Frequently asked questions about EU Exit

Answers to some commonly asked questions about food and feed legislative changes due to Brexit.

Last updated 17 December 2020

Below you will find an overview of commonly asked questions about food and feed legislative changes due to Brexit.

The essential elements of all the current EU legislation still apply as UK law with necessary changes made to reflect the fact that the UK is no longer be part of the EU.

If you have any questions that are not covered below please email us at enforcement@fss.scot.

Will domestic food and feed law change?

Domestic legislation in place as of the 31 December 2020 will not change, and will still be enforced.

Will European food and feed law apply in Scotland after the end of the transition period?

While the vast majority of EU Regulations and Decisions have already been captured and will change from 31 December 2020, there may some that need to be ‘fixed’ during 2021. e.g. decisions from the EU that apply during December and technical amendments that need to be made after the end of the Implementing Period.

The following Scottish Statutory Instruments (SSIs) have been made to update references to what will become retained EU legislation in domestic law (up to date as 13 November 2020):

The Nutrition (EU exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/54)

  • Foods for Special Medical Purposes (Scotland) Regulations 2000
  • Kava-kava in Food (Scotland) Regulations 2002
  • Food Supplements (Scotland) Regulations 2003
  • Nutrition and Health Claims (Scotland) Regulations 2007
  • Infant Formula and Follow-on Formula (Scotland) Regulations 2007
  • Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) Regulations 2009

The Food Composition, labelling and Standards (EU exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/53)

  • The Quick-frozen Foodstuffs Regulations 1990
  • The Food (Lot Marking) Regulations 1996
  • The Spreadable Fats, Milk and Milk Products (Scotland) Regulations 2008
  • The Fish Labelling (Scotland) Regulations 2013
  • The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013

The Food and Feed Safety and Hygiene (EU exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/52)

  • The General Food Regulations 2004
  • The Genetically Modified Food (Scotland) Regulations 2004
  • The Genetically Modified Animal Feed (Scotland) Regulations 2004
  • The Food Hygiene (Scotland) Regulations 2006
  • The Food Irradiation (Scotland) Regulations 2009
  • The Official Feed and Food Controls (Scotland) Regulations 2009
  • The Animal Feed (Scotland) Regulations 2010
  • The Plastic Kitchenware (Conditions on Imports from China) (Scotland) Regulations 2011
  • The Materials and Articles in Contact with Food (Scotland) Regulations 2012
  • The Food Safety (Sampling and Qualifications) (Scotland) Regulations 2013
  • The Contaminants in Food (Scotland) Regulations 2013

Amendments to The Fishery Products (Official Controls Charges) (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/100)

  • The Fishery Products (Official Controls Charges) (Scotland) Regulations 2007

The Food Information, labelling and Standards (EU exit) (Scotland) Regulations 2019 (SSI 2019/285)

  • The Quick-frozen Foodstuffs Regulations 1990
  • The Food Hygiene (Scotland) Regulations 2006
  • The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013
  • The Honey (Scotland) Regulations 2015
  • The Caseins and Caseinates (Scotland) (No. 2) Regulations 2016

The Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (SSI 2020/372)

  • The Meat (Official Control Charges) (Scotland) Regulations 2009
  • The Official Feed and Food Controls (Scotland) Regulations 2009
  • The Foods for Specific Groups (Scotland) Regulations 2016
  • The Food and Feed Safety and Hygiene (EU Exit) (Scotland) (Amendment) Regulations 2019
  • The Food Composition, Labelling and Standards (EU Exit) (Scotland) (Amendment) Regulations 2019
  • The Nutrition (EU Exit) (Scotland) (Amendment) Regulations 2019
  • The Fishery Products (Official Controls Charges) (EU Exit) (Scotland) (Amendment) Regulations 2019
  • The Food Information, Labelling and Standards (EU Exit) (Scotland) (Amendment) Regulations 2019

How will we refer to the food & feed law amended by SSIs in communications and notices?

Directly applicable EU legislation in force at 31 December 2020 will be converted into UK law and we are referring to that as retained EU legislation.

The Legislation website has been expanded to include ‘Regulations originating from the EU’. This is the link to what will become the retained Regulation (EU) No 1169/2011 to give an idea of how legislation will appear. As it stands, it still mentions EU and EU Institutions but various GB statutory instruments will amend this Regulation on 31 December to make it workable in GB. The term GB is used because Northern Ireland will remain under the EU requirements for food and feed safety, hygiene and standards as per the Northern Ireland protocol.

Will Local Authority Officer Authorisations need to be updated?

Local Authority Officer Authorisations will reflect the changes to leaving the EU and should be in place from 1 January 2021.

Food

What is the guidance related to identification (ID) and health marks?

Food Standards Scotland have updated the guidance related to ID and health marks, and it can be found here.

When does the adjustment period for changes to identification marks for Products of Animal Origin (POAO) placed on the market in Great Britain (GB) start?

The adjustment period begins on 1 January 2021 and ends on 30 September 2022. Further details can be found here.

Do Food Business Operators (FBOs) need to amend their food labels address for EU exit?

Subject to Parliamentary approval, FBOs can continue to use an EU, GB or NI address on prepacked food or caseins sold in GB until 30 September 2022.

Feed

Do feed imports standards change?

After the transition period all Third Country feed imports will still need to meet the same standards at importation presently applicable as EU requirements will be directly transposed into UK law.

How do border controls for feed imports change?

Border controls for the importation of EU goods will be brought into place in a phased approach.

Read more details about the the Border Operating Model controls expected.

Sets out the core model that all importers and exporters will need to follow from January 2021 as well as the additional requirements for specific products such as live animals, plants, products of animal origin and high-risk food not of animal origin.

Training

What training related to EU exit is available to Local Authority Officers?

A range of online training and webinars are available from the Food Standards Agency (FSA) and Defra. 

Please note that Food Standards Scotland is not responsible for the content of third party websites.

FSA e-learning:

Defra webinars:

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