Background
The UK is negotiating a new trading arrangement with the EU which, in return for the UK aligning to most EU food legislation, will remove most of the Sanitary and Phytosanitary (SPS) checks at the borders.
Aligning our food legislation is a significant task for members and their suppliers. Working with Defra and FSA we are giving you the best support and awareness possible to mitigate the cost and disruption in making those changes over the next 12 months.
This is our latest update based on discussions with officials.
Timescale
The negotiations are still continuing with the aim to finalise the new arrangements at a UK/EU summit. Only when the deal is agreed will we know all the detail of regulatory changes and transitional arrangements for phasing them in. The summit is now likely to be in July. The UK is aiming to complete alignment, outside issues covered by transition, in 12 months which would be mid 2027. At that point, if the EU is satisfied alignment has been achieved it will relax border controls.
Although the expectation is the majority of alignment will be completed in 12 months, there are some issues where a longer transitional period will be permitted. For example in long supply chains where pesticides will be phased out or to allow longer life products to be sold through with current labelling.
Issues Raised
Ourselves and members have raised a number of issues with Defra and FSA for consideration in making the changes as quickly as possible with limited disruption to businesses, a summary of current discussions is below
1. Awareness Across Industry
To achieve the goal of reduced border controls, both for goods between UK and the EU and GB to NI under the Windsor Framework, the UK will need to demonstrate compliance across the whole food industry.
Government recognises the challenge of reaching the whole UK food industry and has set up an industry group, including BRC and representatives of food producers, including SMEs chaired by Minister Hayman to oversee an extensive communication plan. It will meet monthly and assess awareness amongst businesses and review guidance to ensure its effectiveness. Defra has a series of events planned across the Summer to raise awareness, particularly amongst primary and small producers. This will build on the guidance it published in May.
Government is also gearing up extensive communications following the UK/EU summit in July. This will confirm decisions on opt outs from EU legislation, transition and sell through periods and detailed guidance on compliance and enforcement. Government is planning quick and extensive engagement after the summit to give all businesses the clarity currently lacking in guidance which has been published.
Government is also planning further guidance on imports from the Rest of the World which will be subject to aligned EU checks and the changes to food movements to Northern Ireland under the Windsor Framework.
2. Clarity of Guidance
The Government has published a suite of guidance on alignment covering everything from food manufacturing to logistics. However, as negotiations are ongoing the guidance is not specific enough for businesses to implement changes. Nor does it address issues such as allowances for transition periods, for example to sell products currently labelled to UK not EU standards.
Members have been clear for issues such as labelling, where multiple changes will be required, they are aiming for full guidance before implementation to avoid excessive costs from relabelling. We are working through our Food Working Groups with members Defra and FSA officials to ensure the guidance is complete and accurate; that includes agreement on enforcement to avoid any future disputes on compliance with the EU.
Defra’s view is agreeing accurate guidance will take time, and we may not get all confirmed guidance before the end of 2026.
3. Timescale for Implementation
Members are concerned about making changes within the proposed 12 month schedule. There is particular concern about labelling where there may be multiple changes required and lengthy lead in times to ensure all products are relabelled. There is likely to be products which are not correctly labelled in the supply chain and still in stores.
We are asking Defra for two things. Firstly, in the negotiations to agree with the EU a suitable transition period to sell through products which may not be compliant but are in supply chains. This was available at Brexit, although the definition was restricted to goods already on the market. A transition period would give businesses sufficient time to make changes whilst reassuring the EU through a limited period before full compliance. Secondly, pragmatic enforcement linked to the transition period for products in GB not at risk of entering the EU market. This allied to a sufficient sell through period would extend the period for making changes and avoid waste.
4. Rest of the World (RoW)
One issue which has had less publicity in the discussions on the SPS alignment is the changes for RoW products imported directly into the UK. Checks on these goods will need to follow EU rules and we understand the EU is keen for this part of alignment to be implemented quickly. Suppliers have raised concerns there is a lack of awareness amongst exporters to the UK and some of the changes, for example pesticides use, will take time to adapt to.
We have asked Defra to ensure good communications with RoW exporters to understand the impact of changes in the next year. Members can help this by ensuring their suppliers are aware of likely changes.
5. Regulatory Burden
The SPS alignment changes will place a significant regulatory burden on members and their suppliers. Collectively we are stressing to Government the need for all departments to think whether they can postpone planned regulatory changes to give time for the food industry to implement alignment. We have also made this argument as part of our submission to mitigate increasing food prices from the Iran war.
Defra Ministers have said they will talk to other departments to see what can be done to help the industry. We will continue to push for this over the next year.
What Do Members Need to Do
You need to ensure your suppliers are aware of the changes they will need to make over the next 12 months. Raising awareness is key at this stage.
Members should also ensure your food experts are involved in our key food working groups particularly Labelling and Legislation, Microbiology and Emerging Risks. Defra and FSA are joining these groups to understand how best through clear guidance and pragmatic enforcement the Government can support you and your suppliers to make the changes.
We will make sure you get the best access to Government experts as well as sharing the latest on the negotiations, the deal and implementation.
