St James Smokehouse FSS’s Investigation into the Presence of Listeria Monocytogenes

Your request was about the following information:

I act for St James Smokehouse in relation to the FSS’s investigation into the presence of Listeria monocytogenes (LM) in my client’s smoked fish products. My client has certain questions which it would like answered and it has asked me to seek this information using FOI.
I should be grateful if you could provide the following information:
1. Has an Incident Management Team been set up by FSS concerning the St James Smokehouse LM matter, which led to the product recall, see the FSS Incident Management Framework version 2? Copy provided on link for ease of reference https://www.foodstandards.gov.scot/downloads/Incident_Management_Framework_-_2022.pdf If so, when was it set up and who is a member of the team?
2. If an Incident Management Team been set up by FSS, what level has this incident been classified as?
3. Have any Subject Matter Experts been retained in respect of the above? If so, please confirm their name(s) and job titles
4. Has a scientific risk assessment and/ or a wider risk assessment been undertaken in respect of the above? If so, please provide a copy
5. How many St James Smokehouse smoked salmon and smoked trout samples have been reported to FSS, by councils and public health laboratories, concerning the presence of LM? Please provide the number of samples for smoked salmon, smoked salmon trimmings and smoked trout; how many were found to contain Listeria monocytogenes at a level of
a. detected less than 10 cfu/g
b. detected less than 20 cfu/g
c. detected more than 20 cfu/g
6. How many smoked salmon or other smoked fish samples have been reported to FSS, by council and public health laboratories, concerning the investigation into the presence of LM, which were taken from other producers or retailers other than Lidl? Please provide the information as the number per brand or retailer including how many were found to contain Listeria monocytogenes at a level of
a. not detected
b. detected less than 10 cfu/g
c. detected less than 20 cfu/g
d. detected more than 20 cfu/g
We appreciate that this information may need to be anonymised
7. We understand that a swabbing exercise was undertaken at Cooke Aquaculture, the producers of the raw fish which is supplied as the incoming ingredient to St James Smokehouse, by the UKHSA and local council – how many swabs were taken and did any of these detect LM?
8. Many of the positive detections for LM in St James Smokehouse have been detected by Glasgow Scientific Services, has FSS taken any action to ensure that this laboratory does not have a resident pathogen or that samples are not being cross contaminated in the laboratory? If so, please provide details
9. What request or advice has been given by FSS to local councils on the sampling of smoked fish for this investigation? Please provide a copy of any requests for sampling or advice given on processing of laboratory results
10. Is there any guidance issued to local councils on temperature control and time frame during which councils must transport retail purchased smoked fish samples to laboratories? If so, please provide a copy
11. How many meetings (in person or by Teams/ Zoom) have been held between the EHOs and FSS to discuss St James Smokehouse since Jan 2022? Please confirm who attended and the dates
12. Does FSS have copies of the UKHSA laboratory results of the Whole Genome Sequencing tests undertaken on St James Smokehouse products? If so, please provide copies.

1. Food Standards Scotland (FSS) first opened the incident in July 2021 before it was closed on Sept 2021. The incident was re-opened in Jan 2022 following the detection of further cases. Food Standards Agency (FSA) was the lead for this incident initially. On 9 August 2022, the decision was made between the FSA & FSS that FSS would lead the food chain investigation response, as part of UK Health Security Agency’s (UKHSA) lead of the wider incident. On 11 August 2022, the decision was made to change the governance of this incident to align with the Incident Management Framework (IMF).

2. This incident is classified as Level 2.

3. Members of the Incident Management Team (IMT) are subject matters of their own organisations and departments.

4. These are documents which remain under review. In this instance we are unable to provide any information as an exemption under section 34(1)(b) (Investigations by Scottish public authorities and proceedings arising out of such investigations) of FOISA applies to that information. The wider assessment is due to become a public document in the future.

5. Attached you can find the table that includes the requested information.

6. Attached you can find the table that includes the requested information.

7. Attached you can find the table that includes the requested information.

8. FSS has confirmed with the laboratory that the appropriate controls and monitoring have been maintained to ensure that there is not a resident strain or cross contamination occurring within the laboratory. Positives have also be identified from other laboratories.

9. FSS engaged with Dumfries & Galloway (D & G) Council regarding undertaking swabbing/sampling exercises to assist with attempting to identify where the strain could be originating. In relation to sampling at retail, the only directed sampling undertaken on behalf of FSS related to sampling of products produced by customers of an identified producer. The retail sampling which has identified the detection of the presence of the outbreak strain was not undertaken at the request of FSS.

10. Information in relation to sampling is contained with the Food Law Practice Guidance (Scotland).

11. Since January 2022, there have been 10 meetings between FSS and Dumfries & Galloway

• 1 involved representation from: FSS - Enforcement Delivery; D&G - Environmental Health
• 1 involved representation from: FSS - Enforcement Delivery and Science; D&G - Environmental Health
• 4 involved representation from: FSS - Enforcement Delivery and Incidents; D&G - Environmental Health
• 1 involved representation from: FSS - Enforcement Delivery, Science and Incidents: D&G - Environmental Health
• 1 involved representation from: FSS - Enforcement Delivery, Science and Incidents; D&G - Environmental Health St. James Smokehouse
• 1 involved representation from: FSS - Enforcement Delivery and Incidents; D&G - Environmental Health UKHSA
• 1 involved representation from: FSS - Enforcement Delivery and Incidents; D&G - Environmental Health Shetland – Environmental Health Orkney – Environmental Health The Public Analyst Laboratories

In the above data we didn’t include Incident Management Team’s meetings that Dumfries & Galloway Council would have attended. 12.While our aim is to provide information whenever possible, in this instance Food Standards Scotland does not hold the information you have requested.

12. While our aim is to provide information whenever possible, in this instance Food Standards Scotland does not hold the information you have requested.