Brexit, Pre-Packed Food Products And Food Business Operators

• Published date: 17 March 2021
• Subject Matter: Corporate/Commercial Law, Government, Public Sector, Corporate and Company Law, Constitutional & Administrative Law
• Law Firm: Birketts
• Author: Paul Palik and Jack Shreeve

Brexit has brought about significant changes to the foods industry with dramatic impacts across the sector. Aside from new border controls, declarations, registrations, listings and customs requirements, the rules on labelling must also be adhered to.

We have recently advised a number of our clients in connection with the labelling processes for exporting pre-packed food products from Great Britain (GB) to the European Union (EU) and to Northern Ireland (NI).

From the 1 January 2021, labels on pre-packed food products have needed to include:
(a) the origin of the pre-packed food product; (b) health and/or identification marks; and (c) any other mandatory information such as relating to farming methods and marketing standards. Each label must also include the name and address of a food business operator (FBO) established in the EU - who will be responsible for the pre-packed food products in the EU. Here, it is important that the name and address of the FBO is genuine and substantive enough to enable the FBO to be contacted directly, quickly and easily concerning any issue arising from their product and to allow enforcement notices to be served if necessary.

We understand that where a GB business does not have an establishment in EU or NI (as appropriate), it will need to either: (a) set up in EU or NI (as appropriate); or (b) find an importer to take responsibility for the pre-packed food products including the presence and accuracy of the food information on the label presented to the consumer in the market.

When putting in place an agreement with an importer to act as your...