Consultations CTSI has its say Some of the institutes contributions to government policy debate The Food Law Code of Practice England Pension scams The Food Law Code of Practice England Review 2016 17 Food Standards agency January 2017 CTSI considers food fraud a crime regardless of scale and that attempting to distinguish between food fraud and food crime is not helpful. Appropriate action will be determined by the enforcement and prosecution policies of a local authority (LA). Most LAs are well versed in dealing with fraud, and most have access to accredited financial investigators. Food fraud will be investigated using the same framework as other frauds. The expectation that the National Food Crime Unit (NFCU) and LAs will work together is more important than trying to define what fraud and crime are. The definition of a food business should include company offices where decisions on aspects of food business such as labelling are made, whether or not there is food on the premises. On interventions and risk assessment generally, CTSI considers that the approach to food standards regulation is still too heavily based on physical inspections while, in reality, many food business operators (FBOs) have no food on the premises from which they trade; indeed some never physically see or deal with the products. CTSI would like to see recognition for interventions other than physical inspections carried out by authorities. For instance, Primary Authority work to ensure compliance with food standards and labelling provisions is largely unrecognised and unacknowledged by the FSA, as is work with internet-based FBOs. Also, the risk-assessment scheme neither recognises nor acknowledges the marketplace risk from internet-based FBOs, and from those FBOs with no physical contact with the food they supply. The interventions and risk assessment framework needs to better reflect the current market framework for food standards work, and how it can be effective; for instance, good advice to a major national company can have an impact equal to many physical visits to smaller premises that sell only prepacks supplied by major food producers. Lead officers: David Pickering and Corinne Lowe For more details and to contribute to consultations such as these, visit www.tradingstandards.uk Credits Images: Monkey Business Images / To share this page, in the toolbar click on You might also like CTSI has its say February 2017 Shutterstock / iStock.com/shironosov The Food Law Code of Practice (England) Pension scams Pension scams Department of Work & pensions and HM Treasury, February 2017 Pension scams represent a pernicious attempt to cause detriment, with scammers using deception and misinformation to make as much money as possible for the least effort. Meanwhile their targets viewed as vulnerable through personal and economic circumstances simply want to grow their funds to enjoy a financially secure retirement, and/or pass on an inheritance. As scammers devise and implement comprehensive business models to maximise their income demonstrating an amazing capacity to adaptto, and thwart, interventions designed to regulate their behaviour CTSI suggests protections should be written to future-proof enforcement activities. For instance as experience shows that cold calls offering a lifestyle survey are being used as a mechanism to entice consumers to receive apersonal call or home visit a ban on cold calling over pensions, to help stop fraudsters contacting individuals, will go a long way towards protecting individuals. However, scammers will inevitably find ways around the ban, so CTSI also recommends prohibiting other unsolicited marketing techniques, such as text messages, emails and doorstep visits. Existing client relationships and express requests should be excluded from the ban, provided that the express request has not been engineered via alifestyle survey or similar marketing exercise. Raising awareness of the ban is certainly essential to its success but, given a coordinated approach, the extensive range of partners involved should enable the reinforcement of the education message atappropriate stages. In respect of enforcement, making cold calling in relation to pensions a banned practice under the Consumer Protection from Unfair Trading Regulations 2008 would enable trading standards to take criminal or civil enforcement action at a local level. CTSI also supports a cancellation period that strikes a balance that supports the interests of traders concluding their business, while affording consumers as much time and ability to research and if possible withdraw from prejudicial or scam pension contracts. CTSI lead officer: John Peerless