Scrutiny proposes amendments to Draft Food Regulations amid continued uncertainty and concern
Scrutiny
24 February 2026
The Environment, Housing, and Infrastructure Scrutiny Panel (the ‘Panel’) has reviewed the Draft Food (Jersey) Regulations 202- in order to assess their suitability and effectiveness. As a result, the Panel has lodged an amendment which addresses two issues, and aims to protect the diversity of Jersey’s local food industry and ensure the new food safety framework delivers its public health goals. The Minister for the Environment lodged the Regulations in order to modernise Jersey’s food laws and strengthen consumer and public health protections. They will apply to food businesses, whether for profit or not, public or private, that carry out activities at any stage of food production including selling.
The Regulations propose:
- mandatory allergen labelling
- a licensing scheme for food businesses
- updated food hygiene rules to align with the UK and EU
The Panel found that there is major uncertainty about who the new rules will apply to and concern that key guidance, operating systems, and fee proposals, are not yet ready. The Panel is therefore proposing an amendment which would remove the fixed commencement date of 1 October 2026, so that the Regulations can only be brought into force once the Minister can clearly demonstrate readiness to the States Assembly.
The Panel is also proposing an amendment, which would remove the Minister’s ability to charge licence fees. Full scrutiny, including an analysis of the fee calculation methodology comparable to the economic risk to businesses and wider economy, could not be undertaken as the fee model has yet to be confirmed by the Minister. The Minister has however been clear in his framing of food inspection and safety regulation as a public health matter, which the Panel believes should be funded as such.
In addition, the Panel’s survey, which received 90 responses, highlighted opposition to the business-pays fee model for the new licensing scheme. Respondents raised concern that the fees would place unsustainable pressure on small and micro businesses.
Deputy Hilary Jeune, Chair of the Panel, said: ‘The Draft Food Regulations are a necessity to bring Jersey up to date with modern practices of labelling food for allergens. However, there is a significant amount of confusion as to who will come under the scope of this licensing system, and even what exactly constitutes ‘food processing’. It’s therefore essential that we hold back on a commencement date until these matters are resolved.
‘In addition, our stakeholder evidence and our own research, suggests that the fees could be a form of regressive taxation on smaller businesses which may have an unforeseen impact on our community. Losing small/micro businesses which support our local supply chains, increase the variety of goods, and increase opportunities for employment, is not in the public interest. We therefore think that removing the fees system, which has yet to be fully thought through, will ensure that Jersey can still benefit from the unique variety of businesses we currently enjoy.’
View the Review webpage and read the Comments Paper.
