Import controls and bans

There are restrictions within the EU on the additives permitted in certain jelly confectionery because there is a risk of choking. These sweets are widely available in Japan and the Far East. 

The use in jelly mini-cups of certain additives specified in Annex II of Regulation 1333/2008, and the sale of these jelly mini-cups, is prohibited. Jelly mini cups are defined as: 

• confectionery of a firm consistence, 
• contained in semi-rigid mini-cups or mini-capsules, and 
• intended to be ingested in a single bite by exerting pressure on the mini-cup or mini-capsule to project the confectionery into the mouth. 

In addition, the use of E425 konjac in all jelly confectionery, including jelly mini-cups, and the sale of such confectionery, is not permitted under Regulation 1333/2008. 

These provisions are enforced by way of The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013. 

Commission Implementing Regulation (EU) 2020/1158 on the import of food and feed following the accident at the Chernobyl nuclear power station has been published in the Official Journal. 

The Regulation applies to food and feed within the meaning of Article 1 of Regulation (Euratom) 2016/52. The applicable products (mushrooms and certain fruit) are listed in Annex II, and come from the countries listed in Annex I. 

Exempted from the controls are products where their gross weight is less than 10kg of fresh product or 2kg of dry product of: 

• trade samples, laboratory samples or as display items for exhibitions, which are not intended to be placed on the market, 
• passengers’ personal luggage and are intended for personal consumption or use, 
• non-commercial consignments sent to natural persons not intended to be placed on the market, and 
• consignments intended for scientific purposes. 

All consignments must be accompanied by the official certificate in Annex III and bear the identification code, which is also used on the Common Health Entry Document (CHED). The official certificate must be issued by the competent authority of the third country of origin or of the third country where the consignment is consigned. 

The official certificate must be issued before the consignment leaves the control of the competent authority of the third country issuing the certificate. It is valid for not more than 4 months from the date of issue, but in any case, no longer than 6 months from the date of the results of the laboratory analysis. 

The official certificate shall attest that the products comply with the maximum permitted levels laid down in Article 3 and must be accompanied by the results of sampling and analysis. Consignments must enter through a Border Control Post where they will be subjected to identity checks and physical checks, including a laboratory analysis on the presence of caesium-137, at a frequency of 20%.  

Regulation 2020/1158 has been implemented by means of Declaration OFFC/2020/S/002 issued under Regulation 35 of the Official Feed and Food Controls (Scotland) Regulations 2009 and Declaration TARP Reg 25/077 issued under Regulation 25 of The Trade in Animals and Related Products (Scotland) Regulations 2012. 

Products of animal origin can be imported into Great Britain from China if they comply with specific animal and public health conditions. 

The following products can enter Great Britian providing each consignment undergoes pre-shipment checks for the presence of the illegal veterinary medicines chloramphenicol and nitrofurans and their metabolites. There must also be a signed declaration from the Chinese competent authority with the analytical check results. 

Consignments of aquaculture fishery products need to undergo pre-shipment checks for the presence of malachite green and/or crystal violet, and/or their metabolites, and be accompanied by a signed declaration from the Chinese competent authority with the analytical check results.  These products are: 

• aquaculture fishery products 
• peeled and/or processed shrimps 
• crayfish of the species Procambarus clarkii caught in natural fresh waters by fishing operations 
• casings 
• rabbit meat 
• honey 
• royal jelly 
• poultry meat products from Shandong Province heat treated to at least 70°C 
• eggs and egg products 
• propolis and bee pollen 

The import restrictions for certain products derived from poultry from China remain in place due to deficiencies in sanitary conditions and the outbreak of avian (bird) flu. 

No other products of animal origin are permitted for import from China into Great Britain. 

Kava-Kava, a member of the pepper family, is a traditional herbal remedy for the treatment of anxiety. The herb has been banned since 13 January 2003. This is because of concerns about its toxic effect on the liver. You cannot import kava kava supplements or foods containing this herb. 

Conditions apply when importing specific types of plastic kitchenware originating in or consigned from China and Hong Kong into Great Britain. 

These conditions are set out in Commission Regulation (EU) No 284/2011.  This is enforced in Scotland by the Commission Regulation (EU) No 284/2011 of 22 March 2011 laying down specific conditions and detailed procedures for the import of polyamide and melamine plastic kitchenware originating in or consigned from the People’s Republic of China and Hong Kong Special Administrative Region, China (legislation.gov.uk). 

This regulation outlines conditions and procedures for importing polyamide and melamine plastic kitchenware originating in or consigned from the People’s Republic of China and Hong Kong Special Administrative Region, China. 

In summary, the importer must: 

• provide the competent authority with a declaration 
• provide the competent authority with a laboratory report confirming that each consignment meets the requirements concerning the release of primary aromatic amines and formaldehyde 
• notify the competent authority at least two full working days before the consignments are expected to arrive 

The UK has designated Border Control Points for these consignments originating in, or consigned from, China and Hong Kong. At Border Control Points officials will carry out a document, identity and physical check. This includes sampling of 10% of such consignments for laboratory analysis. Fees will be payable to the relevant authority where these controls apply and will not be higher than the costs incurred by the authorities.  

Commission Implementing Decision 2013/287/EU applies controls to food and feed consignments of rice products originating in or consigned from China. These products can only enter the UK through specific ports and airports approved as Border Control Points (BCPs). 

A list of the rice products subject to the controls can be found in Annex I of the Decision. 

Consignments must be accompanied by a health certificate and signed and verified by the appropriate authorities in China. For identification purposes each health certificate needs to be marked with a code, which is found on all individual bags or other types of packaging that make up the consignment. 

An analytical report must also be completed for each lot in the consignment. The sampling and analysis that took place in China prior to import. 

Food and feed business operators must pre-notify the BCP with the estimated date and time of arrival of all consignments of rice products. 

For consignments of products listed in Annex I of the Decision that do not contain, consist of or are not produced from rice, food or feed business operators may provide a statement to that effect. Where a statement is provided, such consignments are not subject to the official controls and do not need to have the results of analysis or a health certificate.  

A documentary check and sampling for laboratory analysis will take place at the BCP. Fees will be payable to the relevant authorities and will not be higher than the costs incurred by the authorities.