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FSA Initiates Fresh Consultation on Enhanced NFCU Investigatory Powers

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The Food Standards Agency (FSA) is seeking views on granting limited further additional powers to the National Food Crime Unit (NFCU), which would enable its officers to lawfully assist with searches on premises following an arrest by the police. This consultation builds upon last year’s successful consultation on enhanced investigatory powers for the NFCU, with responses having been broadly supportive of the proposal.

Securing additional legal powers for the NFCU is crucial for ensuring effective investigation of food crime, providing the unit with the necessary autonomy and independence. These powers would also help reduce the unit’s reliance on support from external partners such as local authorities and the police.

Andrew Quinn, the acting head of the NFCU, emphasizes the importance of these powers in protecting consumers and businesses from food fraud. The power of search and entry would facilitate more direct progress in investigations and allow local police services to allocate their resources to other priorities. It is essential to note that any use of these powers will be restrained, focusing on effective regulation and subject to robust controls and external scrutiny.

The existing partnership agreement between the NFCU and the National Police Chiefs’ Council serves as an interim measure. Granting the NFCU section 18 powers of search and entry would reduce the need for a police presence, although it may still be required in case of arrests. Additional powers represent a more sustainable long-term solution and would enhance the NFCU’s capacity to combat food fraud and protect consumers.

The NFCU, as the law enforcement unit of the FSA, is dedicated to tackling serious, organized, or complex cases of food-related crime across England, Wales, and Northern Ireland. Stakeholders in England and Wales are invited to respond to this four-week consultation. However, separate legislation governing investigatory powers is applicable in Northern Ireland, and the FSA intends to hold a separate consultation for that region in the future.

It is important to note that this consultation does not pertain to Scotland, where the responsibility for addressing food crime lies with Food Standards Scotland’s dedicated Scottish Food Crime and Incidents Unit.

The consultation document is available on the FSA website, which also provides additional information on the NFCU and its work.

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