Last Updated on August 22, 2024 by admin

 “Not For EU” Food Labels will become legal despite pushbacks

The recent ‘Not for EU’ labelling seen on products sold in the UK is causing quite a stir for both industry and consumers. While there is currently no enforced law regulating ‘Not for EU’ labelling in the UK, the UK government has asked the industry to begin transitioning in preparation for the expected legislation in October 2024. It’s an element of the Windsor Framework, a legal framework designed to support easier trade between the UK nations (Wales, Scotland, England and Northern Ireland) despite Northern Ireland being subject to EU product standard rules under EU regulations.

It creates a ‘green lane’ for certain goods travelling from Great Britain into Northern Ireland, so they face more streamlined customs processes for easier trade. The UK and EU have a joint committee discussing how to practically implement the Windsor Framework. Within these conversations, the idea of the UK-wide ‘Not for EU’ labelling was born.

The idea of labelling foods ‘not for EU’ throughout the UK Nations was proposed by the UK government to help make it easier to produce one label for all the UK (Wales, Scotland, England and Northern Ireland) and to ensure the feeling of the unity of NI within the rest of the UK. It enables the identification of products that are using the ‘green lane’ between GB and NI, thus enabling easier prevention of them crossing the border into wider EU markets, which requires more complicated customs processes now the UK is no longer a member-state.

In agreement with the UK, the EU has made the ‘Not for EU’ label a legal requirement under ‘Regulation (EU) 2023/1231 of the European Parliament and of the Council of 14 June 2023 on specific rules relating to the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of retail goods, plants for planting, seed potatoes, machinery and certain vehicles operated for agricultural or forestry purposes, as well as non-commercial movements of certain pet animals into Northern Ireland’.

It’s solely required for products that are moving to NI from Great Britain (Wales, England or Scotland) to retail premises in Northern Ireland and moving under the Northern Ireland Retail Movement Scheme (NIRMS) sanitary controls derogations; ‘green lane no.1’, and now the customs green lane derogations; ‘green lane no. 2’. It has no relevance or impact on any other member states.  These are the ‘Marking of Retail Goods Regulations 2024’ which extend to England, Wales and Scotland and are proposed to enter into force on 1st October 2024.

However, as this is a labelling-related matter, the handling of regulation for the UK is devolved. To introduce the requirement for ‘Not for EU’ labelling across the whole of the UK for domestically sold foods, new regulations will also be required in the Welsh Senedd, The Scottish Parliament and in England through the UK government. Prepacked foods ‘produced’ or dispatched from an NI-registered or approved food business (excluding prepacked foods originating from outside the UK) are not required to be labelled with ‘Not for EU’ label when they are sold in GB.

One of the main points of contention is the UK government’s intentions to add not for EU-labelling to all products sold in England, Scotland and Northern Ireland, rather than limiting it to only those who trade with NI.  In May 2023 James Cleverly, then foreign secretary said the labels would be required across the UK for “practical and philosophical” reasons. He stated that retailers wanted a common labelling regime across the UK.

In addition, the draft Statutory Instrument states that “A labelling requirement which applies only to goods on the market in Northern Ireland could create a disincentive for businesses and traders to place goods for sale on the Northern Ireland market “.

 By implementing a UK-wide approach, the government hopes to prevent a disadvantage to Northern Ireland’s supply chain long-term. However, it will add costs for GB food business operators who will have to change labels.