Information Commissioner's Office

Summary: The complainant made a request to the Food Standards Agency (the -�FSA-�) for a copy of an updated Annex 1 which had been referred to but withheld within an alert notification dated 15 December 2008 published by the FSA. The alert was issued by the FSA in response to an alert sent to it under the Rapid Alert System for the notification of a direct risk to human health deriving from food or feed (RASFF). The FSA refused to disclose this information upon reliance of the exemptions contained at section 27(2), 43(2) and 44(1)(b) of the Freedom of Information Act 2000 (the -�Act-�). In relation to its application of the exemption contained at section 44(1)(b) of the Act, the FSA stated that disclosure of the requested information was incompatible with a Community obligation, that being European Food Safety Authority by specific Community legislation Regulation (EC) No. 178/2002 (the -�Regulation-�) . The Commissioner considers that the section 44(1)(b) exemption is applicable in this case and therefore did not go on to consider the FSA-�s application of the exemptions contained at sections 27(2) or 43(2) any further.
Section of Act/EIR & Finding: FOI 44 - Complaint Not upheld