Labeling after the Brexit: what will change?

On Jan. 1, 2021, the United Kingdom (UK) will officially leave the European Union and the Brexit will be a reality. This is a big change and requires a lot of adjustments for all kinds of industries, including the food industry. Therefore, many entrepreneurs are rightly wondering what adjustments they need to make on the labels of products exported to the UK. In addition to this question, it is also important to know how much time entrepreneurs have to adjust labels. This article provides an update based on three frequently asked questions.

What label adjustments must be implemented by when?

Now that the UK has left the European Union, it is legally considered a "third country." In principle, labels did not have to be changed on Jan. 1, 2021, as there is a legal transition period until Sept. 30, 2022. However, there are some important changes that need to be taken into account now. For example, the label must show the EU address of the importer importing the product into the EU. In fact, Article 8(1) of Regulation 1169/2011 states that the importer is responsible for food information if the food business operator is not located in the Union.

In addition, the EU health and identification marks (consisting of the familiar oval with approval number) must be adapted to "UNITED KINGDOM", "GB" or "UK". Finally, products with a protective geographical indication logo (PDO, PGI and TSG) must bear the UK's own logo.

As for the organic label, "EU Agriculture" may appear on labels until Sept. 30, 2022. After that date, it should be changed to "non-EU Agriculture." The mandatory indication of origin must also start referring to "non-EU" or the UK as a third country. This is subject to an effective date of October 1, 2022.

What specific product groups are subject to modified rules?

Specific legal rules apply to a number of products. That is, the European rules no longer apply, the rules established in the UK's national laws do. In some cases, these legal rules differ from the European rules. It is therefore important to take into account now that the labels for these product groups need to be adapted. This concerns the following product groups: drinking water, bood and flour, cocoa and chocolate products, fats and oils, fish, fruit juices and fruit nectars, honey, jams and similar products, products containing meat, milk and milk products, instant coffee and chicory root extracts and specific sugar products, such as sucrose and glucose syrups. Existing labels that comply with European legislation can be used until Sept. 30, 2022. In order to legally sell the products in the UK after this date, the labels of these product groups must be updated according to UK national rules. The UK government website (https://www.gov.uk/guidance/food-standards-labelling-durability-and-composition) lists the national laws for these product groups.

What impact will the Brexit have on exports?

For exporting food products to the UK, you do not need to adjust anything until December 31, 2021. This is because European standards will remain in place until then, due to the fact that the British Standards Institution (BSI) remains a member of the European Standards Organisations (CEN, CENELEC, ETSI) until that date.

To export plant and animal products to the UK, the products must meet the phytosanitary standards applicable in the UK. Plant products must be accompanied by a phytosanitary certificate. Fruit and vegetables must have a certificate of conformity inspection. Some fruits are not required to have a phytosanitary certificate, examples are: pineapples and dates and packaged and processed fruits and vegetables. These new standards will be implemented in three phases on Jan. 1, 2021, April 1, 2021 and July 1, 2021. For animal products, they can initially be exported without additional controls. However, from April 1, 2021, those foods must be notified in the "Import of products, animals, food and feed system" (IPAFFS) at least 24 hours before arrival and accompanied by a health certificate (EHC) imposed by the UK.

However, the UK is still in the process of establishing rules regarding the import and export of goods and little is known about the content of these certificates. Also, the information keeps changing and that complicates the export certification the NVWA is focused on.

Want to know more about this topic?

It is clear that a lot is going to change for food companies. It is imperative to keep a close eye on the UK government website to be aware of the latest developments surrounding Brexit. If you have any questions or want to know more about this topic, the consultants at Précon are ready to assist you. Contact us at +31 30 65 66 010 or email info@precon.group.