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The ABC of upcoming Food Labelling Changes - Brexit
26.10.2020
Following on from the first article in this series where we looked at allergen labelling for PPDS foods, we move on to the next topic...Brexit. As the UK draws closer to the end of the transition period on 31st December 2020, a new labelling regime commences on 1st January 2021. A number of changes will be necessary from this date, which we will go through in more detail.
EXPORTING TO THE EU
Key points:
- Food of animal origin placed on the EU market before 1 January 2021 can continue to circulate within the EU market without labelling changes.
- Food of non-animal origin placed on the UK or EU markets before 1 January 2021 can continue to circulate both in the EU and UK markets without labelling changes.
- All food placed on the EU market from 1 January 2021 will have to meet EU rules.
In the 'Withdrawal Agreement' a product is ‘placed on the market’ in the EU when it is first supplied for distribution, consumption or commercial use, whether free of charge or not.
GOODS SOLD IN GREAT BRITAIN (GB) AND NORTHERN IRELAND (NI)
The guidance for food sold in GB and NI is subject to agreement with devolved administrations and Parliamentary process. Goods sold in NI will continue to follow EU rules for labelling, but some labelling changes may be required. Any required labelling changes for goods sold in GB will need to be made by 30 September 2022. Local authorities in GB will be responsible for enforcement of labelling changes.
LABELLING CHANGES - THE 5 KEY AREAS
- Food Business Operator (FBO) address
- EU Health and Identification Marks & EU emblem
- Organic Products & Use of logo
- Country of Origin Labelling
- Protected Geographical Status Changes (GI) Logos
1. Food Business Operator (FBO) address
All pre-packaged products sold in the EU currently need the address of the responsible FBO to be printed on the product labels (as per regulation (EU) No 1169/2011). From 1 January 2021 a UK FBO address will no longer be suitable for UK origin products being sold in EU countries. If a UK based FBO is not established in the EU or NI, the name and address of the EU or NI importer must be indicated on the label.
You can continue to use an EU, GB or NI address for the FBO on pre-packaged foods or caseins sold in GB until 30 September 2022. From 1 October 2022, these products must include a UK address for the FBO, if the FBO is not in the UK, the address of the importer should be included.
Remember: A FBO address must be a physical address for the persons responsible for the labelling and must be contactable for any issues/consumer feedback - a PO box address in unacceptable.
2. EU Health and Identification Marks & EU emblem
The current UK/EC oval health and identification mark on products of animal origin (POAO) produced in the UK can be used until 11pm GMT on 31 December 2020. After this date a new default health and identification mark will need to be applied to POAO produced and placed on the market in GB, NI and exported outside of the UK.
Currently legislation is being proposed to allow a 21-month adjustment period for goods placed on the GB market, this is to allow UK businesses to manage existing label stocks that have the 'UK/EC' identification mark' on. The adjustment period will not be applicable for GB/NI products destined for the EU or non-EU markets. From 1 October 2022 the use of old labels/packaging will be unlawful. Further guidance on placing POAO on the NI market will be published shortly.
The EU emblem must not be used on goods produced in Great Britain (England, Scotland and Wales) from 1 January 2021, unless authorised by the EU to do so.
3. Organic Products & Use of Logo
Companies that produce, process, label or trade in organic food and feed in GB will have to follow GB rules from 1 January 2021. GB will recognise the EU as 'equivalent' for the purpose of trade in organics until 31 December 2021, all food registered as organic in the EU will also continue to be accepted as organic in the UK market up to this date. The EU will decide whether to accept food and feed registered in the UK as organic from 1 January 2021.
The EU organic logo must not be used on any UK organic food or feed from 1 January 2021 unless it has been authorised by the relevant control body, and if the UK and EU agree to recognise each other’s standards.
4. Country of Origin Labelling
Exporting to the EU
- Food produced from GB must not be labelled as origin ‘EU’ from 1 January 2021. Food from Northern Ireland can continue to use ‘origin EU’ from 1 January 2021.
Goods sold in GB and NI
- Food from and sold in GB can be labelled as ‘origin EU’ until 30 September 2022. After this date, food from GB must not be labelled as ‘origin EU’. Food from and sold in NI can continue to use 'origin EU' from 1 January 2021.
There are specific products where additional rules apply for products sold in GB and NI, if you need more information on labelling for minced meat, fruit and vegetables, olive oil, honey blends, beef & veal, and eggs
look out for the next article.
5. Geographical Indication (GI) Logo
The EU protected food name scheme enables consumers to identify foods with clear regional provenance, after 1 January 2021 EU protection laws will no longer apply to UK related GI products. The UK will set up its own GI schemes which launch from 1 January 2021. UK schemes will protect the geographical names of food, drink & agricultural products, spirit drinks, wine & aromatised wine. There will be a 3-year transition period for producers to adopt the relevant UK logos (PDO, PGI, TSG), which will be available to download from 1 January 2021.
The UK logo will be mandatory for GB products registered from 1 January 2021 onwards. GI products that are protected in the EU can continue to use the EU logo in the UK after the transition period. Products sold in NI will need to use EU logos if the product is registered under the EU GI schemes, but it is optional to use the new UK GI logos if the product is registered under UK schemes.
*Disclaimer: the information presented in this document is a summary of key information from cited government resources, and is for general information purposes only. All information is subject to change, correct as of 26.10.20.*
