Dec 8th, 2020
4 mins
On 18th November, the FSA published new guidance to support businesses changing over to the new identification mark that applies from 1st January 2021, including detail on its early use.
The Government recognises that food business operators (FBO) who export Products Of Animal Origin (POAO) to the EU or Northern Ireland market may need to prepare to meet the new identification mark requirements before the end of the transition period. Therefore, application of the new identification marks before the end of the transition period will be allowed as long as the FBO manages this appropriately by ensuring the product remains within their control, ready for release to the EU or Northern Ireland market after 11pm GMT on 31st December 2020.
The guidance informs that the FSA is working with local authorities on a risk-based and proportionate enforcement approach but if product bearing a new identification mark is found on the EU/Northern Ireland market prior to the end of the transition period, it will be non-compliant with EU law and could be subject to enforcement action by the applicable EU member state.
Similarly, after 11pm GMT on 31st December 2020, POAO produced in Great Britain with the current ‘UK/EC’ identification mark will not be permitted to be placed on the EU /Northern Ireland market. This means that they will need to be rewrapped, repacked or relabelled to be compliant with EU law. In some instances, over-labelling, the ‘UK/EC’ identification mark with a new identification mark may be appropriate before exporting product, as long as it does not obscure any other mandatory labelling information.
You can read the guidance in full here including further detail of who is allowed to carry out the rewrapping or repacking activity and the specific requirements to ensure traceability is maintained and food safety is not compromised.
Members, please note that the above text was issued by the FSA in mid-November, recent events mean that the level of enforcement in Northern Ireland may differ from the position above. The announcement recently that the Government have agreed a deal with the EU on the movement of goods to Northern Ireland may result in further changes. This will only become clear as further details are released.
