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.