Understanding the labelling requirements for different markets can be a minefield, particularly as the requirements are becoming increasingly non-harmonised across the EU. We regularly guide clients on the requirements for their chosen markets and as a result have come across some recurring themes. In this short article we've provided some tips on how to avoid the pitfalls and ensure export success.

Check Harmonised & National Legislation

Food labelling rules for the EU are harmonised under regulation no. 1169/2011, but there are many additional regulations and directives at National level that also need to be considered. This can include product specific rules such as restrictions on plant-based product naming, recycling/environmental information and registrations/notifications for products and packaging. There are also marketing standards and compositional standards for various products that need to be adhered to.

What about the UK? The UK currently follows retained EU law as well as National legislation; however, the recently approved Brexit Freedoms Bill will end the special legal status of all retained EU law by 31 December 2023. This will give the UK the opportunity to develop new laws, the impact of this is not yet known for food labelling legislation but is something we will be keeping an eye on.

Plan early - avoid a 'fail to fit' scenario

Often companies don't factor in the extra time and cost required to adapt labels to the standards in the country they wish to export to. This can result in a 'fail to fit' scenario, where the packaging isn't large enough to fit all the languages and markings on that are required. It's important to consider packaging design/size early on in the development process, as well as deciding which markets to sell into in advance (if possible). This avoids any quick fixes, such as having to over label packaging that is already printed. It also saves your labelling advisor from a big headache :)

Lost in translation

Automatic generated translators such as google translate/DeepL are sometimes used as a quick solution for on pack translations, however it is important not to rely solely on these as they can be a little too literal. Using native speaking translators is key, particularly with food products as English terms don't always translate well into other languages. For example, a vegan meat alternative described as 'chicken-style' in the UK might not have the correct meaning for consumers in some EU countries, unless the translation is adapted correctly. This is essential to get right, after all, if your customers don't understand your products why would they buy them?

Ensure you have all the puzzle pieces

Of course, labelling is only one area that needs to be sorted to ensure your product can be exported successfully. Here are our top 5 areas to address to ensure a smooth process:

1. Shipping & Distribution - having a good relationship with your shipping and distributors is key. Shipping services can vary depending on what INCOTerms you have agreed whether it is just bulk shipping, including warehousing, or if it is to include further distribution.
2. Importer of Record - An importer of record, provides a service for situations when a company is importing goods into a country where it has no representation and/or it wants the asset to remain the property of the exporter/shipper/origin company. The IOR provides an in-country presence to import the goods into that country.
3. Technical and legal market representation - Commonly referred to as Authorised Representation. An Authorised Representative (AR) is a recognised legal entity in the market where the product is being sold and holds the responsibility to act as a neutral party between the competent authorities and the non-EU/non-UK manufacturers. This is particularly useful if you do not wish to setup an entity in the EU/UK. 
4. B2C considerations – Import One-Stop Shop (IOSS) for VAT claims - An EU IOSS VAT number is used to keep track of how much tax your business collects from sales and allows you to remit the VAT to the European country of registration. In the UK, imported goods are subject to import VAT, so you can either register for VAT or you can use an agent in the UK to import and supply goods on your behalf.
5. EORI (Economic Operator Registration and Identification) number - An EORI number is an identification number needed to export shipments from the UK and EU to keep track of shipments more smoothly. 

If you're struggling to understand the labelling requirements for your export markets, then we can help. We offer labelling guidance, as well as our Authorised Representation (FBO) service that we run in conjunction with CERTLabel. Get in touch to see how we can help!

18/10/22