Members should be aware that the Food Standards Agency (FSA) has published new Mechanically Separated Meat (MSM) Guidance. This follows a 12-week public consultation on the Guidance, published on 28 February 2024.

The Guidance is intended to clarify how the definition of MSM should be interpreted and applied, and to support Food Business Operators (FBOs) to determine whether a product is MSM in line with the clarified definition. There may be products that were previously not classified as MSM that now must be correctly classified as MSM. FBOs that intend to produce MSM must have approval to do so and it is the FBO’s responsibility to obtain it by applying to their competent authority.

The Guidance applies to relevant establishments in England, Wales and Northern Ireland. The Guidance may also be used by local authorities, FSA Operational teams and Department of Agriculture, Environment and Rural Affairs (DAERA) staff in Northern Ireland to support official controls and ensure consistency of the regulatory approach.

Businesses not compliant with the clarified definition of MSM will be expected to work towards compliance for MSM production. Enforcement of the legislative requirements will be carried out using a risk-based and proportionate approach. After publication of the Guidance, FBOs will be expected to evidence a clear pathway to achieving compliance when their establishments are inspected. The evidence must demonstrate that compliance will be achieved in the shortest, reasonable timeframe, for this to be considered as part of the proportionate enforcement approach.

The FSA, as the regulator, must uphold the law but recognises that it may take time for some FBOs to make the necessary changes. It is a priority that food is what it says it is and providing consumers with accurate and informative food information about the food they are buying is one of the fundamental principles of food labelling law. It is the responsibility of food businesses to comply with the applicable rules and some business operators may need to undertake labelling changes to comply with the clarified rules.

Where labelling non-compliance is identified, enforcement authorities are expected to assess these on a case-by-case basis, taking a risk-based, reasonable, and proportionate approach to enforcement, having regard to the Food Law Code of Practice, and their enforcement policies. Enforcement authorities will need to consider the law and relevant published guidance when considering an appropriate approach.

If you have enquiries, please contact MSM@food.gov.uk as the first point of contact.