United Kingdom Tightens High-Risk Non-Animal Food Import Controls

United Kingdom has expanded official controls on high-risk non-animal food imports, including sprouts, mushrooms, insect protein, spirulina, and nuts, to enhance food safety standards

Regulation Analysis: Expanded Official Controls on High-Risk Non-Animal Food Imports in the UK

The UK has strengthened official controls on high-risk non-animal food imports to enhance food safety standards. The recent amendments, implemented through separate regulations for England, Scotland, and Wales, expand the scope of Commission Implementing Regulation (EU) 2019/1793 (retained EU law, now referred to as "assimilated law" in UK legislation) to include additional high-risk products such as sprouts, mushrooms, insect protein, spirulina, and nuts. These controls apply to imports from specific countries listed in Annexes 1 and 2 of the assimilated regulation¹.

Key Requirements Under the Amended Regulations

1. Expanded Product Coverage

The amendments explicitly include the following high-risk non-animal foods under enhanced official controls:

• Sprouts
• Mushrooms
• Insect protein (e.g., whole insects, insect-based products for human consumption)
• Spirulina (blue-green algae)
• Nuts (e.g., peanuts, almonds, pistachios, and other tree nuts)

These products are now subject to temporary increased official controls at the point of entry into Great Britain (England, Scotland, and Wales)¹.

1. Official Controls and Documentation Requirements
   • Physical Checks: Importers must ensure that consignments of the listed high-risk foods undergo documentary, identity, and physical checks at designated Border Control Posts (BCPs) or Control Points (CPs)¹.
   • Frequency of Checks: The regulations maintain the temporary increase in the frequency of physical checks (e.g., 20%, 50%, or 100% of consignments, depending on the product and country of origin) as specified in Annex 2 of assimilated Regulation (EU) 2019/1793¹.
   • Pre-Notification: Importers must submit a Common Health Entry Document (CHED-D) via the Import of Products, Animals, Food and Feed System (IPAFFS) at least 24 hours before the consignment’s arrival¹.

1. Country-Specific Controls

The regulations apply to imports from countries listed in Annexes 1 and 2 of assimilated Regulation (EU) 2019/1793. These annexes categorize countries based on the risk level of their exports, with:

• Annex 1: Countries subject to systematic increased controls (e.g., higher frequency of checks for all listed products).
• Annex 2: Countries subject to temporary increased controls (e.g., targeted checks for specific products due to emerging risks)¹.

1. Enforcement and Compliance
   • Non-Compliance Penalties: Failure to comply with official controls may result in detention, rejection, or destruction of the consignment, as well as civil or criminal penalties under the Official Controls (Plant Protection) (England and Wales) Regulations 2020 and equivalent Scottish legislation¹.
   • Responsible Authorities:
   • England: Food Standards Agency (FSA) and local authorities.
   • Scotland: Food Standards Scotland (FSS).
   • Wales: Welsh Government and local authorities¹.

1. Entry into Force

The amendments entered into force on the following dates:

• England: The Official Controls (Import of High Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2024 – 12 February 2024¹.
• Scotland: The Official Controls (Import of High Risk Food and Feed of Non-Animal Origin) Amendment (Scotland) Regulations 2024 – 12 February 2024¹.
• Wales: The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (Wales) Regulations 2024 – 12 February 2024¹.

Summary Table of Key Requirements

Summary Answer

The UK has expanded official controls on high-risk non-animal food imports, including sprouts, mushrooms, insect protein, spirulina, and nuts, through amendments to assimilated Regulation (EU) 2019/1793 in England, Scotland, and Wales¹. These regulations mandate pre-notification via IPAFFS, increased physical checks (20–100% of consignments), and country-specific controls for imports from Annex 1/2 countries. Non-compliance may result in detention, rejection, or penalties. The amendments entered into force on 12 February 2024 across all three jurisdictions¹. Importers must ensure compliance with documentary, identity, and physical checks at designated Border Control Posts.

Sources

1. ↩ The Official Controls (Import of High Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2024; The Official Controls (Import of High Risk Food and Feed of Non-Animal Origin) Amendment (Scotland) Regulations 2024; The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (Wales) Regulations 2024 https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/SPS/NGBR44A2.pdf&Open=True