Rural Affairs, I share these views but have wider interests including impacts on the meat industry and the particular difficulties that rural abattoirs might face in terms of fair competition. The Foods Standards Agency has provided a significant input to this response as it has lead responsibility for food safety matters.
My officials lead on new EC Regulations being introduced from 1 January 2013 (1099/2009 on the protection of animals at the time of killing). This Regulation requires Food Business Operators to focus on animal welfare. The Regulation will require Food Business Operators to take a greater responsibility but audit and inspection will still be carried out. Implementation of the new Regulation will be on the basis of risk based assessment.
The Rural Development Sub-Committee has made in total 8 recommendations and the response to each of these is set out below:
Recommendation 1: The Committee believes that the contract model of hiring veterinarians should be revisited, and the possibility of moving to direct employment of veterinarians by the FSA considered. The Committee calls on the Welsh Government to put pressure on the FSA to revisit the issue by means of an independent review to consider whether alternative models would better deliver the necessary expertise and experience among veterinarians.
Response: Rejected
While the government agrees with the committee that it is important that we have the necessary expertise and experience amongst veterinarians, we do not believe that in the current economic climate and in the light of public sector cutbacks, the time is right for an independent review of models for the provision of Official Veterinarians (OVs).
From a public health perspective, the Welsh Assembly Government’s Health Protection Division is content with the current system of the contract model. There is no compelling evidence that the use of Contract Veterinarians in preference to employed Veterinarians has had any impact on the public health protection provided in delivering Official Controls.
Financial Implications: - The costs for this service are met by the Food Standards Agency from within its existing budget allocation. Reimbursement is then sought from the meat industry.
Recommendation 2: The Committee urges the FSA to investigate ways of ensuring greater efficiencies in the way SRM and TSE controls are enforced. This should include learning from how the controls are implemented in other EU member states, including alternative methods of spinal cord removal.
Response: Accepted
Welsh Ministers are of the view that SRM should be recorded by Food Business Operators and audited by the relevant authority. Government Departments have a responsibility to ensure that provisions are in place, whilst Food Business Operators need to be fully compliant with existing legislation and most importantly the protection of public health. The Welsh Assembly Government recognises that whilst it’s useful to learn of new technical developments from other EU Member States, current high standards must be maintained.
The Welsh Assembly Government considers that the FSA has met this recommendation from the action that has been detailed below. The FSA continue to look for options to progress the possibility of allowing alternative removal methods.
Over the last three years, the FSA has implemented efficiencies in the way SRM and TSE controls are enforced and is actively investigating alternative methods of spinal cord removal.
In July 2007 the FSA Board agreed to the introduction of a more risk based audit and inspection regime for official SRM controls in under 30 month cattle and sheep. These were implemented on a stepped basis, with monitoring at each stage to ensure FSA was able to demonstrate no diminution of control before the next stage was introduced. In May 2009 the FSA Board agreed to extend this approach to controls on cattle aged over 30 months. Implementation of this further phase of changes, which included a significant reduction in the checks on cattle identification, was completed in April 2010.
In addition, the FSA has recognised that the UK requirement to split sheep carcases over 12 months of age in order to verify complete removal of spinal cord has a financial impact on the industry. The FSA is in the process of reviewing this policy. FSA officials have visited France and the Netherlands to see alternative methods of spinal cord removal in use in a commercial situation. This visit revealed that some of the methods in use could be effective in removing spinal cord although none would guarantee complete removal as required by EU legislation.
The FSA held a Stakeholder Meeting on 11 June 2010 to discuss a number of options for progressing the suitability of alternative removal methods in the UK while maintaining a high level of compliance with EU SRM controls. At the meeting it was agreed that a joint industry/FSA Task Group would be set up to organise and run a trial of alternative methods in some UK plants to establish their effectiveness, and to consider the possible controls on their use that might be needed in order to provide a proportionate and effective alternative to carcase splitting.
Financial Implications: The costs for this service are met by the Food Standards Agency from within its existing budget allocation.
Recommendation 3: The Committee calls on the Welsh Government to review the impact of the Food Hygiene (Wales) Regulations 2006 on the cleanliness of animals presented for slaughter. If necessary and appropriate the regulations should be amended to give Official Veterinarians and Meat Hygiene Inspectors greater powers to prevent dirty animals from being presented for slaughter.
Response: Rejected
Welsh Ministers consider that sufficient powers exist to prevent dirty animals being presented for slaughter and to avert the creation of a hazard to public health. A review is therefore considered unnecessary.
The FSA agrees with the Committee that the cleanliness of animals presented for slaughter is an essential requirement and that action needs to be taken where dirty animals are presented for slaughter. However, the FSA is content that its staff currently have sufficient powers to prevent dirty animals from presenting a hazard to public health, and that a review is unnecessary.
Article 5 of Regulation 852/2004 requires that food business operators (FBOs) put in place, implement and maintain a permanent procedure based on hazard analysis and critical control point (HACCP) principles, which will include identification of any hazards (such as dirty livestock) that must be prevented, eliminated or reduced to acceptable levels. Regulation 853/2004 requires, under objectives of HACCP based procedures, that each lot of animals accepted onto slaughterhouse premises is clean. Regulation 854/2004 requires the Official Veterinarian to verify the duties of the FBO under 853/2004 to ensure that animals presenting an unacceptable risk of contamination of meat are not slaughtered for human consumption unless cleaned beforehand.
Where the Official Veterinarian identifies such a risk, they will require the FBO to take action outlined in the HACCP based procedures, such as keeping dirty animals on fresh bedding overnight, clipping, or slowing the rate of production. The Official Veterinarian will take enforcement action where FBOs do not comply.
Financial Implications: The costs for this service are met by the Food Standards Agency from within its existing budget allocation.
Recommendation 4: The Committee urges the Welsh Government to ensure that the legislation that brings the Regulation into force in Wales makes clear the respective roles of AWOs and OVs. The Committee also calls on the Welsh Government to consult fully with the red meat industry and other interested parties before bringing forward the legislation.
Response: Accepted
The Welsh Assembly Government will consult with stakeholders including the Meat Industry and Food Business Operators about domestic legislation used to implement Council Regulation (EC) 1099/2009 on the protection of animals at the time of killing that comes into force on 1 January 2013. The role of the Animal Welfare Officer and Official Veterinarian will be considered along with the Standard Operating Procedures (written instructions aimed at achieving uniformity of the performance of a specific function or standard).
The Welsh Assembly Government and FSA will work closely with the UK Government working group which has been tasked to work with the industry to define and develop good practice. This work will include giving clarity on the roles of the Official Veterinarian and the new requirement for FBOs to appoint a specific person responsible for animal welfare in all slaughterhouses above a minimum size.
Financial Implications: Financial implications will be considered as part of the Regulatory Impact Assessment undertaken during the wider consultation process.
Recommendation 5: The Welsh Government should set up a review group, including representatives from all parts of the meat industry, to look at the effectiveness of how current legislation is being enforced in Wales. The review should consider what reforms are possible, within the current EU legislative framework, to ensure that the highest standards of animal welfare and meat hygiene are delivered in the most efficient manner.
Response: Reject
The Welsh Assembly Government considers that a review is not justified at this time. However, the FSA has introduced a new operational structure over the past 18 months which is addressing this concern, and operational policy continues to be reformed, including the development of a compliance and enforcement strategy.
The FSA has also recently set up a new Stakeholder Group on Current and Future Meat Controls to consider these very issues, including to:
identify, prioritise and develop proposed changes to current meat hygiene requirements, TSE/SRM requirements and/or related official controls that can be delivered in the short to medium term (1 – 3 years) either within existing EU legislation or, subject to European Commission/Parliament agreement, with minor changes to EU legislation; and
identify, prioritise and develop proposed changes to meat hygiene and TSE/SRM official controls to inform and influence European Commission work to modernise controls for delivery in the longer term (5 years plus).
The Assembly Government has been invited to nominate a representative to sit on this Group and officials from the Rural Affairs Department now attend the meetings.
The Welsh Assembly Government is also a member of the UK Policy Working Group that includes representatives from the meat industry operational partners to review current legislation and prepare domestic implementing regulation and standard operating procedures to ensure a consistent approach across borders.
Financial Implications: - Recommendation rejected - No financial implications
Recommendation 6: The Committee urges the Welsh Government to use all means at its disposal to prevent the FSA from implementing full cost recovery and removing its subsidy to the industry until an alternative mechanism for subsidising the cost of controls had been put in place.
Response: Accepted
The Welsh Assembly Government and DEFRA have held initial, constructive discussions with FSA over how the industry, particularly the small to medium sized abattoirs, in Wales might be protected in the future.
The FSA Board has determined that the continued provision of a subsidy to the meat industry is inconsistent with the Agency’s position as regulator; if a subsidy is to be continued to be provided it should come from elsewhere. Providing the best possible protection for consumers from food risk should not be based on economic circumstances or the ability of the meat industry to pay. A number of options have been developed to deliver the Board’s decision.Initial discussions have been held with officials from Rural Affairs Departments across the UK,and a UK-wide stakeholder group (which includes representation from Wales), is being established to consider options further. In a meeting between the Assembly Government’s Rural Affairs Minister and Deputy Minister for Social Services with the FSA it was agreed there would be a consultation soon to consider industry subsidies and alternative mechanisms for subsidising the cost of controls.
The FSA is aware of its statutory obligations to consider the interests of businesses with a low throughput, and the action incumbent on it in the Welsh Assembly Government Food, Farming and Countryside
strategy to work with WAG and Hybu Cig Cymru to devise a charging regime that is fair for small abattoirs. The future funding of UK meat controls will be subject to full formal public consultation with the meat industry, UK Government stakeholders and consumer representatives.
Financial Implications: - Financial implications will be considered as part of the Regulatory Impact Assessment undertaken as part of the consultation process.
Recommendation 7: The Committee recommends that the Welsh Government develop a mechanism for subsidising the industry that will secure the future of Welsh abattoirs, with support being prioritised for small and medium sized operations which serve local markets.
Response: Accept
Early discussions have already taken place between the FSA, Welsh Assembly Government, DEFRA and the other Devolved Administrations about how the industry, particularly the small to medium sized abattoirs (including those in Wales) might be protected in the future. Discussions are at an early stage and are ongoing. A key consideration in these discussions is that nothing should be considered that would compromise public health controls.
Financial Implications: - Financial implications will be considered as part of the discussions between the FSA, Assembly Government and other Devolved Administrations and DEFRA.
Recommendation 8: The Committee calls on the Welsh Government to look into the possibility of devolving responsibility for enforcing animal welfare and meat hygiene legislation in respect of animals at slaughter to it, and to request the transfer of powers from the UK Government should the Welsh Government’s review find that such a move would be beneficial.
Response: Accepted in Principle
Welsh Ministers accept in principle the call to look at the possibility of devolving responsibility in this area to Wales. However detailed investigation would need to be undertaken before a proposal of such devolution could even be considered. This work would include an examination of the implications of devolution, including the legislative changes required and the potential impact on human health protection in Wales and across the UK. No changes should be considered that may jeopardise current levels of protection for human health.
As the UK’s Central Competent Authority in this field, the FSA believes that devolving responsibility for enforcing animal welfare and meat hygiene legislation could mean that Wales loses the benefits provided by the current GB inspection/official controls service, including:
Common standards and approaches to achieving FBO compliance and effective enforcement across UK;
Efficiency gains from contracting on a cluster basis that best matches with FBO locations rather than country boundaries; and
Targeted infrastructure – finance, procurement, HR and IT – to support front-line delivery.
FSA does keep its operational structure under review however and is currently considering options following its recent creation of a UK-wide Operations Group.
The EC 1099/2009 Regulation will apply to all animals killed in a slaughterhouse, on farm or for disease control purposes. It will ensure that animals (including poultry and fish, but excluding reptiles and amphibians) are spared any avoidable pain, distress or suffering. Animals (other than fish) must be killed by a method that leads to instant death or death after stunning.
The EC 1099/2009 Regulation recognises the importance of self regulation and a greater responsibility will be placed upon the Food Business Operators. However, a robust audit operating process must be in place to ensure that the standards are applied consistently in Wales across the UK and in Europe. By ensuring consistent cross borders enforcement and policy we will benefit from economies of scale and be clear legislative responsibilities
Risk assessments will be developed and employed as part of the implementation of the new EU Regulations that recognise and benefit compliant and proactive Food Business Operators.
Note: Te provisions of the Welfare of Animals (Slaughter or Killing) Regulations 1995 were transferred to the National Assembly for Wales by the (Transfer of Functions) Order 1999. These powers were then transferred to Welsh Ministers by the Government of Wales Act 2006. The Food Standards Agency delivers the enforcement provisions on behalf of the Welsh Assembly Government.
Financial Implications: Financial implications would be considered as part of the Regulatory Impact Assessment undertaken if the principle of devolution is pursued.
September 2010
