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European Commission Publishes Notice on Possible Food Law Implications of Brexit

  • On March 29, 2017, the United Kingdom (UK) officially notified its intention to leave the European Union (EU).  As of March 30, 2019, EU food law will no longer be applicable to the UK unless a possible withdrawal agreement specifies otherwise.

  • On February 1, 2018, the European Commission published a Notice to Stakeholders on Withdrawal of the United Kingdom and EU food law. Highlights of the Notice include:

    • The importation of products of animal origin from the UK into EU-27, will only be possible if the following conditions are met:

      • the United Kingdom is “listed” by the Commission for public and animal health purposes;

      • the establishment in the United Kingdom from which the food is dispatched, and obtained or prepared in, is “listed” by the Commission for public health purposes;

      • the United Kingdom is “listed” by the Commission as having a residue control plan approved in accordance with Directive 96/23/EC39 for the animals and animal products specified therein;

      • The imported food satisfies all food hygiene requirements set out in the applicable EU legislation.

    • For foods of non-animal origin imported from the UK, the EU authorities will be carrying out regular official controls in accordance with the EU legislation. In addition, compliance with certain EU phytosanitary requirements for imports will be required.

    • Organic production certificates issued by UK authorities to operators who sell their organic products in the EU will no longer be valid as of the withdrawal date. In addition, import of organic products from the UK will be subject to special rules.

  • In light of the uncertainties surrounding the content of a possible withdrawal agreement, affected stakeholders are advised to follow closely future developments related to the EU-UK negotiations.  

© 2020 Keller and Heckman LLPNational Law Review, Volume VIII, Number 36



About this Author

Keller and Heckman offers global food and drug services to its clients. Our comprehensive and extensive food and drug practice is one of the largest in the world. We promote, protect, and defend products made by the spectrum of industries regulated by the U.S. Food and Drug Administration (FDA), the European Commission and Member States authorities in the European Union (EU) and similar authorities throughout the world. The products we help get to market include foods, pharmaceuticals, medical devices, veterinary products, dietary supplements, and cosmetics. In addition...