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Food & Drink update – September 2021

Food & Drink update – September 2021

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Allergen labelling – are you ready?

On 1 October 2021, the law on allergen labelling for pre-packed for direct sale (PPDS) […]

On 1 October 2021, the law on allergen labelling for pre-packed for direct sale (PPDS) foods changed. PPDS foods can include food that consumers select themselves, for example from a display unit, as well as products kept behind a counter, or some food sold at mobile or temporary outlets. Any food business selling PPDS foods will have to include the name of the food and a list of ingredients directly on the packaging or label. If the food contains any of the 14 allergens, they must be emphasised in bold, upper case, contrasting colours or underlined.

This change brought the provision of allergen information on PPDS foods in line with labelling for pre-packed food, reducing consumer confusion. Also known as ‘Natasha’s Law’, the changes were introduced following the death of teenager Natasha Ednan-Laperouse from an allergic reaction caused by a packaged baguette which, at the time, did not require allergen labelling.

Failure to comply with the new allergen labelling rules is a criminal offence and may result in a criminal prosecution being brought against the food business. A person convicted of an offence under the legislation will be liable to an unlimited fine, the amount of which will be decided by magistrates on a case by case basis.

To help support food businesses, the Food Standards Agency has launched a PPDS Hub featuring useful information including new labelling guidance for PPDS foods and guides that will be helpful to specific sectors including bakery, butchers, fast food and takeaways, mobile sellers, restaurants, cafes and pubs, event caterers and schools. The guides each give practical information on PPDS and how these changes could impact a food business.

WM comment

Preparations for these new rules should be well advanced at this stage but if you need any help in understanding what the legislation means for you please give your usual contact within the Food and Drink team a call.

Border checks delayed until 2022

British food and drink exports to the European Union (EU) have been subject to full […]

British food and drink exports to the European Union (EU) have been subject to full border checks since 1 January 2021 when the Brexit transition period ended. While similar checks on the importation of food and drink from the EU were due to come into force on 1 October 2021, implementation of these border checks have been delayed until July 2022.

Under the new proposals announced by Government, customs declarations and controls on food and drink imports will be introduced as planned on 1 January 2022 but the requirement to make safety and security declarations will be delayed until 1 July 2022 and the need for pre-notification of agri-food imports will be delayed from 1 October 2021 until 1 January 2022.

The new timetable for introducing the border controls is as follows:

WM comment

Although many food and drink businesses have invested significant time and money getting ready for the new border control regime, the postponement will allow all FBOs to be ready for the introduction of checks next year.

First new registration under the UK Geographical Indication scheme

The new, independent geographical indication schemes were launched after the end of the transition period and are […]

The new, independent geographical indication schemes were launched after the end of the transition period and are designed to ensure that popular and traditional products from across the United Kingdom can obtain special status to mark out their authenticity and origin. Food, drink and agricultural products with a geographical connection or that are made using traditional methods can be registered and protected as intellectual property. This protection is called a geographical indication (GI). GI protection guarantees a product’s characteristics or reputation, authenticity and origin. It protects the product name from misuse or imitation. The UK GI schemes protect registered product names when they are sold in Great Britain (England, Scotland and Wales) whilst the European Union GI schemes protect registered products names when they are sold in Northern Ireland and the EU. Producers in Great Britain will need to secure protection under the UK GI schemes before applying to the EU schemes to protect a product name in Northern Ireland or the EU.

An individual or business does not own a GI. Any producer can make and sell a product under a registered product name if they follow the product’s specification and are verified to do so. A GI is different to a trademark which belongs to the business that registered a product brand for protection.

In August 2021, Gower Salt Marsh Lamb became the first new food to receive protected status under the UK GI schemes. The meat produced from lambs born and reared on the Gower Peninsula in South Wales has gained full protection and recognition as a Protected Designation of Origin (PDO). The protection has been given as Gower Salt Marsh Lamb producers were able to demonstrate their meat’s characteristics are essentially and exclusively due to its particular area of production. Produced using knowledge and skills dating back to medieval times, Gower Salt Marsh Lamb comes from lamb born, reared and slaughtered on the Gower Peninsula. The meat gains its unique characteristics from specific vegetation and environment of the salt marshes on the north Gower coastline, where the lambs graze over long distances for more than half of their lifetime. It is a seasonal product, available from June until the end of December.

WM comment

If you are interested in learning more about geographical indication or brand protection in general please speak to one of our intellectual property team.

New food labelling scheme – call for evidence launched

On 13 September 2021, Government launched a call for evidence on a potential new food […]

On 13 September 2021, Government launched a call for evidence on a potential new food labelling scheme the intention of which is to promote high animal welfare and food standards. The call for evidence builds on commitments made during the passage of the Agriculture Act 2020 through Parliament.

The new food labels would help customers identify and support high welfare standards and to choose more easily to buy products from British farmers and producers. Government hopes to gather information on the potential scope, regulation, format and enforcement of a new labelling scheme, as well as the actual welfare standards that might underpin it, building on the existing voluntary assurance schemes in the UK. All evidence will be used to inform future policy proposals on labelling for animal welfare, and will also feed into a wider review of food labelling to inform Government’s Food Strategy White Paper.

WM comment

The call for evidence is open for 12 weeks and closes on 6 December 2021.

New labelling requirements for single use plastics

The Single Use Plastics Directive (SUPD) came into effect in the European Union on 3 July 2021. […]

The Single Use Plastics Directive (SUPD) came into effect in the European Union on 3 July 2021. SUPD is a wide ranging directive that seeks to reduce marine pollution from plastic products that are made for single use. As well as banning some single-use plastics, SUPD contains various awareness-raising measures to encourage consumers to buy less plastic. Member states must take measures to inform consumers about the availability of reusable alternatives and the impact of littering, as well as introduce a ban on certain single use plastic products including expanded polystyrene food containers and cups, plastic stirrers, cotton bud sticks and plastic cutlery. Another of these measures is a requirement that single-use plastic products carry a label alerting the consumer that the product contains plastic.

From 3 July 2021, EU member states must require that single use plastic cups, sanitary products, wet wipes and tobacco products carry a label informing consumers of the presence of plastic in the product including a picture of a dying turtle (see below), the negative impact of littering, and the product’s appropriate waste disposal options on its packaging. Note that it is the responsibility of the member states to implement the labelling requirement, products exported to the EU from non EU member states do not need to carry the mark. Since the UK’s departure from the EU, SUPD does not apply to England, Scotland or Wales but, as part of the Northern Ireland protocol, it does apply in Northern Ireland. Whereas SUPD came into effect on the July 2021 in EU member states, Northern Ireland has been given until 1 January 2022 to implement the directive. Scotland and Wales are consulting on their own devolved legislation which aims to meet the SUPD requirements.

Contacts

Richard Naish - Partner, Corporate and Food & Drink at Walker Morris LLP square

Richard Naish
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