As a result of Brexit, changes are required to food product labels in the UK. Having previously been deferred, the implementation of these requirements is scheduled to go live from 1 Jan 2024.
FBO/Importer Address
• From 1 Jan 2024, all pre-packaged food or caseins sold in GB must include on the label a UK address for the Food Business Operator (FBO).
• If the FBO is not in the UK, the label should include the address of the UK based importer.
• Pre-packaged food or caseins sold in NI must include on the label a NI or EU address for the Food Business Operator (FBO).
• The address needs to be a physical address. A PO Box, email address or phone number is not sufficient for this purpose.
For imported products, the name/address of the business on the food label is the entity who takes legal responsibility for the information on the product label in the UK market. They represent the manufacturer, who is based outside of the UK. This role comes with responsibilities including (but not limited to):
• Holding information for the product, and being able to produce the file immediately if it is requested by an authority.
• Being the first point of contact for authorities if there is any query or issue with a product.
• Co-ordinating any product recall.
Options for Irish food producers
To satisfy this new requirement, there are several options available to Irish food producers. The best option for any food producer will depend on individual circumstances. The available options are:
| Option |
Considerations |
| Use your own business entity in the UK This can be a viable option if you already have a physical office or presence in the UK. |
The initial and running costs of setting up and maintaining a new entity in the UK market |
| Use your distributor/importer’s address This can be a viable option if you have a longstanding relationship and they are happy to take on the role |
The entity who first puts the product on the market in the UK will become the importer, are they willing to take on this responsibility? Do they fully understand the legal responsibilities? Will this tie you to a particular distributor/importer, and what are the implications if there is a breakdown in the relationship? |
| Use a Third Party Authorised Representative This can be a viable option if neither of the previous options apply or appeal. |
Pricing structures and rates (usually a set-up fee and an on-going subscription). Do they understand the specific requirements of the food industry (different requirements to other industry segments)? |
For more information:
https://www.gov.uk/guidance/food-labelling-giving-food-information-to-consumers#show-the-name-and-address-of-the-food-business-operator
https://www.gov.uk/guidance/food-labelling-giving-food-information-to-consumers#labelling-pre-packed-food
Food Standards Agency (UK) Guide for import/export
https://www.food.gov.uk/business-guidance/imports-exports