Raymond Ellard June 2003 Working Group Managing on Effects

Raymond EllardJune 2003

Working Group

Managing on Effects


Objective

• “To inventarise possibilities to develop methods for managing on effects”


WG Members

• • Miroslava Dundelova Czech Republic• Raymond Ellard Ireland (Chair)• Marijn Colijn Netherlands• Sarita Stensrud Norway• Aud Nergaard Norway




FLEP

• Discussions and Activities– Microbiology– Biotechnology– Chemistry– Toxicology– Surveillance and Monitoring– Food Law


Seldom Discuss Enforcement


““Chicken” Fillets???Chicken” Fillets??? New Variety of ChickenNew Variety of Chicken


Irish people love law enforcers!


Social needs / regulation from E.U.

Effect of (governmental)

policy

Effect of (governmental)

policy

JustificationJustificationEnforcementEnforcement

Effectof enforcement

Effectof enforcement

Regulation byLaw

Regulation byLaw

(Governmental) policy

Other Measures.

Other Measures.

OtherOther


Food Safety Strategies

• Food quality assurance schemes• Food Hygiene Award schemes• Restaurant hygiene rating schemes• Training programmes for the food industry• Campaigns aimed at empowering consumers• Supply chain control• Self regulation by the food industry• Guidance notes• Codes of Practice


OECD

• `…Yet implementation – consisting of strategies such as education, assistance, persuasion, promotion, economic incentives, monitoring enforcement and sanctions – is often a very weak phase in the regulatory process in OECD countries, which tend to rely too much on ineffective punitive threats and too little on other kinds of incentive”


NetherlandsMeasuring Compliance• Measuring compliance of rules on preparing

food• gain insight into motives for non compliance• gain insight in effectiveness of law

enforcement• develop strategy to improve law enforcement• involved 592 cafeterias selected from >8000


Expert Estimate of Compliance

• Ignorant Compliers• Spontaneous

Compliers• Conscious

Compliers• Deliberate Breakers• Ignorant Breakers

IC

SC

CC

DB

IB


Dimensions for ComplianceTable of 11

Spontaneous Compliance Sanction Dimensions Control Dimensions Knowledge of the rules Sanction Probability Control Probability Cost Benefit Sanction severity Detection Probability Level of Acceptance Quality of the rules Selectivity Loyalty of the target group Informal Control

No or minimal Influence Indirect Influence Direct Influence


Operational Criteria

• Impartial and free from conflict of interest

• Ensure effectiveness and appropriateness of controls

• Access to laboratories and qualified & experienced staff

• Facilities and equipment

• Legal powers• Contingency plans• Prepared to operate

contingency plans


Target Groups

• Closed target groups – all potential offenders are known• Semi–open target groups – majority of potential offenders are

known• Open target groups – any persons can be a potential offender• How would the target group act without informal control?• Does food control agencies measure compliance/non

compliance?• If people do not comply, what are the risks?


Enforcement Policies

• Is there an enforcement policy within the food control services in the MS?

• Is it prescriptive? Does it use prosecution or fines?• In defined circumstances?• Is the choice of when and where to enforce left to

enforcement agencies or dictated by the policy makers?

• What are the best or most appropriate instruments for enforcement?

• What are the appropriate penalties?


Other Issues

• An Acceptable Level of Compliance?


Examples of Enforcement

• Norway

• Czech Republic


What’s Happening?

• Spain EN45004

• Switzerland EN45004

• Ireland ISO9001:2000

• UK ISO9000 :1994

• Czech Republic ISO9001:2000 ?

• BIPs – ISO9000


Which Direction?


Recommendations

1. Members begin to share experiences on the organisation of food control programmes, specifically with the aim of ensuring legal compliance.

2. Members participate in the working group3. The Forum provides the working group with some guidance on

future activities e.g.,– Develop a document with some examples from several Member

States. – Make an inventory of the ways Member States make their Annual

plans, combined with the methods and instruments they use. – Set up a pilot project with FLEP Members as an information and

experience exchange using workshops

Documents

Raymond Ellard June 2003 Working Group Managing on Effects