What is the latest progress on ‘Not for EU’ Food Labelling in GB?

‘Not for EU’ must appear on the labelling of certain foods moved from England, Scotland or Wales (GB) to be sold in Northern Ireland (NI) under the Northern Ireland Retailer Movement Scheme (NIRMS). Currently, the labelling is required only for goods moving into NI from GB by the EU (not UK) Regulation – 2023/1231 – EN – EUR.

Tight Deadlines

UK Regulations are due to impose the labelling for all meat and dairy products sold in the rest of GB on 1st October 2024. Whilst it is still possible that ‘Not for EU’ labels will also be required for relevant foods placed on sale in GB; industry responses to the consultation on the Regulation that will introduce the requirement; The Marking of Retail Goods Regulations 2024, are currently ‘being reviewed’ by DEFRA and the UK Government.

The Delays

The Food Industry has also been waiting for published guidance on the application of the Regulations and information on any mechanism to enforce them other than retailers being removed from NIRMS.

Why is there so little information available on ‘Not for EU’ food labelling in GB?

The previous Government’s resources were not concentrated on this as a priority and the recent electoral process, which has resulted in a change of Government has certainly not helped the situation.

The new Labour administration is likely to be in conversations with political leaders in NI on the requirements for ‘Not for EU’ labelling in the rest of GB. One of the reasons for the introduction of the labelling throughout the whole of the UK was to signal that the UK is indeed a United Kingdom, with laws applying equally in the whole of the Territory.

What does ‘Veterinary Agreement’ mean?

There is now also the possibility that a Veterinary Agreement may be struck between the UK and the EU by the new Labour Government. After the case for adoption was further strengthened by analysis from the Centre for Business Prosperity in April.

An EU/UK Veterinary Agreement would basically state that both accept that each other follow the same animal and plant health, food hygiene, standards of production and disease control measures and rules.

If a Veterinary Agreement is struck, ‘Not for EU’ labelling will be a redundant concept in GB and in NI. The EU Regulation imposing it in NI would have to be revoked or amended, as it is concerned with ensuring foods not produced to the same rules as are currently in force in the EU can enter NO from GB with minimal controls.

New Update – 12/09/2024

DEFRA confirmed yesterday morning at the GBNI Traders Forum Online Meeting, that ‘Not for EU’ labels will not be ‘required’ in GB as of the 1st of October 2024. This does not affect ‘Not for EU’ labelling required in Northern Ireland.

DEFRA also added that the requirement will remain a ‘potential contingency’ for the future.

DEFRA continue to brief new ministers, and are discussing the results of the consultation on the GB Domestic Regulation, the Marking of Retail Goods Regulations 2024. They also noted that any legal mechanism to enforce the requirements of the Regulations in GB are not at present, in place.

It remains to be seen how the new Government moves forward on this.

If you require further advice on using ‘Not for EU’ labelling on your products, please don’t hesitate to get in touch with Ashbury to speak with one of our regulatory specialists.