An increase in the number of islanders falling ill with food poisoning has led to calls for formal regulation of major food outlets that have, until now, operated without oversight.

Environment Minister Steve Luce told a scrutiny panel that there were 94 incidents of campylobacter, 26 incidents of salmonella, and five incidents of E.coli in Jersey last year. 

Deputy Luce was being questioned on proposed new legislation that aims to bring the island in line with UK and EU standards – with a focus on allergen safety, clearer labelling and modern hygiene rules. 

The changes would affect “just about anybody who has anything to do with food in one way shape or form”, he said. Deputy Luce explained that the existing law, dating back to the 1960s, is “really in need of updating”. 

Until now, he explained that there are only two licenses for “ice-creams and places of refreshments”. A lot of major food outlets are “not covered at all”, said Deputy Luce.

Elsewhere in the scrutiny hearing, panel members asked how the proposed law would work in practice – raising questions ranging from food labelling to scallop diving and impromptu fish gutting on the harbour.

One line of questioning focused on language requirements for labels. Deputy Luce said there would be a minimum requirement for labelling in English, as it is the predominant language spoken in Jersey.

However, the panel heard that exemptions are expected for visiting international markets, such as French traders attending local events.

In those cases, there would be an expectation that sellers could verbally communicate key information to English-speaking customers.

Flexibility could also extend to the use of QR codes and other digital tools to provide translations.

The panel also asked whether proposed fees linked to different risk categories could change following consultation. Government group director for regulation Kelly Whitehead said the fee structure may be revised depending on feedback.

Scallop divers were another focus of discussion. Concerns were raised over the distinction between divers being classed as low risk when landing whole scallops, but high risk once they are shucked.

When asked whether scallop divers had been consulted, Deputy Luce said discussions had taken place. He acknowledged that some divers shuck scallops “on the boat”, while others use a mobile facility that meets hygiene standards.

“One of those is acceptable and one of those practices is not acceptable,” he said, adding that sanitation is key.

“It’s ensuring the blades that you’re using to shuck are clean, that hands are clean, that there are hand-washing facilities.”

The hearing also examined what would happen if a customer made an “impromptu” request for an unlicensed fisherman to gut a fish before sale.

Deputy Luce said that once money changes hands, a contract is formed.

“The moment you’re parting with money to buy something there’s a contract there,” he explained.

“You’re purchasing food. The fisherman is selling food, is a food seller, he comes under some part of these regulations.

“And it’s quite clear that if you’re going to gut a fish and sell that fish you will need to meet the basic food hygiene standards set out.”