Brexit Labelling Webinar · UK ESH Webinar Series: Impact of Brexit on Food Labelling Nicola Smith...

UK ESH Webinar Series: Impact of Brexit on Food Labelling

Nicola Smith

Wednesday 3 June 2020

2squirepattonboggs.com

Introduction

Nicola Smith

Director, Birmingham

T +44 121 222 3230

E [email protected]


About this Presentation

Transition Period

EU Law and Institutions

Current Labelling Laws

Application of EU Food Law after Transition:

Name and address of the Food Business Operator (FBO)

Country of origin labelling

EU logos

Protected Geographical Origins (PGIs)

Products of animal origin – health and identification marks

What Food and Drink Businesses Should Be Aware of and How They Can

Prepare


Transition Period

UK left EU 31 January 2020

Transition period - EU Laws continue to apply

Ends 31 December 2020 - can be extended?

1 July 2020 – deadline for joint consent to extend

Otherwise, “Retained EU Law” from 1 January 2021

Goods placed on market during transition period can sell through

squirepattonboggs.com

Current System and Labelling Laws

A Brief Reminder


Food and Drink Laws – EU Law

COMMUNITY LAW

Directives Regulations DecisionsRecommendations

/ Opinions / ECJ rulings

EUROPEAN FOOD SAFETY AUTHORITY (EFSA)

Risk assessment and communication

Scientific opinions Working with national

bodies


Reminder - EU Regulatory Framework – Food

Information

Food Information for Consumers Regulation (EU FIC) - Adopted 25 October

2011 – Regulation (EU) No 1169/2011

Applied directly in Member States since 13 December 2014 (except

mandatory nutrition declaration which was13 December 2016)

Applies to FBOs at all stages of the food chain, with ‘food business’ meaning

any undertaking, whether for profit or not, carrying out any of the activities

related to any stage of production, processing and distribution of food.

Even FBOs not supplying directly to the consumer or to mass caterers need

to ensure that their customers (i.e. business to business) have sufficient

information to allow them to comply with the EU FIC.

UK Regulations – enabling legislation creates offences, delegates

competent authorities; deals with matters where Member State discretion

e.g. means of making information available.


Responsibilities under EU FIC

Responsibility for information rests with operator under whose name food is

marketed or importer into the EU

Operators who do not affect the information must, nevertheless, not supply

food which they know or presume has non-compliant labelling

Operators responsible for any changes they make and these must not

mislead or reduce safety

All operators must ensure compliance with the requirements within their

business


EU FIC – Prepacked Food Requirements

Required information must be given directly on package or label attached to it.

Mandatory particulars must be in minimum font size (x height 1.2mm/ 8 point print).

Mandatory particulars will include:

Legal name, customary name or descriptive name

Ingredient listing

Net quantity declaration

Durability indication

Name or business name and address of food business operator under whose name the

food is marketed, or the importer into the EU

Allergen information in ingredient list in specified format - different typeset, derivative then

allergen e.g. cheese (milk), prawns (crustacean), skimmed milk

Nutrition information (mandatory from 13 December 2016)

Origin labelling for certain products - including for primary ingredients in all foods for which

whole product origin is volunteered

QUID – Quantify ingredients that appear in name of food or are usually associated with the food,

or pictures emphasising ingredients. Various exemptions where largest surface area is less than

80cm2, 25cm2 and 10cm2 respectively

Nutrition Declaration mandatory since 13 December 2016 for most products.


EU FIC – Article 8 – Business to Business (1)

‘Article 8 (7): In the following cases, food business operators, within the

businesses under their control, shall ensure that the mandatory particulars

shall appear on the pre-packaging or on a label attached thereto, or on the

commercial documents referring to the foods where it can be guaranteed

that such documents either accompany the food to which they refer or were

sent before or at the same time as delivery:

(a) where prepacked food is intended for the final consumer but marketed at a stage

prior to sale to the final consumer and where sale to a mass caterer is not involved

at that stage;

(b) where prepacked food is intended for supply to mass caterers for preparation,

processing, splitting or cutting up.

Notwithstanding the first subparagraph, food business operators shall

ensure that the particulars referred to in points (a), (f), (g) and (h) of Article

9(1) also appear on the external packaging in which the prepacked

foods are presented for marketing.


EU FIC – Business to Business (2)

Where FBO supplies to its customers falls within Article 8, the required

details to be on the ‘external packaging in which the prepacked foods are

presented for marketing’ are:

the name of the foods;

the date of minimum durability;

special storage conditions or conditions of use; and

the name of the business and its address for the food business operator

under whose name or business name the food is marketed (or, if that operator

is not established in the Union, the importer into the Union market).


Country of Origin Labelling

Origin labelling mandatory where consumer could otherwise be misled (e.g. if image of

flag) and for certain products e.g. fresh or frozen beef, veal, pigs, sheep, goats and

poultry; honey; fruit and veg; fish; and organic products.

Commission has produced implementing rules which will require information both on

the place of rearing and place of slaughter for these meats.

May be extended to additional products in future.

In any event, for all foods where whole product origin is volunteered IF that origin is

different from origin of primary ingredient, origin labelling for primary ingredients is

MANDATORY.

Otherwise, COOL is voluntary.


Miscellaneous Food and Drink Laws (Importation

of Food, GMOs, PGIs)

Importation of Food:

Regulation (EC) No: 178/2002 – General Food Safety Requirements (definition of unsafe

food includes consideration of information provided)

Specific Regulation – Foods of Animal Origin vs No Animal Content:

Council Directive 97/78/EC - products of animal origin – health and hygiene standards

Council Directive 90/425/EEC and Council Directive 91/496/EEC – animals and animal

products – animal and public health requirements

Regulation (EC) No 510/ 2006 - protection of geographical indications (PGIs) and

Designations of Origin (PDOs)

Regulation (EC) No. 1829/2003 – Traceability and Labelling of genetically modified

food (GMOs) and food and feed products produced from GMOs:

Labelling – “This product contains genetically modified organisms”.

Regulation (EC) No. 1924/2006 - Nutrition and Health Claims

Regulation (EC) No. 1935/2004 – Food Contact Materials

Product specific labelling obligations, including in relation to spirit drinks, honey, coffee

extracts and chicory extracts, cocoa and chocolate products, certain sugars, fruit and

vegetables, fruit juices, fruit jams, jellies and marmalades and certain milk products.


Impact of Brexit

Labelling Laws to be Affected


Application of EU Food Law after Brexit

Transition Period

European Commission Notice to Stakeholders 1 February 2018 – Withdrawal of the UK and EU Food Law:

Food Labelling and Food Information, Health and Identification Marks:

• Origin labelling: EU or non-EU e.g. blend of honeys

• Name or business name and address of EU importer of food from UK

• Mandatory health or identification marks under Regulation (EC) 853/2004 (specific hygiene rules for foods

of animal origin)

Food Ingredients, Food Composition, Contaminants and Residue Limits

• Approval by Commission (for food additives, food flavourings, smoke flavourings, vitamins and minerals

and novel foods)

• Authorisation by Commission (e.g. GMOs)

• Composition requirements (e.g. food for infants/ young children, special medical purposes, diet

replacement)

• Food contact material requirements

Requirements for FBOs and Authorisation Holders (or representatives) to be established in EU e.g. GMOs;

Submission of EU Authorisation requests through EU Member State (e.g. FCMs, GMOs)

Food Production Rules / Food Hygiene Rules, Food Irradiation and Organic Production

• Food of Animal Origin – UK/ establishments need to be listed for public/ animal health/ residue control;

food to meet hygiene requirements; border inspection posts/ consignment checks.

• Food of Non-Animal Origin – listing requirements N/A, but official controls at Member State level.

• Irradiated Food – UK irradiation facility must be ‘listed’ by Commission.

• Recycled Plastic FCMs – third country manufacturing or recycling sites must be notified.

• Certificates for Organic Production – UK-issued certificates will no longer be valid; UK must be ‘listed’ by

Commission


Immediate Changes

If we end transition on 31 December 2020, some changes will be required for

all types of prepacked food and drink labels placed on market from 1 Jan 2021:

Name and Address of Food Business Operator

Country of origin labelling

The EU organic logo

The EU emblem


The Food Business Operator

Sales of Food and Drink Products in EU-27

• EU FIC: The FBO means, for these purposes, the operator under whose name or business name

the food is marketed or, if that operator is not established in the Union, the importer into the

Union market.

Sales of Food and Drink Products in UK

• You must include a UK address on pre-packed food. If the FBO is not in the UK, the address of the

importer must be included.

• Existing stocks – placing on the market:

placing on the market” means the holding of food or feed for the purposes of sale, including

offering for sale or any form of transfer, whether free of charge or not, and the sale,

distribution, and other forms of transfer themselves.“

• Making arrangements with distributors

• Assessment of likely enforcement approach to prioritise

• Interim arrangements for traceability / customer contact

• Alternative manufacturer address in the EU?

• Importer Obligations – Economic Operator Status


Country of Origin

Specific country labelling may continue

Mixed foods

Eggs

Organic foods

Minced meat

Fruit and vegetables

Blended honeys and olive oil

Beef and veal


DEFRA Country of Origin Flowchart

After Transition

(21 Months N/A)

During Transition

(21 Months N/A)

21 Month N/A now


Protected Geographical Indications/ Designations

of Origin

Protection of UK GIs in the EU

UK will set up its own geographical indication schemes: 3 years to comply

All existing products registered under EU GI schemes will receive UK GI

status and remain protected in the UK

Those who wish to protect a new product can apply to the relevant UK

scheme

Other EU protections

International protection of UK GIs


Products of Animal Origin - Changes to Health

and Identification Marks

EU health and ID marks during transition

New UK marks from 1 January 2021


Changes to Health and Identification Marks

(Cont.)

Alternative health and identification marks

Size and dimension of health and identification marks


Other Considerations

Economic Operator

When was the product ‘placed on the market’ (or when will it be)

Nutrition and Health Claims/ Vitamins and Minerals/ Food Supplements

Importing and Exporting Plant Products/ Phytosanitary Certificates

Other labels – recycling/ sustainability etc.

Supply chain disruptions – due to all of the above!


Enforcement Approach

UK and EU


Enforcement

UK:

Previously a 21 month transition period was envisaged in the event of a ‘no deal

Brexit

The Association of Chief Trading Standards Officers – encouraged a pragmatic

approach to encouraged

But subject to any further announcements/ delays, new labelling requirements will

apply for goods placed on the market from ‘Day 1’ after transition

EU laws enforced through local laws

Enforcement authorities and penalties will vary


Preparations for End of Transition

Summary of Key Considerations


Preparation for End of Transition

Review Product Portfolio:

Identify which products are sold in UK and/or EU (also keep Ireland position under

review)

Identify products where name and address of FBO will need to be changed to EU or UK

entity (depending on retail market)

Identify products where country of origin is mandatory and where UK-origin is currently

referred to as EU

Identify marks / logos used and particularly any use of EU emblem or EU organic logo

Identify Health / Identification marks for POAO and prepare for use of replacement mark

(discuss with FSA/ DAERA if UK).

Products to be sold in UK - Identify timeline to make relevant changes:

Consider existing stocks held in EU

Required period for re-design and production of new labels

Monitor UK health and nutrition claims register

Where you will become an ‘importer’ consider documents/ information needed from

suppliers to demonstrate compliance with UK laws

Review logos used and assess if any licence is for EU use/ will cover UK


Preparation for End of Transition – Continued

Products to be sold in the EU:

Identify key markets where sold

Monitor intended approach to enforcement

Consider existing stocks

• Agree with customers relabelling requirements and process (where distributors label

for local requirements e.g. language, consider dealing with Brexit labelling changes

at same point in chain)

• Assess timelines required for relabelling – possible extension to transition

Assess whether importer into EU likely to require further documentation/ information to

confirm compliance with EU food laws (safety, composition, information).

Monitor protection of UK GIs and PDOs and consider alternative protections

Monitor procedures to apply for equivalence of EU Organic Logo

Ensure retention of documents to evidence placing on the market prior to withdrawal.

Assess arrangements for passing back feedback from consumers to named FBO, where

required.

Review agreements (with suppliers and customers) to assess potential impact of supply

chain delays due to labelling (or other issues) and consider warehousing and logistics

arrangements


Further Information

European Commission Notice to Stakeholders 1 February 2018 – Withdrawal

of the UK and EU Food Law:

https://ec.europa.eu/food/sites/food/files/notice_brexit_eu_food_law.pdf

Government guidance on food labelling changes after Brexit:

https://www.gov.uk/guidance/food-labelling-changes-after-brexit

Government publication February 2020: The Future Relationship with the

EU:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/

attachment_data/file/868874/The_Future_Relationship_with_the_EU.pdf

FSA Guidance on Health and Identification Marks:

https://www.food.gov.uk/business-guidance/guidance-on-health-and-

identification-marks

European Commission’s Q&A on the UK’s Exit:

https://ec.europa.eu/commission/presscorner/detail/en/QANDA_20_104

https://ec.europa.eu/food/sites/food/files/notice_brexit_eu_food_law.pdf

https://www.gov.uk/guidance/food-labelling-changes-after-brexit

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/868874/The_Future_Relationship_with_the_EU.pdf

https://www.food.gov.uk/business-guidance/guidance-on-health-and-identification-marks

https://ec.europa.eu/commission/presscorner/detail/en/QANDA_20_104


Questions?

Nicola Smith

Director, Birmingham

T +44 121 222 3230

E [email protected]

Brexit Labelling Webinar · UK ESH Webinar Series: Impact of Brexit on Food Labelling Nicola Smith...

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