Proposed new powers for National Food Crime Unit

Following a 'broadly supportive' response to last year’s consultation​​ into enhanced investigatory powers for the NFCU, this new consultation asks for views on giving the unit limited further powers.

This includes allowing food crime officers to be lawfully on premises and assist with searches following an arrest by the police.

The FSA said securing further appropriate legal powers for the NFCU was critical if they are to investigate food crime effectively, with autonomy and independence and to “reduce the dependency of support on partners such as local authorities and the police”.​

Protecting consumers and businesses

Andrew Quinn, FSA’s acting head of the NFCU, said: “We’ve launched this consultation as we want to protect consumers and businesses from food fraud more effectively. This additional power of search and entry would be a vital tool to make sure that investigations can be progressed more directly, while also freeing up local police services so their vital resources can be diverted to other priorities.  ​

“At the same time any use of these powers of entry and search will be restrained, focusing on effective regulation to prevent and detect food crime, and subject to robust controls and external scrutiny.​

“We remain committed to using any enhanced powers in a proportionate way that keeps the public safe, with strengthened safeguards and oversight arrangements to guard against their abuse. We encourage everyone who wants to have their say to respond so that they can inform our work in the future.”​

Partnership with the police

The NFCU currently relies on a partnership agreement with the National Police Chiefs’ Council that provides support as an interim measure. If the NFCU are granted section 18 powers of search and entry, while a police presence is still likely to be needed in case arrests are required, this would be much smaller. 

“Additional powers are a more sustainable long-term solution and would strengthen the NFCU’s ability to tackle food fraud and protect the consumer,” ​the FSA added.

Stakeholders in England and Wales are invited to respond to the four-week consultation. Separate legislation governing investigatory powers applies in Northern Ireland – the FSA intends to hold a consultation for Northern Ireland in due course.

This consultation does not apply to Scotland, where Food Standards Scotland’s dedicated Scottish Food Crime and Incidents Unit is responsible for delivering the food crime response.