Delay in the New Labelling Rules for EU Food Imports to the UK

New Brexit labelling rules affecting a swathe of food products coming into the country from the EU that were due to come into force on 1 October 2022 have now been postponed to 1 January 2024. Defra said in an official statement that the decision was “in line with protecting consumers from unnecessary costs”. The UK government has announced a delay to remaining import controls on EU goods entering Great Britain in light of the current supply chain woes caused by the war in Ukraine and the rise in global energy costs. The legislation was set to affect labelling on goods coming from the bloc into GB market, including beef and veal, minced meat, olive oil, fruit & vegetables and wine.

Other major food labelling changes that were set to be enforced next month related to Food Business Operator (FBO) addresses, as products from EU producers would be required to have a UK-based vendor or importer address on the label. However, this meant separate labels would be needed for products intended for the GB market, which would likely result in higher costs for suppliers and importers. The deadline to use UK/EC identification marks in the GB market – needed for products of animal origin – has also been extended to 1 January 2024.

Post-Brexit labelling rules will affect a wide range of food products coming into the country from the EU, including meat, vegetables and oils. EU producers will have to have a UK-based vendor or importer address on the label.

Delaying the labelling requirements will mean that said labelling terms and EU addresses will continue to be permitted on the GB market for an additional 15 months, which would “help UK food businesses” according to Defra. Furthermore, the deadline to use “UK/EC” identification marks – required on products of animal origin – in GB has also been extended to 1 January 2024. The government said this would allow FBOs to continue to deplete existing stocks of labels, wrapping and packaging until the new rules come into force.

Industry bodies have been calling for a relaxation of labelling laws for months, particularly following the effects the Ukraine war had on oil exports and the wider supply chain. “The government has concluded that in this context it would be wrong to impose new administrative requirements on businesses who may pass on the associated costs to consumers already facing pressures on their finances,” said the British Frozen Food Federation. The BFFF called for new prime minister Liz Truss to “act immediately to address the cost of production crisis being faced by UK manufacturers”.

“There has rightly been a great deal of focus on the rising costs of energy, but less debate about the knock-on effects it is having on businesses that keep the country fed,” said CEO Rupert Ashby. “Our members have been hit with a triple whammy of rising costs for ingredients, packaging and transport, all of which are driving up production costs, which will have to be passed on to consumers if they are to stay in business. This will drive up the cost of the weekly shop, making feeding a family unaffordable for many people.”

Costly

Following a formal agreement from both Welsh and Scottish governments, the changes will apply across the whole of the UK, Meat Management reports. For beef, veal and minced meat placed on the GB market, a business can continue to refer to ‘EU’ or ‘non-EU’ when the label does not list each country of origin until 31st December 2023. From 1st January 2024 ’UK’ or ‘non-UK’ must be used when the label does not list each country of origin.

Industry bodies have been calling for a relaxation of labelling laws for months, particularly following the effects the Ukraine war on the wider supply chain, reports the Grocer.

Rupert Ashby, CEO of the British Frozen Food Federation (BFFF), called for Prime Minister Liz Truss to “act immediately to address the cost of production crisis being faced by UK manufacturers”.  He went on to say, “Our members have been hit with a triple whammy of rising costs for ingredients, packaging and transport, all of which are driving up production costs. These will have to be passed on to consumers if they are to stay in business. This will drive up the cost of the weekly shop, making feeding a family unaffordable for many people.”

Following a formal agreement from both Welsh and Scottish governments, the changes will apply across the whole of the UK, Meat Management reports. For beef, veal and minced meat placed on the GB market, a business can continue to refer to ‘EU’ or ‘non-EU’ when the label does not list each country of origin until 31st December 2023. From 1st January 2024 ’UK’ or ‘non-UK’ must be used when the label does not list each country of origin.

Drinks Business reports that the requirement for separate labels for wine bottles intended for the UK market, would have cost importers and wine merchant tens of thousands of pounds, particularly affecting those trading in small quantities. Miles Beale, chief executive of the Wine & Spirit Trade Association (WSTA), said that many businesses had made costly preparations for the October date.

“We estimate an added cost of anywhere between 5p and 50p per label, depending on volumes, business models and degree of control over supply chain. But the key point is that, whatever costs have already been incurred, we still don’t know what the new regime will be. This means every business will incur future costs,” he said.

James Miles, managing director of wine marketplace, Liv-ex, said that the government should “use this delay as an opportunity to look at import labels not just on EU imports but across all our trade. It is important to understand that import labels are a costly non-tariff barrier. Any UK-centric labelling is a barrier to trade,” he added.

How an individual food is currently labelled will determine whether it is affected. The advice below is for businesses placing goods on the GB market:

  1. Food Business Operator Addresses

The existing rules stipulate that you must include a business name and address on the packaging or food label of prepacked food products. This must be either:

  • the name of the business under whose name the food is marketed
  • the address of the business that has imported the food

For Food Business Operator addresses (FBO):

  • You can continue to use either an EU, GB or NI address for the FBO on pre-packaged food or caseins placed on the market in GB until 31 December 2023.
  • From 1 January 2024, prepacked food or caseins sold in GB – including caseins sold in business-to-business transactions – must include a UK address for the FBO. If the FBO is not in the UK, include the address of your importer, based in the UK.
  1. Quick frozen foods

For Quick-frozen foodstuffs placed on the GB market:

  • You can continue to use an EU address until 31 December 2023.
  • From 1 January 2024, the packaging, container, or label of quick-frozen foodstuffs sold in GB must include the name or business name and address of the manufacturer or packer or of a seller established in the UK who places that foodstuff on the market.
  1. Extraction solvents
  • For extraction solvents placed on the GB market:
  • You can continue to use an EU address until 31 December 2023.
  • From 1 January 2024, the packaging, container, or label of extraction solvents sold in GB must include the name or business name and address of the manufacturer or packer or of a seller established in the UK.
  1. Caseins and Caseinates

For caseins and caseinates placed on the GB market:

  • You can continue to use an EU address until 31 December 2023.
  • From 1 January 2024, the packaging, container, or label of caseins and caseinates sold in GB must include the name or business name and address of the manufacturer or packer or of a seller established in the UK.
  1. Beef and veal labelling

For beef and veal placed on the GB market:

  • You can (where appropriate) continue to refer to ‘EU’ or ‘non-EU’ when the label does not list each country of origin until 31 December 2023.
  • From 1 January 2024, you must use ’UK’ or ‘non-UK’ when the label does not list each country of origin.
  1. Minced meat labelling (goat, sheep, swine and poultry)

For minced meat placed on the GB market:

  • You can continue to refer to ‘EU’ and ‘non-EU’ when the label does not list each country of origin until 31 December 2023.
  • From 1 January 2024, you must use ‘UK’ or ‘non-UK’ when the label does not list each country of origin.
  1. Honey blends labelling

For honey blends placed on the market in England and Wales:

  • You can continue to refer to ‘EU’ and ‘non-EU’ when the label does not list each country of origin until 31 December 2023.
  • From 1 January 2024, you must use ‘blend of honeys from more than one country’ (or similar wording) if you decide not to list each country of origin.

For honey blends sold in Scotland you can make reference to trading blocs including EU and non-EU and can continue to do so after 31st December 2023.

  1. Olive oil labelling

For olive oil blends placed on the GB market:

  • You can continue to refer to ‘EU’ and ‘non-EU’ when the label does not list each country of origin until 31 December 2023.
  • From 1 January 2024, you cannot use the term ‘non-EU’ for olive oil blends sold in GB.

If your extra virgin or virgin olive oil is a blend of oils from different countries, the label must contain one of the following:

  • a list of each country of origin
  • the statement ‘blend of olive oils from more than one country’ or similar wording
  • the name of the trading bloc to which a regional trade agreement applies, for example ‘blend of olive oils of European Union origin’.
  1. Fruit and vegetable labelling

For mixes of fruit and vegetables sold in GB:

  • You can continue to refer to ‘EU’ and ‘non-EU’ when the label does not list each country of origin until 31 December 2023.
  • From 1 January 2024, you must use ‘non-UK’ or ‘UK and non-UK’ when the label does not list each country of origin.

If you’re part of the Approved Trader Scheme, you must remove the EU emblem from your UK food labels and use the replacement GB label from 1 January 2021.

  1. Egg labelling

For eggs sold in GB:

  • In GB you can continue to mark eggs that do not meet domestic egg trade regulations as ‘non-EC standard’ or ‘non-UK standard’ until 31 December 2023.
  • From 1 January 2024, you should mark these eggs as ‘non-UK standard’.
  1. Wine labelling

Wine that you import and market in GB must be labelled with the address of a UK based importer or bottler, or both.

  • You can continue to use an EU importer or bottler’s details until 31 December 2023.

To further help UK Food businesses, the use of “UK/EC” identification marks (required on products of animal origin) will continue until 31 December 2023. This is for Products Of Animal Origin (POAO) placed on the market in Great Britain. It is not applicable to POAO produced in the UK for placing on the EU, Northern Ireland or non-EU markets. This would allow FBOs to continue to deplete existing stocks of labels, wrapping and packaging carrying the ‘UK/EC’ identification mark owned by the food business operator at the end of the Transition Period. The provision started from 1 January 2021 and is only available for food businesses up to 31 December 2023.

Need help with your food and drinks labels? We are specialists with over 20 years experience, give us a call today.