National Good Food Nation Plan: consultation

Part B: Consultation on specified functions for the national Good Food Nation Plan

Introduction to specified functions

Specified functions tell Ministers when they must take account of a particular policy area while carrying out governmental work. In this case, Scottish Ministers will be legally required to have regard to the national Good Food Nation Plan when carrying out any governmental work listed as a specified function. In this way the specified functions give effect to the Plan, ensuring that Scottish Ministers are considering the impact that their actions will have on future policy related to food.

The specified functions for the Good Food Nation (Scotland) Act 2022 will be set out in secondary legislation. Secondary legislation provides more information about how laws passed by Parliament will operate. We intend to introduce this secondary legislation in time for the publication of the final version of the national Good Food Nation Plan.

Why are specified functions necessary?

Specified functions make it easier for Scottish Ministers to know when they must have regard to the national Good Food Nation Plan. This is better than a general requirement to have regard to the Plan because food-related policy is very broad and, without specified functions, there may be a risk that areas of governmental work that are relevant to the Plan are overlooked.

How are the specified functions presented?

Specified functions can be presented in different ways. They can be very specific – by referencing particular sections within legislation – or they can describe an action or aim of government. We have taken a proportionate and targeted approach by including a combination of specific legislative references and descriptions of actions or aims.

Why are we consulting on specified functions?

Below is a list of specified functions we intend to set out in secondary legislation. As food-related policy covers a wide range of topics, we want your views to ensure that relevant topic areas are included. The specified functions can be updated in future, in which case the Scottish Government will go out to consultation again.

For this consultation, we have linked the specified functions to each of the six Good Food Nation Outcomes. However, it is important to note that many functions will relate to more than one Outcome. The language used to set out the specified functions will likely be different in the final legal document.

List of specified functions

Below you will see a list of functions falling within a specified description and specified functions within existing legislation.

Outcome 1: Everyone in Scotland eats well with reliable access to safe, nutritious, affordable, sustainable, and age and culturally appropriate food.

Function falling within a specified description:

• The provision of food in schools; health and social care service; prisons; and other public settings including: consideration of food-related procurement; and minimising and disposal of food waste
• The provision of financial; mental health; and community support to reduce food insecurity and socio-economic inequalities in relation to food
• Issuing guidance on appropriate nutrition across all age groups
• Issuing guidance on infant formula and follow-on formula
• The provision of guidance or support related to acute food shortages or civil contingency emergencies / risks that affect food supply
• The provision of food education through the Curriculum for Excellence and food-related education projects that provide information on food production; career opportunities; environmental, health, economic and international impacts of the food system; cultural value of food

Existing Functions within Legislation:

• When exercising functions under the sections 56A, 56C, 56E Education (Scotland) Act 1980
• When exercising functions under Food (Scotland) Act 2015
• When exercising functions under Schools (Health Promotion and Nutrition) (Scotland) Act 2007
• When exercising functions under section 13 Housing (Scotland) Act 2006
• The Food Safety Act 1990 (Consequential Modifications) (Scotland) Order 1990

Outcome 2: Scotland’s food system is sustainable and contributes to a flourishing natural environment. It supports our net zero ambitions, and plays an important role in maintaining and improving animal welfare and in restoring and regenerating biodiversity.

Functions falling within a specified description:

• The issuing of guidance, strategies and plans related to catching, harvesting, processing, waste, and distribution of seafood
• The consideration of impacts and opportunities related to the Agricultural Reform Programme and the provision of financial support
• The consideration of animal welfare standards in food production, transport of live animals, and slaughter
• The consideration of the environmental impact (including mitigation of, and adaptation to, climate change and the halting and reversing of biodiversity loss) associated with food production including the catching, rearing, growing, and harvesting of food stuffs
• The consideration of the environmental impact (including mitigation of, and adaptation to, climate change and the halting and reversing of biodiversity loss) of processing and distribution of food stuffs
• The consideration of the environmental impact (including mitigation of, and adaptation to, climate change and the halting and reversing of biodiversity loss) in the management of food waste
• The consideration of impacts and opportunities regarding land use and management associated with food production
• The provision of educational materials and advice in relation to a sustainable food system for food producers, processors, and consumers
• The collection of agri-food supply chain data and agricultural activity data, and consideration of this data as a means by which progress in achieving Good Food Nation outcomes may be assessed
• The regulation of organic standards regarding production of food stuffs

Existing Functions within Legislation:

• When exercising functions under section 45C Environmental Protection Act 1990
• When exercising functions under section 8, 14, 15, 17 Agriculture (Retained EU Law and Data) (Scotland) Act 2020
• When exercising functions under section 44 Land Reform (Scotland) Act 2016
• When exercising functions under section 13 UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021
• When exercising functions under section 23, 28, 29 of Schedule 1 of the Environmental Assessment (Scotland) Act 2005
• When exercising functions under Animal Health and Welfare (Scotland) Act 2006
• When exercising functions under Procurement Reform (Scotland) Act 2014
• When exercising functions under section 2 Nature Conservation (Scotland) Act 2004
• When exercising functions under section 17, 24 Climate Change (Emissions Reduction Targets) (Scotland) Act 2019
• When exercising functions under section 54 Aquaculture and Fisheries (Scotland) Act 2013
• When exercising functions under section 56E Education (Scotland) Act 1980
• When exercising functions under section 19C Crofters (Scotland) Act 1993

Outcome 3: Scotland’s food system encourages a physically and mentally healthy population, leading to a reduction in diet-related conditions

Functions falling within a specified description:

• The duty of Scottish Ministers to protect public health regarding diet-related conditions
• The issuing of guidance, strategies, and plans related to diet and health
• The impact of planning decisions on the availability and type of food outlets
• The consideration of the impact of food promotions on public health
• The scope for food-related issues to affect outcomes in relation to mental health and wellbeing

Existing Functions within Legislation

• When exercising functions under Food (Scotland) Act 2015
• When exercising functions under Schools (Health Promotion and Nutrition) (Scotland) Act 2007
• When exercising functions under Procurement Reform (Scotland) Act 2014

Outcome 4: Our food and drink sector is prosperous, diverse, innovative, and vital to national and local economic and social wellbeing. It is key to making Scotland food secure and food resilient, and creates and sustains jobs and businesses underpinned by fair work standards.

Functions falling within a specified description:

• The impact of planning decisions on the availability of land with high food-growing potential (e.g. high quality agricultural land), and the location of food processing facilities
• The implementation of fair working standards in the provision of food in schools, hospitals, prisons, care homes, and other public settings
• The issuing of guidance to the food-related business sector
• The provision of financial and non-financial support to the food-related business sector
• The provision of guidance and support related to innovation in the food-related business sector

Existing Functions within Legislation:

• When exercising functions under section 137 of the Community Empowerment (Scotland) Act 2015
• When exercising functions under section 53, 53A and 56A Education (Scotland) Act 1980
• When exercising functions under section 29 Local Government in Scotland Act 2003

Outcome 5: Scotland has a thriving food culture with a population who are interested in and educated about good food.

Functions falling within a specified description:

• The provision of guidance to local authorities on food-growing strategies in relation to allotments; community land ownership; disposal of waste; and handling of excess produce e.g. from allotments
• The provision of food education
• The provision of skills development and training resources for food producers, and others who work in the food and drink sector
• The appointment and remit of the National Chef
• The promotion of food and drink in relation to tourism

Outcome 6: Scotland has a global reputation for high-quality food that we want to continue to grow. Decisions we make in Scotland contribute positively to local and global food systems transformation. We share and learn from best practice internationally.

Functions falling within a specified description:

• The consideration of food-related issues when developing and conducting trade policy
• The promotion of fair-trade certified food
• Delivery of international visits to food-related trade fairs

Question 19

Please let us know if we have missed any function falling within a specified description or relevant specified functions in the list.

Question 20

Why do you think this specified function/function falling within a specified description should be added?