Decision details

Date of Decision:

16th July 2024

Title:

Food and Feed Service Plan 2024/25 and

Food and Feed Sampling Policy 202/24

Decision Maker:

(Including Job Title)

Sam Barstow Assistant Director Community Safety and Street Scene

Specific Delegation:

(If any)

Contained within delegations described in the Council’s Constitution, Sub-Scheme of Delegation – Strategic Director regeneration and Environment.

At Section 4C of Appendix 9: Responsibility for Functions, of the Constitution (Appendix 9 - Responsibility for Functions.pdf (rotherham.gov.uk), of the Constitution it states:

1 This officer delegation scheme sets out the executive functions delegated to officers by the Leader under his/her Executive Arrangements (The executive functions delegated by the Leader should be construed in a broad and inclusive fashion to include the doing of anything which is calculated to facilitate or is conducive or incidental to the discharge of those functions. They should not however be understood to include any Council function).

8. Delegations set out in this scheme will be read in conjunction with all provisions of the Council’s Constitution, and decisions taken by officers in accordance with this scheme will be taken in accordance with all relevant rules and protocols.

Appendix 9 continues, at Section 4C6, stating:

The Strategic Director of Regeneration and Environment is authorised to discharge executive functions for:-

1. Community Safety and Street Scene

(a) Community Safety, Resilience and Emergency Planning

(b) Highways and Network Management

(c) Regulation and Enforcement

(d) Waste and Street Scene

The Constitution continues at item 16 Sub Scheme of Delegation Strategic Director of Regeneration of Environment (Sub Scheme of Delegation - Strategic Director of Regeneration and Environment.pdf (rotherham.gov.uk) at p 1, to state:

The Strategic Director has chosen to sub-delegate some or all of those functions to officers of suitable experience and seniority in his/her own directorate or in another directorate.

At pp 3 – 8 the delegations to the Assistant Director Community Safety and Street Scene are defined further and include:

Any function not otherwise reserved to the full Council, the Cabinet, a committee of the Cabinet, a member of the Cabinet, a joint committee discharging executive functions or another local authority, relevant to the Assistant Director’s portfolio

Specific delegations are laid out in the Council’s Constitution at item 16 Sub-Scheme of Delegation Strategic Director of regeneration and Environment (Sub Scheme of Delegation - Strategic Director of Regeneration and Environment.pdf (rotherham.gov.uk)) pp51 – 61 in respect of the Food Safety Act 1990 and related statutory instruments, amongst others, in that the delegation of powers in relation to the issuance of statutory documents is:

Via written Authorisation to approve on behalf of Assistant Director of Community Safety and Street Scene and the Assistant Director – Planning, Regeneration and Transport, to the Head of Community Safety and Regulatory Services and Service Manager, Community Safety and Regulatory Services Head of Transport Infrastructure, Head of Highways.

Brief Description of Decision:

The decision is to approve the Food and Feed Service Plan and Food and Feed Sampling Policy for 2024/25 for publication.

Reasons for the Decision:

The Council is obliged by statute to have a Food and Feed Service Plan and Food and Feed Sampling Policy and therefore no alternatives have been considered.  It is not a key decision as the expenditure is within the existing budget. 

The Codes of Practice requires the plan covers all the areas of food and feed law which the Competent Authority has a duty to enforce, be documented in accordance the Practice Guidance and the Framework Agreement. The plan sets out how the Competent Authority intends to deliver and resource official food and feed controls and other official activities in its area and addresses any variance in meeting the outcomes of the previous Food and Feed Service Plan. It also includes a performance review of the previous year.

The plan must be submitted for approval by a relevant member forum or relevant senior officer. Consequently, the Council has in place specific delegations within its Constitution

Details of alternative options considered and rejected:

This is a legal requirement without provision of alternative options. 

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

None

Dispensations Granted:

(If any)

None

Reports or parts of reports considered

Food and Feed Service Plan 2024/25 and Food and Feed Sampling Policy 2024/25 for Officer Decision.

Appendix 1 Food and Feed Service Plan 2023/24

Appendix 2 Food and Feed Sampling Policy 2023/24

Appendix 3 Equalities Analysis Initial Screening

References will include the legislation and

relevant documents

•         Food Safety Act 1990

•         Food Law Code of Practice (England), March 2021

•         Food Law Practice Guidance (England), March 2021

•         Feed Law Code of Practice (England) April 2018

•         Feed Law Practice Guidance (England) March 2021