Purpose

The Food and Feed Law, Codes of
Practice require the Authority to have up-to-date Service Plans.
The decision is to note the Food and Feed Service Plan and Food and
Feed Sampling Policy for 2024/25.

Decision

ROTHERHAM METROPOLITAN BOROUGH COUNCIL

 

RECORD OF OFFICER EXECUTIVE DECISION

 

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

 
I certify that this
is a true record of the executive decision to approve the Food and Feed Service Plan and Food and Feed
Sampling Policy for 2024/25 for publication.
 
Signed by the
Decision Maker  
Dated: 16th July, 2024
 
Name:          Sam
Barstow                             
Job Title:     Assistant Director Community Safety
and Street Scene