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Cases of alleged food fraud reported to Crown Office and Procurator Fiscal Service (COPFS) by FSS:

2019: 1

2020: 1

2021: 1

FSS recommended legislation to restrict promotions in advice to Scottish Government in 2016.

More specifically, the role of FSS is to provide evidence and advice to Scottish Government (SG) to inform Government decisions on improving Scottish dietary intake.

FSS also support the Healthy Living Programme managed by the Scottish Grocers Federation which facilitates Scottish independent retailers increase healthy options promoted to consumers. Their role within this has included development of the technical nutrition criteria underpinning the programme and advising on the external evaluation that took place in 2023. There are numerous FSS publications that make the case for change and which retailers have access to. The FSS Board agreed its Public Health Nutrition Strategy in March 2023 clearly articulates their views on the need to change the food environment.

The following table provides the detail of Local Authority enforcement actions that have resulted in business closure. The data relates to the use of Hygiene Emergency Prohibition Notices, Hygiene Emergency Prohibition Orders and Voluntary Closures.

Food Safety is regulated through various pieces of legislation including the Food Safety Act 1990 and assimilated Regulation (EC) No 178/2002 on general food law, which create the regulatory framework in this respect.

In relation to public events, the Food Standards Scotland website provides specific advice on Food Safety at Community Events where those providing foods on an occasional basis may not be registered food businesses.

Please see the following table for a breakdown of how the staff budget contributed to the overall FSS’ baseline budget in each financial year since the establishment of FSS. FSS staff costs are not dependant on where staff are located but by pay grade, therefore there are no comparisons to be made between Aberdeen and other locations.

Food Standards Scotland is not responsible for investigating local incidents of foodborne illness which are potentially linked to restaurants and takeaway outlets. Investigations of sporadic cases of gastrointestinal illnesses, including those suspected to have been caused by food, are led by NHS Health Boards with support from the relevant environmental health departments, which have responsibility for taking appropriate action where a particular food business may be implicated. FSS will become involved in the investigation of these incidents when they involve meat processing businesses for which FSS is the enforcing authority, in circumstances where the implicated food has been distributed across a number of Local Authority areas, or when there has been an outbreak of illness (multiple cases of foodborne illness) which has extended nationally or has the potential to result in a serious public health risk. Where a national outbreak is detected a multi-agency response may be convened through an incident management team involving Public Health Scotland (PHS) and NHS Health Boards (which lead the epidemiological investigations), and Local Authorities and FSS (which lead the food chain investigations). In this situation FSS will ensure the traceability of implicated products and support Local Authorities in their enquiries and sampling activities aimed at identifying the source of the outbreak.

Further information on the management of outbreaks of foodborne illness in Scotland can be found in the guidance document which has been developed by FSS and PHS through the Public Health Protection Network (SHPN); in collaboration with experts from local authorities, Health Boards, Clinical Reference Laboratories, and Public Analyst Scientific Services:

Figures are not kept in the form requested as FSS officials will work on a range of policy areas according to priorities and workloads. Four policy officials have the necessary expertise to deal with food labelling and allergen issues

Since 2018, FSS investigations into food fraud have resulted in varying penalties being imposed including imprisonment and fines. One sentence of 4 years imprisonment was imposed with the sentence reduced to three years on appeal. in relation to the supply of 2,4-dinitrophenol (DNP) to the public. The sentence was reduced to three years on appeal. A proceeds of Crime Confiscation Order was imposed for £31050.

3 offences under the Food Hygiene (Scotland) Regulations 2006 at Food Standards Scotland (FSS) approved premises and fined a total of £4,000 with £175 surcharge.

FSS is a non ministerial office and is therefore directly accountable to Parliament and not to Ministers. FSS oversight - and any assessment of effectiveness -is provided by a non executive board. FSS published an Annual Report and Accounts to Parliament and a Joint Annual Report with Food Standards Agency on Food Safety in the UK. There is regular liaison between Ministers, FSS officials and the FSS chair and the Minister for Public Health and Sport and the FSS CEO have regular meetings to ensure Ministers are kept appraised of FSS activity. Parliament also has the ability to call FSS officials to give evidence with regards to FSS effectiveness.

Food Standards Scotland has a Food and Health Research Programme, which has a limited budget for procuring research across our entire food safety and dietary health remit; therefore our ability to fully explore the potential of AI in the delivery of our work has been restricted as a result of other priorities and lack of funding. However, through our Strategy and Corporate Plan we have committed to the delivery of a dedicated , and plans for transforming food law delivery through our Scottish Authorities Food Enforcement Re-build (SAFER) programme, which intends to leverage data and intelligence to provide a greater focus on the enforcement of higher risk establishments. As part of the SAFER programme, we are currently in the process of building digital platforms that will strengthen the robustness of food law inspection data that we collect from the 32 Local Authorities in Scotland, with the aim of using this to develop AI tools that help us to design inspection regimes that are targeted to risk and optimise resources.

Alongside this work, our scientists engage with UK Research and Innovation, across Scottish and UK Governments, with international food regulators and the scientific community to keep abreast of developments in AI, and its potential applications in food law enforcement. We also collaborate with our counterparts in the Food Standards Agency (FSA) on the development of surveillance systems which help us to identify and prioritise risks at UK level (see: and ) and digital tools which support the detection and investigation of outbreaks of foodborne illness (). To support our own work through SAFER, we are also keeping a watching brief on proof of concept work that FSA has been taking forward to explore the use of AI in the inspection of food businesses (), although these applications are still at the development stage.