Dear subscriber,

Welcome to our latest FSAI Brexit Ezine

At the end of this month, the Brexit transition period will finish.

To continue trading with the United Kingdom (excluding Northern Ireland) from 1 January 2021, your food business will need to comply with the requirements for importing food or placing imported food on the Irish market.

The FSAI is here to help with a number of Brexit resources available 

Brexit Bite: Brexit - food businesses are you ready?

Join us at our next Brexit Bite webinar 'Brexit - food businesses are you ready?' on Tuesday, 15 December at 10am.

In this short Brexit Bite, Anne-Marie Boland, FSAI will outline what Brexit will mean for food businesses from 1 January 2021, and will provide you with practical information on what you need to do now to make sure you are prepared.

There will be an opportunity to ask Anne-Marie questions at the end of the presentation. This free event will be held online and will last 40 minutes. 

To register please click here

What is the legal situation at the end of the transition period?

At the end of the transition period, the UK will be outside of the EU's Single Market and Customs Union.  This will mean significant and lasting change, particularly for businesses moving goods to, from or through the UK, excluding Northern Ireland.

The Protocol on Ireland / Northern Ireland means that no new procedures will apply to goods moving between Ireland and Northern Ireland.

The European Commission have published a number of 'Readiness Notices' for stakeholders across a range of areas.

The EU's Food Law Notice

• highlights the legal situation as of the end of the transition period
• addresses the case where food has been placed on the market before the end of the transition period
• addresses the rules applicable to Northern Ireland as of the end of the transition period

FSAI Brexit Q&A 

We recently updated and re-published our Questions and Answers: Brexit and Food Law in Ireland document which contains answers to the questions that food businesses have been asking us about how the end of the transition period will affect them. The Q&A also contains answers to questions generated as part of our Brexit Bite webinar series.

This document is a live document and will be edited and updated as and when new information becomes available.

Here are some of the questions food businesses have been asking about identification marks included in the Q&A.

Labelling: Identification Marks 

Most food businesses producing food of animal origin like meat, fish, milk, cheese and foods containing these as ingredients have to be approved to carry out these activities.

As part of the approval, an identification mark that is unique to the food establishment is issued. The format of the identification mark is set out in EU legislation.

Both the Great Britain identification mark and the Northern Ireland identification mark will change from 1 January 2021.

1. What will the new identification mark look like?
As a third country the UK can develop its’ own identification mark, however if placing foods of animal origin on the EU market, the identification mark must as a minimum follow the format set out in EU legislation.
The UK has published guidance on the format of its’ new identification mark.

2. What will the new identification mark for Northern Ireland look like?
The new identification mark for Northern Ireland allows for the option of either ‘United Kingdom (Northern Ireland)’ or ‘UK(NI)’ to be indicated and this is followed by the approval number of the establishment.  The identification mark will continue to indicate the letters ‘EC’ for Northern Ireland food of animal origin. 

3. If I produce a food of animal origin before 1 January 2021 and apply the current UK identification mark, can this food product be supplied to the EU after 1 January 2021 using this identification mark?
Under the terms of the Withdrawal Agreement, foods of animal origin produced in the UK (excluding Northern Ireland) and entering the EU market from Great Britain from 1 January 2021 are third country imports. The current UK identification mark is in the format specified in EU legislation for an establishment within an EU Member State. From 1 January 2021, food originating in the UK (excluding Northern Ireland) and arriving into Ireland will be imports and the identification mark must be in the format specified in the legislation for third countries.

4. Does the address on a label have to be the same establishment as that of the identification mark? 
No. An identification mark is required for most foods of animal origin to indicate that the establishment was approved to produce/process such products.  Food information legislation (Regulation (EU) 1169/2011) requires that the name and address of the food business operator (or importer) responsible for the presence and accuracy of the information is indicated on the label. 
If the name and address indicated on the label is not that of the approved establishment, care should be taken to ensure that the information provided on the label does not mislead the consumer into thinking that the identification mark on the label belongs to the food business operator indicated on the label.

5. What identification mark needs to be used for UK food of animal origin produced from 1 January 2021?
Any food manufactured in Great Britain from 1 January 2021 for import into the EU must comply with EU food law including the requirement for an EU address and the new identification mark.

Food of animal origin produced in Northern Ireland from 1 January 2021 and placed on the market in Ireland must have the new Northern Ireland identification mark.

6. What about food of animal origin on the market in Northern Ireland before the end of the transition period? 
Food of animal origin placed on the market in Northern Ireland, for example in a cold store, before 1 January 2021 can be placed on the market in Ireland and remain on this market until it reaches its end user without the need to relabel with the new Northern Ireland identification mark.

Check out more answers to Brexit questions in our Questions and Answers: Brexit and Food Law in Ireland.

FSAI Brexit Resources

We have a number of free resources available to help you prepare your food business for Brexit.

Visit the FSAI's Brexit Resources page to find all our food business resources in one place.

We will continue to keep you updated and provide information and advice on the changes from 1 January 2021.  For up-to-date information on Brexit, visit our website at www.fsai.ie/Brexit or email brexit@fsai.ie if you have any specific questions. 

Look out for future FSAI Brexit Ezines.  

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