Questions from 8 December EU Exit Stakeholder event
The following questions are from the second EU Exit Stakeholder event on 8 December 2020.
If product is held in coldstore until after 1 January 2021 - frozen- does it then need to be relabelled with new health marks for sale in NI Market Place?
Also
What is meant by placed on the market? Does this cover product labelled in our coldstore?
Food of animal origin placed on the EU market before 1 January 2021 can continue to circulate within the EU market without labelling changes.
The definition applied in FSA guidance includes product held in cold stores in NI before the end of the transition period.
What are the new label requirements on food?
Goods sold in Northern Ireland will continue to follow EU rules for food labelling from 1 January 2021. A proportionate and risk-based enforcement approach will be implemented in a way which supports businesses as they adapt to the requirements over time. The labelling changes that apply on food business address, identification marks and country of origin are detailed in business guidance.
How should you label a mixed batch of GB and NI mince for beef and veal?
Guidance is available on how to label all chilled and frozen beef and veal, including minced beef and veal .
If POAO are slaughtered in ROI and processed and packed in NI – what Health Mark can these be given?
After 31 Dec, UK(NI) EC or United Kingdom (Northern Ireland) EC must be used. However if the product is only destined for the GB market, the current UK/EC marks can be used for a period of 21 months after 1 January 2021 to use up stocks.
Regarding the address for the FBO - can this be an additional label on the case?
Pre-packaged food and caseins must have an EU or NI address for the FBO, or an address of the EU or NI importer on the packaging or food label.
What if products come from ROI and then processed in NI what is the country of origin information?
The country of origin requirements for meat, fish or seafood products are detailed in business guidance. This includes the requirements for the different products.
If it was produced before 1st January but not shipped until after the the end of the transition period can we send a load that has a combination of GBxxxx and xxxxEC codes? Similarly can we produce with the GB code before 1st january 2021.
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 either the UK or EU markets before 1 January 2021 can continue to circulate both in the EU and UK markets without labelling changes.
Anything newly produced needs updated labelling - what about current stocks? Can we sell from NI into ROI with current labelling so long as produced before 1st Jan?
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 either the UK or EU markets before 1 January 2021 can continue to circulate both in the EU and UK markets without labelling changes.
If there is a no deal will NI still stay within EC rules and so will definitely use the UK (NI) EC marking?
The NIP will come into effect on 1st January 2021 regardless of a deal or no deal. This means after 31 Dec, UK(NI) EC or United Kingdom (Northern Ireland) EC must be used for NI goods.
Under the new guidelines are the products required to contain the retailers ROI business address in addition to the retailers head office London address?
The Food business operator (FBO) address section on https://www.gov.uk/guidance/food-and-drink-labelling-changes-from-1-january-2021 explains the steps necessary to comply, you will have to include the address of either a NI/EU FBO or your NI/EU based importer.
If so is there a grace period to run out our stock of existing labels?
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 either the UK or EU markets before 1 January 2021 can continue to circulate both in the EU and UK markets without labelling changes.
What foods/feeds of NAO being imported into NI from GB will fall under the jurisdiction of the FSA? Is there a list?
You can visit the FSA website to learn https://www.food.gov.uk/business-guidance/foodstuffs-with-current-european-union-eu-restrictions to learn which FNAO currently have restrictions placed on them to move into the EU (and NI)
Questions from 23 November EU Exit Stakeholder event
The following questions are from the first EU Exit Stakeholder event on 23 November 2020.
Are we permitted to use existing packaging after Dec 2020? i.e. packaging that has the current site code?
The UK Government recognises that businesses will need time to adapt to new labelling rules. Here is the information on the use of existing stock with the ‘UK/EC’ Identification mark.
Is there going to be a Phase Out period on packaging and use of the Existing Health Marks/ ID Marks for Products of Animal Origin? Printer Lead Times/ Product in Cold Storage etc.?
Here is the information on managing the changeover to the new identification mark that must be applied to products of animal origin (POAO), such as meat, egg products, fish, cheese and milk, after the end of the EU Transition Period at 11pm GMT on 31 December 2020.
Can the new UK/NI code be used before the 1st Jan 2021?
Here is guidance about applying the new mark before the end of the Transition Period.
Is there going to be a Phase Out period on Packaging and Use of the Existing Health Marks/ ID Marks for Products of Animal Origin? Printer Lead Times/ Product in Cold Storage etc.?
To understand how changes will be enforced please visit https://www.gov.uk/guidance/food-and-drink-labelling-changes-from-1-january-2021 where you can find guidance on Goods sold in Great Britain (GB) and Northern Ireland (NI).
Will an NI business name and address comply with both EU/NI and GB business name and address requirements?
Here is the latest advice on Food Business address labelling requirements and Country of Origin indications with respect to the Northern Ireland market.
Do the New Health Marks/ID Marks need to be in place By 1st Jan- for NI Manufacture and NI Sale? how can this include Frozen Stocks?
For guidance on operations before January 1st 2021 please visit https://www.food.gov.uk/business-guidance/guidance-on-health-and-identification-marks-that-applies-from-1-january-2021 where the FSA has specific guidance on Products placed on the market before the end of the Transition Period.
Clarity around FBO labelling - we purchase some food ingredients manufactured in UK - these are to be sold on for further processing- they will not have an EU FBO on their label. How do we get around this?
Unable to answer currently - The Food Business Operator (FBO) address section will eventually be able to answer this.
Are food manufacturers in NI allowed to use their current ID mark number after the 31st December 2020 in the NI & GB market? This would be to use up packaging. If they are allowed to use the current ID mark is the period the same as England, Scotland and Wales- 21 months?
The FSA outlines how existing stock can be used in its guidance with a specfic section on Information on the use of existing stock with the ‘UK/EC’ Identification mark which outlines the practice after January 1st for the GB and NI markets respectively.
If a food manufacturer exports their product to GB with their current ID mark after the 31st December 2020 and supplies to a supermarket chain who then brings it back to NI, will there be flexibility at the ports in NI or should this be labelled with the new NI ID mark?
FSA guidance explains the ID mark required in NI in the section 'On the Northern Ireland market'. That section also explains how various departments (including DAERA, who conduct the port checks on POAO) are working together on a shared enforcement approach, which will support business.
We in NI purchase some food ingredients which are manufactured in the UK. These are to be sold on to our customers (both in GB, NI and RoI) for further processing – they will not have an EU FBO on their label. How do we get around this?
Unable to answer currently - The Food Business Operator (FBO) address section will eventually be able to answer this.
We are a company who produce milk powders in NI and would export this to GB & EU. Some of our customers may then sell our product on to the EU and/or GB for processing. I am just wondering with regards to the health mark on our current packaging, would it be possible to label over the current health mark with the new mark for product which is being sold to the EU?
FSA guidance explains how existing packaging can be used in the section 'On the Great Britain market'. To move into the EU market business will have to apply the new health mark. Over labelling is acceptable provided it covers the original ID mark but does not conceal any other statutory information.