New Powers for Food Crime Officers: What You Need to Know

In a decisive step to tackle food-related criminal activities, the UK government is introducing two new regulations aimed at empowering Food Crime Officers with enhanced investigatory powers. These regulations, set to come into force in 2025, promise to revolutionise the way food crimes are investigated, ensuring food safety and integrity across England and Wales.

What are the New Regulations?

1. The PACE Regulations (2025 No. 300):

   • Grants Food Crime Officers the ability to conduct investigations using powers from the Police and Criminal Evidence Act 1984 (PACE) and the Criminal Justice and Public Order Act 1994 (CJPOA).
   • Includes powers of entry, search, and seizure of evidence, as well as the ability to issue ‘special warnings’ to suspects.

2. The IOPC Regulations (2025 No. 301):

   • Establishes a framework for handling complaints and misconduct related to the use of these new powers by Food Crime Officers.
   • The Independent Office for Police Conduct (IOPC) will oversee complaints, ensuring accountability and proper conduct.

Why Are These Changes Needed?

The National Food Crime Unit (NFCU), part of the Food Standards Agency, was established following the 2014 Elliott Review, which highlighted vulnerabilities in the food supply chain, notably after the horsemeat scandal. While the unit has been successful in intelligence gathering, its investigatory powers have been limited, relying heavily on local authorities and police to carry out key functions like searching premises and seizing evidence.

These limitations have led to delays and the risk of food crimes going undetected. The new regulations aim to address these issues, allowing Food Crime Officers to independently investigate and prosecute serious food frauds—such as adulteration, misrepresentation, and illegal processing—without over-relying on external support.

How Will This Affect Businesses and the Public?

• Businesses: There is no significant impact expected on businesses, as the regulations do not introduce new responsibilities or standards. They merely enhance how food crimes are investigated.
• Public Sector: The changes could reduce the burden on local authorities and police by enabling Food Crime Officers to take a more direct lead in investigations.
• Public Safety: By improving the capability to detect and prevent food crime, the regulations enhance the safety and authenticity of food products available to consumers.

Oversight and Accountability

To ensure the responsible use of these new powers, the IOPC will oversee complaints related to Food Crime Officers’ conduct. This oversight mirrors the accountability mechanisms in place for other agencies with quasi-policing powers, ensuring that all investigations are conducted fairly and transparently.

Consultation and Support

The regulations have been shaped by extensive consultations with stakeholders, including local authorities, academics, and food business representatives. The feedback has been overwhelmingly supportive, recognising the need for a robust framework to tackle food crime effectively.

In conclusion, these new regulations signify a major step forward in protecting the integrity of the UK's food supply chain. By empowering Food Crime Officers with the necessary tools and oversight, the UK is reinforcing its commitment to food safety and consumer protection.