As the Food Standards Agency observes ‘everyone in this country should be able to trust that their food is safe’. The question that arises is how to do this in a way that protects the rights and interests of consumers, food business operators and regulators.
At its meeting on 25 March 2026, the FSA Board received a report on the Food of Food Regulation.
As the Report notes, ‘The food system and the context for food regulation is rapidly evolving. Consumer habits are changing, with more online sales and emerging business models that are primarily technology-based.’ This is in the context of a significant decline in the resources available to the authorities tasked to enforce legislation and protect consumers.
Recently, the FSA rolled out the food standards delivery model which utilises a more risk-based and proportionate approach to food standards regulation locally, thus bringing a degree of flexibility to the delivery of services.
The new work proposed in the Future of Food Regulation Programme will build on this and includes:
- Enhancing the food business registration system to make it more effective
- A national approach to regulation for some large businesses (such as major supermarkets), which makes better use of existing data and assurance systems, alongside in-person inspections
- Improving the way the FSA provides guidance to local authorities and businesses
- Strengthening enforcement powers where necessary to enable swift, proportionate action where needed
- Improving consumer information, including making the display of Food Hygiene Ratings mandatory in England, building on the trust of the scheme
Government funding is in place so it is reasonable to expect that the FSA will move promptly to have further engagements with stakeholders so that ‘improvements could help identify food safety risks more quickly, while reducing unnecessary administrative burdens for businesses without compromising the regulatory controls that are critical to upholding high levels of food safety.’
This is not an easy task by any measure, but this seems to be the direction of travel, and it is important that all views are considered so that the final implementation is fair, robust and resilient.
One important feature will be the moves to strengthen enforcement powers. Current legislation already provides officers with substantial powers such as closing non-compliant food businesses. The Programme highlights food businesses that operate online or are primarily technology based, such as dark kitchens, and developments in enforcement might include an increased use of Article 138 (2) (i) of the Official Controls Regulation (2017/625) to order the cessation of internet sites.
Details of this Programme may be found at www.food.gov.uk/board-papers/future-of-food-regulation-programme and www.food.gov.uk/news-alerts/news/the-food-standards-agency-sets-out-plans-to-modernise-food-regulatory-system
We will be keeping an eye on developments but please don’t hesitate to get in touch if you require further information or assistance on this issue.
Ian Thomas can be contacted at ian@ianthomasassociates.com
He also practises from Gough Square Chambers, London – ian.thomas@goughsq.co.uk
This article is provided for information only and does not constitute legal advice. Formal legal advice should always be obtained before taking or refraining from taking any action.
Any comment or views expressed in this content are personal.