Brexit Legislation Threatens Scottish Standards

By Ruth Watson

The ‘Retained EU Law (Revocation and Reform) Bill’ is making its way through Westminster. The Bill states it ‘will sunset the majority of retained EU law so that it expires on 31st December 2023. All retained EU law contained in domestic secondary legislation and retained direct EU legislation will expire on this date, unless otherwise preserved.’ 570 of those pieces of legislation relate to food, the environment, and agriculture, such as pesticides in fruit and vegetables, or the dreaded chlorinated chicken.

This is causing serious concern in the Scottish agencies which work to keep our food and drink safe. Geoff Ogle is the Chief Executive of Food Standards Scotland.

“If the standards are removed, especially without being discussed, or without strong food laws brought into replace them, then we have a real problem,” he says. “If the laws are ‘sunsetted’, businesses might suffer unintended consequences. Most food law is not ‘red tape’ but has come about through experience and science. If the standards are removed, especially without being discussed or having strong food laws brought in to replace them, then we have a real problem.”

Clause 15(5) of the UK Government’s Bill states explicitly that replacement legislation can only keep standards the same or lower than they currently are; and the ‘Internal Market Act’ means Scotland’s laws could be over-ruled.

Food and Drink Federation Scotland’s Chief Executive Officer, David Thomson, says, “Scotland produces high quality, tasty and safe food and drink that millions love to eat, both here and abroad. For the benefit of producers and consumers it is essential that governments across the UK ensure any changes to regulations don’t negatively impact on our food safety or undermine our access to valuable export markets.”

The food and drink sector is crucial to Scotland’s people and to our economy. We must act to secure a solid future for our farmers.