Members will recall that back in July we highlighted that Defra had published a consultation on the draft Regulations which will implement Extended Producer Responsibility for packaging, as set out in the March 2022 Government Response.

As a reminder, this consultation will close at 23:59 on 9th October 2023 and can be found here

We would strongly encourage BFFF members to respond to the consultation individually. Consultations are always a numbers game so this is vitally important to ensure the key points come across as strongly as they should. This is your chance to help ensure an effective regulatory framework is put in place.

The BFFF will also be submitting a response, however to date, we’ve had very little feedback from members. Therefore, to ensure our response accurately and appropriately represents our members, please could you also forward your answers/thoughts/comments to deniserion@bfff.co.uk by Friday 29th September.

BFFF are members of INCPEN’s Trade Association Group, who in recent weeks have been debating the consultation at great length. As an output from those discussions, an industry reference document has been produced. With their kind permission, INCPEN have agreed that BFFF members can use this document to assist in formulating their responses. It can be found here.

Labelling ‘Not for EU’

As regards the requirement for box-level labelling of ‘Not for EU’, Defra clarified in guidance published on 9 June that a shrink-wrapped cage, fully enclosed and carrying a ‘not for EU label’, would meet the requirement.

From 1 October, Defra have now stated that it will also be acceptable to label “other equivalent containers and enclosed structures”, on the same condition that they are securely fastened with shrink wrap which carries a ‘not for EU label’, and can therefore be considered a single trade unit.

We are currently trying to clarify what is meant by “other equivalent containers and enclosed structures”, but hope that it will include pallets, as we know many of our members have been pushing for this. We will keep you updated.

Rest of World products

There are also a small number of Rest of the World products for retail which are currently moving legitimately under STAMNI arrangements, where concerns have been raised as to whether they are covered under the NIRMS. With respect to products which contain goods of plant or animal origin which originate from the Rest of the World, Defra guidance clarifies that any products processed in Great Britain will be eligible for the scheme, alongside:

i. products produced in the EU or travelling through EU Border Control Posts before moving to Great Britain;

ii. products which do not require any certification or controls, for example canned fruit and vegetables, nuts and seeds, flour and wine;

iii. products that are not subject to animal or plants health controls;

iv. fisheries products that come from countries specified in the relevant EU regulations; and

v. goods included on a list of ‘exempted goods’ – this includes the like of New Zealand lamb and pet food (the ‘Rest of the World list’).

Defra have also confirmed they’re working on expanding the additional list of ‘exempted goods’. That work includes adding cooked Thai poultry, which some retailers have raised as the key relevant outstanding product. Defra promise a further update on this in early October.

In store posters

In addition, Defra have shared official templates for posters in stores, as well as guidance, to ensure there is support available to retailers to support staff in explaining these requirements to consumers. For the avoidance of doubt, Defra confirms that, while there are requirements for appropriate labelling and signage where NIRMS goods are stocked, there are no obligations on staff in shops to monitor or enforce any rules concerning their onward movement. Defra plan to follow up with broader public communications ahead of 1 October to explain the changes that customers will see in relation to labelling and signage in stores.

Join Partners& for another “fun and informative” Partners& Employment Webinar on the 19 September 2023.
Their very own Steve Herbert, Dan Cockram and Matt Jenkin, employment partner at Moorcrofts, will provide commentary on several topical areas, including Employment Law and Wellbeing and Employee Benefits issues.

They’ll also be revealing their special guest in the coming weeks so keep your eyes peeled!

Register now to reserve your FREE place
https://ow.ly/kCWQ50PmwMe

Our Health & Safety Expert Group met again this week to discuss industry related topics. We welcomed a new member to group, Richard Bufton of Lineage Logistics.

In this meeting, we discussed emerging issues with our group of H&S professionals. Topics covered included the new BFFF assured guidance for Emergency Arrangements and Treatment in the Event of Eye Exposure to Ammonia, Freezer Risk Assessments and Stress Risk Assessments.

We were also joined by our membership primary authority provider, Helen Atkinson of Wakefield Metropolitan District Council who talked us through some emerging issues such as freight containers as a confined space/hazardous atmosphere, drugs & alcohol, driving at work, vehicle load security, welfare at work, congestion charges leading to HGV’s decanting stock just outside of ULEZ areas, energy costs/knock on effects and noise.

Our guest speakers included:

· Neil Wells Latus Health & Kelly Coggon of IDC (Occupational Health Providers) and

· Andy Mee of Tilisafe (Training Software Solutions Providers).

If you are thinking of joining the BFFF Health & Safety Group, want to find out more about the Primary Authority schemes or emerging issues, please contact us for more information simonbrentnall@bfff.co.uk.

Earlier this year, the Government and the EU agreed the Windsor Framework. The agreement establishes a new scheme, the UK Internal Market Scheme (UKIMS), for the movement of ‘not at risk’ goods into Northern Ireland. This scheme replaces the UK Trader Scheme (UKTS) from 30 September 2023.

With just under one month to go, we would strongly encourage eligible businesses that move goods into Northern Ireland to complete their application for the UK Internal Market Scheme. Government will then endeavour to process applications as quickly as possible.

To support traders further, there is a UKIMS fact sheet which includes a step-by-step video guide on the UK Internal Market application form. This video provides an example walkthrough that helps break down the different information that is required to complete this process successfully. Traders can also refer to the Windsor Framework: Frequently Asked Questions (FAQ).

If the new authorisation is not processed by 30 September when the UKTS closes then, if eligible, traders can claim back any duties via the Duty Reimbursement Scheme, or they can claim a Customs Duty waiver. Once traders are authorised, they can continue to declare goods ‘not at risk’ under the UKIMS.

Last week IGD released its new Viewpoint Special report: Rebuilding economic resilience in the UK food supply chain.

The UK food and grocery supply chain proved to be impressively resilient during the Covid-19 pandemic, however, it has come under severe pressure since then. Some disruptors are already emerging and may manifest over the next 24 months.

In this report IGD’s Economists analyse what’s happening, the key issues impacting the UK food supply chain and the emerging threats.

You can download this free of charge, as the full report, or as one-page executive summary for a quicker view and easily shareable with your colleagues. Both are available to download here.

As always, IGD welcomes your feedback. If you have any questions or would like support, please do get in touch at askigd@igd.com.

You can find out more about IGD Social Impact here.