procurement of halal meat - leicester of halal... · procurement of halal meat decision to be taken...

12
Executive Decision Report Procurement of Halal Meat Decision to be taken by: Councillor Dempster Decision to be taken on: tbc Lead director: Elaine McHale

Upload: lydat

Post on 04-Jun-2018

219 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Procurement of Halal Meat - Leicester of Halal... · Procurement of Halal Meat Decision to be taken by: Councillor Dempster ... If we are to provide Halal school meals guidance, the

Executive Decision Report

Procurement of Halal Meat

Decision to be taken by: Councillor Dempster

Decision to be taken on: tbc

Lead director: Elaine McHale

Page 2: Procurement of Halal Meat - Leicester of Halal... · Procurement of Halal Meat Decision to be taken by: Councillor Dempster ... If we are to provide Halal school meals guidance, the

Useful information � Ward(s) affected: All

� Report author: Carl Edwards

� Author contact details: 0116 454 6131

� Report version number: 5.1

1. Summary The current Halal meat contract with ESPO (Contract 114) ended in June 2014. This report recommends appropriate procurement of halal meat following this expiry. In April this year a routine test found a Halal lamb Sheik kebab had 50% beef content. As a precautionary measure all Halal meat meals where immediately withdrawn from school menus and alternative vegetarian and fish menus provided. This finding and the wider national issues in the food industry represents a concern for all our families and communities in the integrity of the content of all school meals being as it should be. To ensure the concerns of all our communities are addressed, with regard to the provision of Halal meals, individual and collective meetings have been held with the Federation of Muslim Organisations (FMO), Muslim Parents Association of Leicester (MPAL), Gujarat Hindu Association and the Federation of Hindu and Jain Communities Leicestershire. These meetings have been extremely well received, with positive contributions from all Faith Groups. The key issues communicated by the groups, with regard to the integrity of food, were the accreditation and the quality assurance that gives confidence in the meals offered in schools. With regard to the provision of Halal meals the agreement of a specification for the provision of Halal meat meals was key to restoring this confidence and the meetings that have been held with Faith Groups has resulted in a five page specification for the supply of Halal meat meals shown as appendix A. This detailed specification reflects the Council significantly enhancing the original specification to help address the issues and concerns the Faith Groups have and has the agreement of all of these groups. All reasonable precautions continue to be taken to ensure that food is as it should be for all our communities. It is also recognised that in view of the continued national food standard issues individual families should have the opportunity of individual choice and non Halal meat, vegetarian and fish meals will continue to be provided in schools to enable this choice. The Assistant Mayor for Children, Young People and Schools has made the commitment for the Authority to continue to periodically meet with Faith Groups to discuss any on-going needs and issues in communities, relating to meals provided in schools. This reflects the current national issues in the food industry, the importance to Leicester communities and families and will continue to facilitate the positive contribution and outcomes these meetings have facilitated.

Page 3: Procurement of Halal Meat - Leicester of Halal... · Procurement of Halal Meat Decision to be taken by: Councillor Dempster ... If we are to provide Halal school meals guidance, the

It is recommended that the procurement of Halal meat meals progresses using the ESPO framework and using the specification agreed with Faith Groups. This will facilitate the re-introduction of these meals being available during September, subject to the agreement of individual schools. The recommended specification may have a small impact on the costs of procurement however due to the importance of these issues and the relative low volumes of Halal meals; the risk of a small increase in costs was a secondary consideration.

2. Recommendations 2.1 Executive notes and approves the reintroduction of Halal meat meals on school menus from September 2014. 2.2 That Executive approves the provision of Halal meals from a designated supplier from the ESPO framework which is most able to meet the specification identified by the Faith Groups the Authority has been meeting with.

3. Supporting information including options considered: 3.1 Leicester City Council has been supplying Halal meals to schools for approximately 25 years using meat sourced through ESPO contracts. 3.2 In April 2013, a routine DNA test carried out by ESPO revealed that a sample batch of Halal lamb burgers contained traces of pork. Following this incident LCC met with representatives from the Muslim community – Federation of Muslim Organisations (FMO) and Muslim Parents Association of Leicester (MPAL). The key requests from these community representatives were for halal meat to be properly accredited and for changes to the specification LCC uses when it procures halal meat. 3.3 In April 2014 a routine DNA test carried out by ESPO identified 50% beef content in a Halal lamb Sheik kebab supplied by Punjab Kitchen under the ESPO framework agreement. To mitigate further risk an immediate decision was taken by LCC to remove all Halal meat from the school meals menu until a decision is taken on the future procurement of the Halal meat and confidence in the supply chain restored. Punjab Kitchen did not tender for the new ESPO framework and will not therefore be considered as a supplier. 3.4 Following the above incident further meetings have been held with MPAL and FMO in addition to meetings with the Gujarat Hindu Association and the Federation of Hindu and Jain Communities Leicestershire. It was agreed at a meeting attended by these Faith Groups that LCC would identify which of the three suppliers within the ESPO framework were best able to meet the specifications discussed. 3.5 Following investigation it has been identified that there are over 20 different Halal accreditation bodies in the UK including:

• The Institute of Islamic Jurisprudence (used by Punjab Kitchen)

• The Halal Monitoring Committee (HMC)

• The Halal Food Authority (HFA)

Page 4: Procurement of Halal Meat - Leicester of Halal... · Procurement of Halal Meat Decision to be taken by: Councillor Dempster ... If we are to provide Halal school meals guidance, the

• Halal Monitoring Authority (HMA)

• The European Halal Development Agency (EHDA) Each of these organisations has variations to its requirements/specification required for suppliers to achieve their accreditation. LCC understand the HMC requirements most closely match the specification being requested following consultation with the FMO & MPAL community representatives. 3.6 The LCC Procurement team and City Catering undertook a risk assessment exercise on the supply of Halal meat. Key risks identified include:

• Meat purchased as Halal is not Halal or not to the council’s quality specification.

• That by specifying a stricter Halal requirement, competition may be reduced, with few or no tenderers being tender ready, i.e. able to meet LCC’s other quality assurance and audit requirements, have security of supply for the required volumes, or leading to increased prices;

• Potential challenge to procurement processes from suppliers if LCC were to tender using the specification not submitted as part of the recent ESPO tender process.

These risks will be mitigated by ensuring that all practical Quality Assurance procedures are legally in place at key points in the supply chain and appropriate procurement processes are in place. 3.7 An alternative option to not re-introducing Halal meat in schools would be to continue offering vegetarian and fish menus.

4. Details of Scrutiny

The Halal procurement and previous issues relating to quality have been subject to discussion with Cllr Dempster, Cllr Dawood and Faith Group representatives.

5. Financial, legal and other implications 5.1 Financial implications

Current Halal meals are approximately 12% (2,000 per day) of the total meal numbers provided by City Catering, with Halal meat meals being around half of this. Current spend on Halal meat is approximately £30,000 per annum. Tightening of the halal meat specification may increase the cost price. There is no differential pricing of Halal and non Halal meals and so there could be a knock on impact on City Catering finances. Martin Judson, Head of Finance

Page 5: Procurement of Halal Meat - Leicester of Halal... · Procurement of Halal Meat Decision to be taken by: Councillor Dempster ... If we are to provide Halal school meals guidance, the

5.2 Legal implications

There are legal implications – Education and Employment Law Implications Under s512ZB the Council has a legal obligation to provide a free school meal for those children meeting the eligibility requirements. These school lunches must meet the legal nutritional requirements for school lunches, for example the provision of two portions of red meat in primary schools per week. There is no legal requirement that these meals are Halal or meet other faith requirements, or that additional Halal meals are provided in accordance with these legal requirements. When reaching a decision on how to proceed the Council should bear in mind that it has a public equality duty under the Equality Act 2010. This requires a Council to have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited under the Act, the need to advance equality of opportunities and the need to foster good relations. Accordingly in reaching a decision the Council should be minded to consider what impact, if any, the Council’s public equality duty has in respect of the four options detailed above. It is advised that the Council’s Equality Impact Assessment Team are consulted. Any decision made in respect of this matter can be the subject of challenge; however whatever decision is made is a matter for the Council provided those responsible for making the decision have been full appraised of all the information relating to this report and have considered it against the public equality duty outlined above. If we are to provide Halal school meals guidance, the Muslim Council states that,

• All kitchen staff receive guidance and training in the handling, preparation and serving of halal food.

• School ensures that the meat supplied is from a reputable halal supplier.

• Storage, preparation and serving of halal food is done separately from non-halal meat or meat products to avoid cross contamination, for example, utensils used in the preparation and serving of halal food are not mixed with those used for non-halal food.

• Food is clearly labelled as halal or vegetarian at the point of serving. Hayley McDade Legal Services’ commercial team can advise on any legal issues that arise concerning the revised ESPO framework or this procurement more generally. Procedural advice and support for this procurement will be available Corporate Procurement Services. Greg Surtees, ext. 37 1421

Page 6: Procurement of Halal Meat - Leicester of Halal... · Procurement of Halal Meat Decision to be taken by: Councillor Dempster ... If we are to provide Halal school meals guidance, the

5.3 Climate Change and Carbon Reduction implications

There are no climate change implications

5.4 Equality Impact Assessment

Equality Impact Assessment The proposal to procure Halal meat will predominantly impact people with the protected characteristics of religion and belief and also race. Halal meat is a religious dietary requirement for Islamic and Jewish faiths, and as such, will be the preferred meat for many racial/ethnic groups. The proposal if procured successfully will have a positive impact for these faith and ethnic groups in that the council’s food offer for children in schools and some adult services will include meat that is compliant with their religious and cultural needs. However, should the proposal not be able to be successfully procured, the council will not purchase Halal meat. This will result in a negative impact for the above protected groups in that meat compliant with their religious and cultural needs will not be available in the meals provided by the council. As a mitigating action, the council proposes that it would advertise the fact that Halal meat was not available and instead offer a vegetarian meal that would be compliant with their cultural needs. Irene Kszyk, Corporate Equalities Lead

5.5 Other Implications (You will need to have considered other implications in preparing this report. Please indicate which ones apply?)

None

6. Background information and other papers:

None

7. Summary of appendices:

1. Current specification

2. Proposed specification

8. Is this a private report (If so, please indicated the reasons and state why it is not in the public interest to be dealt with publicly)?

No

Page 7: Procurement of Halal Meat - Leicester of Halal... · Procurement of Halal Meat Decision to be taken by: Councillor Dempster ... If we are to provide Halal school meals guidance, the

9. Is this a “key decision”?

Yes

10. If a key decision please explain reason

This is a key decision as it affects communities within all Wards in Leicester City.

Page 8: Procurement of Halal Meat - Leicester of Halal... · Procurement of Halal Meat Decision to be taken by: Councillor Dempster ... If we are to provide Halal school meals guidance, the

Appendix A

LEICESTER CITY COUNCIL

PROPOSED SPECIFICATION FOR THE SUPPLY OF HALAL MEAT PRODUCTS TO

LEICESTER CITY COUNCIL

Guiding principles

All Halal meat products supplied under this contract must conform to the following conditions.

Halal products means only products permitted under Islamic Law. These products must not:

• consist of or contain anything considered to be unlawful under Islamic Law.

• be slaughtered or processed on production lines that handle or process pork and/or other non-

halal products.

• be prepared and processed using any appliance or facility that cannot be considered to be free

from anything considered unlawful according to Islamic Law. For clarity this means free from

pork products and other potential sources of non-halal food contamination.

• have been in direct contact with any food or substance that fails to satisfy the points above.

Halal food must:

• At all stages of preparation, processing and storage prior to being packed and sealed for

despatch to production kitchens have been under direct supervision of a practicing Muslim

considered to be reliable according to Islamic Law and who is fully aware, competent and

knowledgeable in Halal dietary laws.

• Be clearly labelled as such

Interpretation

Any matters of conflict with regard to Islamic Jurisprudence/ interpretation with regard to this contract

will be brought for a determination to the attention of a representative group of local Imams convened

specifically for this purpose. The Imams will be appointed with the consultation of local community

groups (e.g. FMO, MPAL).

Halal Certification and Audit Compliance

The Supplier must hold a third party accreditation e.g. ISO 9001:2000, BRC, STS, SALSA CMI as stated in

part 6 of Schedule B Business Questionnaire.

The Supplier must submit certificates and supporting documentation to indicate that the Halal foods

supplied will conform to this specification.

The Supplier must appoint an independent Halal accreditation body to accredit its processes and certify

and identify all products supplied under this contract as Halal.

The Supplier must include all associated costs in their contract price.

Page 9: Procurement of Halal Meat - Leicester of Halal... · Procurement of Halal Meat Decision to be taken by: Councillor Dempster ... If we are to provide Halal school meals guidance, the

The Council reserves the right to appoint its own appropriately qualified auditor to inspect the

Supplier’s (and, as appropriate, its Subcontractors’/suppliers’) premises and records should the Council

deem this necessary.

Should any of the audits, tests, etc. carried out by the Supplier’s third party auditor or independent

Halal accreditation body, reveal any cause for concern, this must be reported to the Council

immediately.

Audit records, including those of the Supplier’s appointed independent Halal accreditation body must

be available for inspection by any parties appointed by the Council for this purpose.

The City Council (or their appointed agents) reserves the right to inspect and appraise slaughterhouses,

processing plants and packaging facilities which are used to provide the contract users with Halal food

and drink.

Non-compliance and / or deception by the Supplier, may lead to termination of the contract.

Measures to ensure the integrity of halal products

● All meat products will be subjected to regular DNA testing.

● The Supplier must be able to evidence the traceability of all products.

● All meat products must be clearly labelled as Halal and carry the agreed certification mark of

the approved accreditation auditor.

● All Halal products must be packed in sealed polythene bags with the Halal accreditation body’s

label placed on each bag. Each bag must be labelled with a unique serial number to ensure full

traceability. The polythene bags are to be packed in cartons and sealed. The Halal accreditation

body’s label must also be placed on each sealed carton. The cartons can be transported with

non-Halal products and must be segregated within the vehicle. The Halal products can be

stored with vegetarian and seafood products.

● If breaches are found in the Halal Supply chain the City Council will take immediate steps

necessary with local community groups (e.g. FMO, MPAL ) to safeguard children from

consuming non-halal food.

Page 10: Procurement of Halal Meat - Leicester of Halal... · Procurement of Halal Meat Decision to be taken by: Councillor Dempster ... If we are to provide Halal school meals guidance, the

Criteria for the use of the term Halal

1. Lawful Food

The term Halal may be used for foods which are considered lawful. Under Islamic Law all sources of

food are lawful except those forbidden in the Quran and Sunnah, including their products and

derivatives.

The following are considered unlawful

• Pigs

• Carnivorous animals

• Birds of prey

• Creatures considered repulsive i.e. flies, lice etc.

• All pests and insects

• Reptiles

• All aquatic animals except fish

• Lobsters and prawns

• Any meat or derivative from an animal which died before proper Islamic slaughter

• Any meat or derivative from animals not slaughtered according to Islamic Law

• Blood and blood by-products

• Alcoholic drinks and all substances that are poisonous, intoxicating or hazardous to health

• Unlawful food additives and ingredients, such as gelatine, enzymes and emulsifiers derived

from unlawful foods

2. Slaughtering

All lawful land animals should be slaughtered in compliance with the following requirements in a

licensed slaughterhouse:

• The Halal slaughter shall be physically separated from non-Halal slaughter according to the

following requirements.

• The animal to be slaughtered has to be an animal that is permissible according to Islamic

Shariah Law.

• The slaughter person must be a Muslim, knowledgeable of Islamic slaughtering procedures and

fully trained according to UK Legislation.

• The act of slaughtering shall be done with niyyah (intention) and the slaughter person is well

aware of his action.

Page 11: Procurement of Halal Meat - Leicester of Halal... · Procurement of Halal Meat Decision to be taken by: Councillor Dempster ... If we are to provide Halal school meals guidance, the

• The animal to be slaughtered should be lawful according to Islamic Halal dietary laws, healthy

and fit for human consumption.

• The animal must not be stunned, anaesthetised or otherwise rendered wholly or partially

insensible before slaughter. Muslims and Jews are exempted from the use of stunning before

slaughter (Welfare of Animals Slaughter or Killing Regulations 1995).

• The animal to be slaughtered should be alive and fully conscious at the time of slaughtering

and the animal should be slaughtered manually.

• The slaughtering knife should be razor sharp.

• The phrase ’’Bismillah Allaahu Akbar’’ (in the name of Allaah, Allaah is the Greatest) should be

invoked audibly by the slaughter person immediately prior to slaughtering each and every

animal.

• The slaughter act should sever at least three of the trachea, oesophagus and two jugular veins

in one swift cut, without cutting the spinal cord.

• Bones, nails and teeth shall not be used as slaughtering tools.

• During de-feathering process the temperature of the water must not reach a level where the

internal organs of the animal burst or the water permeate into the meat.

3. Fish

All fish is Halal for Muslims provided there is no cross contamination during, cutting, processing,

packaging, storage, preparation and cooking with non-Halal food or substances. There is no

requirement to slaughter marine animals.

4. Plants and Vegetables

All plants and vegetables and their derivatives are Halal except those that a poisonous, intoxicating or

hazardous to health.

Products from hazardous aquatic animals or plants are Halal when the poison has been eliminated

during processing, as permitted by Shariah Law.

5. Mushrooms and Micro-organisms

All types of mushroom and microorganisms (i.e. bacteria, algae and fungi) and their by-products and/or

derivatives are Halal except those that are poisonous, intoxicating or hazardous to health.

6. Natural mineral and chemicals

All natural minerals and chemicals are Halal except those that are poisonous, intoxicating or hazardous

to health.

7. Irradiated Food

Food which has been irradiated is not Halal.

8. Cheese

Page 12: Procurement of Halal Meat - Leicester of Halal... · Procurement of Halal Meat Decision to be taken by: Councillor Dempster ... If we are to provide Halal school meals guidance, the

Cheese containing pork-derived rennet is forbidden and unlawful. Vegetarian cheese is acceptable,

provided no other unlawful ingredients are used (alcohol, etc.).

9. Gelatine

Gelatine from an unstunned Halal meat source is permissible. If the source is an animal not permitted

in Islam or a permitted animal that has not been slaughtered according to Islamic Law then the gelatine

will be considered non-Halal.

10. Alcohol

Alcohol is forbidden in Islam. Any food containing even a drop of alcohol will not be permissible to

consume whether it intoxicates or not.

11. E Numbers

E120 is not allowed.

E441 and E542 are not allowed unless derived from a halal source. This ruling applies to all E numbers

that are available through Islamic and non-Islamic sources (These should be verified for ingredients).

The source of the additive needs to be identified as food additives originate from both animal and

vegetarian sources.

Preparation, processing, packaging, labelling, transportation and storage

12. All food should be prepared, processed, packaged and transported in such a manner that it

complies with all of the above Halal requirements and all EU and UK legislation.

13. Meat from a slaughterhouse must be labelled by an independent Halal certifying body which

complies with all the aforementioned specification.

14. Any device, tags, stamps, seals, logos and labels used for independent Halal certification should

remain the property of the Halal certifying body.

15. When a claim is made that a food item is Halal, the word Halal must appear clearly on the label

in both English and Arabic.

16. All food should reach the production kitchen with the packaging and seal intact.