Food and Feed (Miscellaneous Amendments) Regulations 2022

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 29th November 2022 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank my noble friend the Minister for bringing forward the statutory instrument this afternoon. While I am, overall, in support of the regulations contained in the instrument, I have two brief questions.

The Government seem to have a certain resistance to the labelling of food—whether it contains GMO, gene- edited or other ingredients. I note with some interest that the Explanatory Memorandum at paragraph 7.6 says that, until we adopt the regulations before us this afternoon, there has been a requirement to use a “Do not eat” pictograph on the products referred to in that paragraph. I would be interested to know the differences between a pictograph and a label. As we move towards adopting our own regulations—as I understand is the Government’s intention going forward—will the Government look favourably on clearly labelling food- stuffs of interest to the consumer where they contain ingredients made from GMO, gene-editing or any similar method, such as in novel foods, which are also referred to here?

It would be interesting know what purposes are intended for the edible insects—they sound most appetising, or perhaps not—which are referred to throughout the regulations. Are they for human, animal or pet consumption? For what purposes are they used?

My last question is: which authorities will implement the regulations before us this afternoon? Will it be the environmental health officers of local authorities? Does my noble friend share my concern that the way that such regulations are being implemented across England, in particular, is patchy owing to the fact that budgets are, obviously, under extreme pressure at the moment? I would be interested to know which will be the implementing authority.

I said that was the final question; I lied. I would like to ask one more question if I may. What will happen to this regulation—and, presumably, one to come for Northern Ireland should this one not apply to Northern Ireland—under the provisions of the retained EU law Bill?

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction to this very interesting statutory instrument, which does, as its title indicates, cover a real bag of miscellaneous items.

The SI provides for the first time for edible insects specific to Great Britain to remain on the market until December 2023. I could not think of an insect specific to Great Britain that I would wish to eat. Having searched the internet, I found that I could buy crunchy crickets and other delicacies, but these did not appear to be indigenous to Great Britain. Can the Minister tell the House to which edible insects this regulation actually relates?

Further on in the Explanatory Memorandum, there is reference to

“regenerated cellulose film intended to come into contact with foodstuffs”.

Having had discussions in the past with the then Minister for Defra, the noble Lord, Lord Goldsmith, about the possibility of recycling this film, I was interested to see it popping up here with conditions for how it was to be used but, sadly, no mention of how it might be recycled.

In Part 3 of the regulations, Regulation 8 covers the use of

“additives for use in animal nutrition”,

which should be fairly straightforward, one would think. A definition of “veterinary medicinal product” used in this context covers

“any substance … having properties for treating or preventing disease in animals”.

However, the definition of “substance” is:

“any matter, irrespective of origin, which may be … human, including human blood and human blood products”,

or “

“animal, including micro-organisms, whole animals, parts of organs, animal secretions, toxins, extracts and blood products”.

Are these really to be used to treat animals that are sick?

Schedule 3 to the regulations lists feed materials that may be included for animals. These include:

“All the fleshy parts of slaughtered warm-blooded land animals … and … all products and derivatives of the processing of the carcase or parts of the carcase of warm-blooded land animals”.


I can see the benefit of this for a safari park or a zoo but, perhaps, not so for farm animals or companion animals. Is the Minister satisfied with the rigorous testing of these products and that no further incident such as occurred with the outbreak of BSE, when sheep brains were fed to cattle, could occur in the future?

New paragraph 1A(i) in Regulation 9 refers to the health hazard of parasites in fishing grounds but makes no mention of whether the discharge of sewage into fishing grounds could be a hazard. I will not ask the Minister to comment on that.

Lastly, Regulation 19 deals with the authorisation of genetically modified materials and appears to extend that to 30 December 2025. Why could that extension not have been included in the precision engineering Bill, which is currently making its passage through the Lords? Are such products to be labelled as genetically modified? The noble Baroness, Lady McIntosh, has already referred to labelling.

As I have said, this SI covers a large number of issues, too numerous to mention today, and contains some corrections of previous errors. While I find some of the SI extraordinary, I do not oppose its passage.

[Baroness Merron (Lab)]

My Lords, I thank the Minister for introducing the regulations and the thinking behind them. I accept the assurances that he has given. We on these Benches welcome the regulations, which are about trying to correct the drafting errors and inconsistencies that have inevitably emerged. I say that with no criticism; this is a complex area, and there is a need to tidy up regulations following exit from the European Union.

It is perhaps timely to take this opportunity to praise the work of the Food Standards Agency, and to note that it is one of the strange things about the changes introduced by the Government that Health Ministers now find themselves talking about animal feed. I am sure the Minister is delighted to do so, and I myself have certainly learned a lot today in preparation.

I turn to the regulations. The instrument generally maintains existing regulations and does not introduce new requirements, exactly as the Minister has said. I note that no concerns were raised by the Joint Committee on Statutory Instruments or the Secondary Legislation Scrutiny Committee, so I am sure that is cause for celebration on the Government Benches.

We in this country have a good food safety system, and this SI, as others may do, simply tries to ensure that that continues. The problem is of course that the world did not stop when it came to the implementation period completion day. As paragraph 7.13 of the Explanatory Memorandum tactfully puts it, “certain difficulties” emerge,

“especially in relation to the approval of new, or amendment of currently authorised, substances.”

Could the Minister help by elaborating on the difficulties that are posed and any potential costs? What happens with regard to trade when we operate to different standards from those of our near neighbours? The SI addresses the administrative challenge but does not seek to solve the problem.

Similarly, where the review process is described in paragraph 7.15, it would be helpful if the Minister could clarify the circumstances in which the Food Standards Agency will be required to review the operation and effect of the regulations. If, for example, a new extraction solvent is approved in the EU, does that automatically trigger a review? Will the Food Standards Agency be required to undertake additional processes to deliver on that? If so, has an assessment been done of whether the FSA has the capacity to undertake such duties, or can the Minister advise whether the FSA will be getting additional resources?

There is the issue of the “Do Not Eat” pictograph, which is referenced in paragraph 7.22. This states that we cannot use it because of “uncertainty” over the intellectual property rights applying to the ownership of the picture, which seems a bit strange because there must be similar cases of artwork where such provenance is uncertain. Was it asked whether we could use it, and was any uncertainty flagged up at the time? How much would a licence have cost? It is probably right to say that it seems a strange way to proceed if we cannot agree on joint use of an existing symbol to promote food safety. That suggests some problems on which the Minister may wish to comment.

I want also to reference the need to reinstate powers to extend the transitional period for the trace presence of withdrawn genetically modified organisms. There is considerable interest in genetic modification, as we know, and some concern that rules on imported products are inconsistent with rules governing domestic production. Can the Minister say a little about the scale of the issue? For example, just how much oilseed rape is there with traces of the withdrawn GM products referenced in this case?

If the Minister is not able to answer the detail of the points that I have raised, I will be pleased to hear from him in writing. We from these Benches certainly welcome the statutory instrument, and thank him and his team for their efforts.

Folic Acid

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 23rd March 2021 Lords Chamber

[Lord Bethell (Con)]

I am grateful to the noble Baroness for reminding me of my words on that matter. I will endeavour to find an answer to her very particular question. I worry that the very large amount of engagement we have had to do on Covid, particularly around marketing, has drowned out some of the messages that we have put through to people on these very specialist issues. I will find out from the department what progress has been made and will be glad to update her.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, Britain has a relatively high rate of preventable birth defects linked to low folic acid—around 1,000 pregnancies are affected every year. The Government are aware of this but do nothing, and it is scandalous that this tragedy could be prevented by the mandatory fortification of flour with folates. The burden on mill owners appears to be more important to the Government. When are the Government going to stop letting women down in this way at one of the most vulnerable times of their life?

[Lord Bethell (Con)]

My Lords, I accept the passion with which the noble Baroness has made her case, but it is not fair to say that we have done nothing. The consultation is in place, policy-making is being undertaken and the engagement with mill owners is well progressed. I am hopeful that we can make progress in this area.

Food-related Crime

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 22nd February 2021 Lords Chamber

[Lord Bethell (Con)]

My Lords, the NFCU has done an enormous amount in working with stakeholders. Although it is a relatively small unit, with just 80 individuals, it works extremely closely with trading standards officers in local authorities and with policing authorities up and down the country. It leverages its expertise, and we hope to be able to augment that expertise with investigatory powers so that it can relieve police forces from some of the application of justice in this area.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, a steady supply of nutritious food is essential, not only for those recovering from Covid but for those who are struggling due to losing their job or having been furloughed. Queues at food banks are extensive. Food crime is very serious, so can the Minister provide assurance that it will not affect the supply of food to those who are most in need?

[Lord Bethell (Con)]

My Lords, the focus of the unit tends to be on either food that is unfit for human consumption, such as in the horsemeat scandal of 2013, which the noble Baroness will remember, or on the passing off of low-quality food with a higher-quality label. It is not involved in addressing the theft of food. However, I agree with the noble Baroness that getting good-quality food to all the population is a priority, and that is one of the Government’s priorities.

Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 14th October 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I begin by extending my congratulations and sympathy to the Minister, the noble Lord, Lord Bethell, on his patience and stamina in dealing with the numerous questions and debates that Covid-19 has generated. Having to answer in three separate debates on the same subject on the same day seems above the call of duty.

I am lucky to live in Somerset, which has a very low R rate and is on the medium alert level. My London accommodation is also on a medium alert level. I get regular emails from the council on what is happening and how it is tackling the issues. I just hope that going backwards and forwards to Somerset does not jeopardise Somerset’s R rate. At this stage, I should probably declare my interest as a vice-president of the LGA.

I have read the instrument—No. 1103—and the Explanatory Memorandum, and I have a number of questions. Paragraph (2) of Regulation 2—headed “Interpretation”—states:

“For the purposes of these Regulations, references to a ‘local authority’ include references to a county council.”


Can the Minister clarify whether this means that all councils, districts and unitaries, are covered by this? On further reading, it is obvious that local authorities will have a very big part to play in protecting and maintaining their areas at medium level.

The dashboards circulated this morning are extremely useful but do not give quite the level of detail that is contained in the instrument. Residential care is open to visitors but subject to care provider guidance. On the radio this morning, there were some heart-rending stories of relatives who have loved ones with dementia not now being able to visit, whereas previously they had visited daily. Those with dementia are particularly hard hit; they do not understand what is happening and why they appear to be being punished. Their loneliness and isolation are more than they can bear. Would the Government consider working with the residential care sector to provide guidelines to allow those suffering from dementia greater safe access to their relatives?

I am somewhat confused by the paragraph on linked households; other noble Lords have referred to this. I may not be the only one in the country who is confused. The paragraph states that a household of one adult and children under 18 may link with another household. However, there is no limit on the number of adults or children who may be in the second household. Can the Minister say how this fits in with the rule of six, either indoors or outdoors? Why can the first household not have two adults and no children in it?

Lastly, I want to touch on the plight of young people who have fallen on the wrong side of the law. Services to young people are at an all-time low and the restriction on gatherings hits young people very hard. I note that workplace canteens are exempt from the restrictions, as are canteens in criminal justice accommodation, which includes young offender institutions. It is essential that young people should be able to at least socialise with their peers in this setting at mealtimes. Are visits from relatives allowed at young offender institutions, or do they fall under the same restrictions that exist in residential care homes? Isolating young people from their family support network is not likely to change the behaviour that brought them into the criminal justice system in the first place.

Broadly, I support the introduction of these three instruments, but I fear that they may be a little too late to deal with the second wave of infections that is overtaking our country.

Food Hygiene Rating Displays

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 7th October 2020 Lords Chamber

[Lord Bethell (Con)]

Well, my Lords, the situation in Uxbridge is clearly one of grave concern, and I share the noble Lord’s concerns—but that is not the national picture. As I said earlier, in England generally 55% of businesses display their rating. This is not enough, which is why we are considering the measure with the scrutiny that we are.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, we all agree that the food hygiene rating scores are important to give the public confidence in the food being prepared, sold and served to them. As we have said, there is no legal requirement to display that score. If you have a score of five, you proudly display it; if you have a one or two, it is in some dark corner which nobody sees. As other noble Lords have said, it is really important, especially at this time, to restore public confidence. I urge the Minister to go back to the Government and get this done soon. It is a local government issue, not really a health and safety one.

[Lord Bethell (Con)]

My Lords, I completely acknowledge the persuasive statistics from the noble Baroness. FSA analysis suggests that food-borne illness outbreaks are twice as likely to occur in businesses with a low rating than those with a rating of three, four or five. These are very concerning figures. We completely take on board the statistics that the noble Baroness has cited, and I shall take them back to the department, as she suggests.

Hospitals and Nursing Homes: Do Not Resuscitate Notices

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 1st October 2020 Lords Chamber

[Lord Bethell (Con)]

The noble Baroness is entirely right. The Covid epidemic has shone a spotlight on the awful arrangements around end of life at a time when contagious disease presents a threat to all those present in a nursing home or hospital. Our thoughts and prayers go out to all those who have lived through such an experience or will face one in the near future. I note the noble Baroness’s call for a review. There is no current plan for one but I will carry the idea back to the department.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I sympathise with the medical profession engaged in saving lives at all costs. However, many people will have spent a great deal of time in thought and consultation with relatives before deciding not to be resuscitated, should they become desperately ill, especially with Covid, with possible permanent physical or mental impairment. It is inconceivable that their wishes should be overturned by medical professionals who do not know or understand their background. What are the Government doing to ensure that that does not happen?

[Lord Bethell (Con)]

My Lords, I completely agree with the noble Baroness’s sentiments—so does the department and so do the Government. We have noted what happened during the Covid epidemic. The CQC is investigating potential lapses at that time. We have reinforced guidance in the winter plan and the CQC continues to review the situation. New training and guidance provisions are being put in place. We take the situation extremely seriously and are putting in the procedures and investment necessary to ensure the right outcome.

Food: Fruit and Vegetables

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 6th July 2020 Lords Chamber

[Lord Bethell]

I also pay tribute to the School Fruit and Vegetable Scheme. However, it falls outside the remit of the Department of Health, so I do not have details about the scheme to hand, but I would be glad to track them down and throw my weight behind it.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, in the past we have seen government-sponsored television advertising on specific themes. The Covid-19 pandemic is an excellent example. Diabetes is on the increase and, in extreme cases, leads to limb amputations, which are at a frightening rate. Given the proven links between the consumption of fruit and vegetables and good health, would the Minister sponsor such a scheme of television advertising for healthy eating, among his government colleagues?

[Lord Bethell]

The noble Baroness is right about the effects of diabetes, and the impact of Covid on those with diabetes has been profound. It is described well in the PHE report and is a source of enormous sadness. The Government are looking at ways to react to the Covid pandemic, but my instincts are to regard it as an inflection point for the nation’s health. The Government will look at ways to mark this moment with a suitable campaign to encourage healthy eating.

Ultra-processed Foods

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 2nd July 2020 Lords Chamber

[Lord Bethell [V]]

My Lords, I agree completely with the noble Baroness that labelling is absolutely critical in this area. We have made huge progress already and it is eye-opening to study the labels on some foods. I agree with her that while some supermarket products can look healthy, they are often anything but. We continue to expand and improve our labelling arrangements and we are looking at the responses to the consultation and considering them carefully.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, we have seen research showing a direct link between the rise in the incidence of diabetes and the consumption of highly processed foods. In the past, when such evidence on health of certain products has been produced, the Government took action to ban television advertising of them. Cigarette smoking is a prime example. Following on from the Minister’s response to the noble Baroness, Lady Boycott, can he say whether the Government will consider banning all television advertising that features ultra-processed foods?

[Lord Bethell [V]]

My Lords, the noble Baroness has made the point on smoking well. However, we have an issue in that there is no generally recognised agreement on the definition of ultra-processed foods. We are also conscious of the fact that we have to take the British public with us and that regulation and advertising bans on their own do not have the impact that we need to make. None the less, as the sugar tax has demonstrated, we are prepared to use regulatory and fiscal means if progress cannot be made, and we will maintain a review of this area.

Brexit: Food Standards Regulations

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 4th September 2018 Lords Chamber

[Lord O'Shaughnessy]

The noble Lord raises an important point. This is a good opportunity to clarify what we are proposing. At the moment risk assessment takes place through the European Food Standards Agency. Risk management decisions are made by the Commission and the Council. Following Brexit, we would look to replicate that split with risk assessment taking place in the independent agency and risk management decisions being made by Ministers.

[Baroness Bakewell of Hardington Mandeville (LD)]

I am grateful for the Minister’s response. Given that food related ill health is a major source of premature death in the UK and that the FSA was set up specifically to prevent harm occurring from safety weaknesses in food preparation, what specific measures have the Government put in place to ensure that the FSA can cope in keeping the population safe if no deal is the only deal?

[Lord O'Shaughnessy]

I should like to clarify that, in the case of food safety, Ministers in the Department of Health would make risk management decisions on the basis of a risk assessment. This is one way in which any concerns about conflict of interest would be overcome. Clearly, we will be making technical changes to the role of the FSA to make sure that the regime is operable following our exit from the European Union. These will reaffirm the FSA’s independence and its role in providing that consumer protection.

Brexit: Food Standards Agency

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 26th April 2018 Lords Chamber

[Lord O’Shaughnessy]

The noble Lord raises an important issue. However, it is important to distinguish what the Food Standards Agency is responsible for and what it is not. It is responsible for making sure that food is safe. Nutritional value is a different responsibility that accrues to the department and to Public Health England, and we have taken many significant actions, including reducing sugar content in drinks and food, to make sure that precisely the issues he is talking about are dealt with.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, given the increased monitoring at slaughterhouses, both through CCTV and the presence of meat inspectors, is the Minister confident that the FSA has the capacity to train sufficient inspectors to ensure that the meat which arrives on supermarket and butchers’ shelves is fit for human consumption so that we can avoid the CJD and salmonella outbreaks of the past?

[Lord O’Shaughnessy]

The Food Standards Agency has the resources, the expertise and the powers it needs to make sure that it can guarantee safety, as the noble Baroness has described.