Imported feed and food controls

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In the guide

Understand what is required of you if import feed or food from outside the UK

Note: although the United Kingdom has left the European Union, certain pieces of legislation (formally known as 'retained EU law') will still apply until such time as they are replaced by new UK legislation; this means that you will still see references to EU regulations in our guidance.

This guidance is for Wales

For the purposes of imported feed and food controls, feed and food is classed as either a product of animal origin (POAO) or feed / food of non-animal origin (FNAO). There are different legislative controls for feed and food entering the UK, depending on whether it is coming from the European Union (EU) or outside it. Personal imports are subject to separate controls, no matter where they come from.

All importers must be identified, registered or approved as feed / food business operators (FeBOs / FBOs) and as such included in official controls.

Products of animal origin (POAO)

POAO include, for example, fresh meat, meat products, meat preparations, dairy products, fishery products, shellfish, egg products, honey, snails, insects and fishmeal used in animal feed.

Imported POAO are likely to be illegal if they are not presented to a border controlpost (BCP) for official controls to be carried out and/or if they do not comply with public or animal health requirements - for example, by being contaminated with veterinary residues.

Feed / food of non-animal origin (FNAO)

FNAO includes all other products or materials not fitting into the category of POAO. Imports of certain 'higher-risk' FNAO (HRFNAO) can only enter the UK through specific ports and airports that are approved as BCPs for 'higher risk products', where official controls will be carried out.

A 'higher-risk' product is feed or food that is either a known, or an emerging, risk to animal or public health.

Details of such high-risk products can be found on the Food Standards Agency (FSA) website.

Summary of import controls

Whilst the majority of feed and food that is imported into this country is perfectly legal, wholesome and safe, it is important to have effective official controls in place to ensure that consumers and businesses are protected from contaminated products, unfair trading practices and fraud.

Feed or food produced legally by one EU Member State may be freely exported to other Member States without any specific checks being carried out at the ports (this no longer includes Great Britain).

In a similar way feed or food imported legally from a third country* into one Member State can then be freely distributed throughout the EU without further checks. This is the principle of the EU as a customs union, allowing intra-EU trade to be free from checks at the point of entry.

[*'Third country' is the term used by the EU to refer to a country that is not one of its Member States.]

In the EU, TRACES is the online sanitary and phytosanitary certification platform supporting theimportationofanimals, animal products, food and feedof non-animal origin, andplants into the European Union, as well as the intra-EU trade and EU exports of animals and certain animal products. Once the appropriatechecks have been completed, following a TRACES notification, acommon health entry document (CHED)is completed, which must accompany the feed or food to the first inland destination.

Since 1 January 2021, there are new rules for imports into Great Britain (GB). These rules differ depending on whetherthe import is from the EU / Northern Ireland (NI) or from non-EU countries.

POAO AND HRFNAO IMPORTED FROM THE EU OR NORTHERN IRELAND

Requirements for importing into GB are being phased in from April to July 2021.

Imports of some POAO - for example, honey - must come from an establishment that has been approved by the exporting country to trade with the UK.

All imports of POAO and HRFNAO need to come with one or more of the following documents:

  • health certificate
  • import licence
  • commercial document

IPAFFS (Import of products, animals, food and feed system)must be used to pre-notify the arrival to a BCP of POAOunder safeguard measures (where a commodity code is available). POAO that are under safeguard measures must be accompanied by a health certificate. When the import notification is submitted onIPAFFS, a unique notification number (UNN) will be issued and must be provided to the EU exporter orofficial veterinarian (OV). The format of this number will be IMP.GB.2021.1XXXXXX.

Importers ofHRFNAO must:

  • submit import pre-notifications at least one working day in advance of the goods' arrival
  • enter them through a BCP so they can have documentary checks and, if necessary, identity and physical checks

More information on importing or moving POAO and HRFNAO into GBfrom the EU and NIis available on the GOV.UK website.

POAO AND HRFNAO IMPORTED FROM NON-EU COUNTRIES

IPAFFSmust be used to pre-notifythe arrival to a BCP.

Health certificatesmust accompany POAOandHRFNAOimported to GB, the Channel Islands or Isle of Man from non-EU countries.

In some cases, the following will also be required:

  • an import licence or authorisation
  • a commercial document
  • meeting other legal requirements, such as those controlling the trade in endangered species

You must import POAO and HRFNAOintoGBthrough a BCP. Importers must also check whether their product must be checked by a vet at aBCPby looking for the CN code for their product inAnnex I to Regulation (EU) 2019/2007 laying down rules for the application of Regulation (EU) 2017/625 as regards the lists of animals, products of animal origin, germinal products, animal by-products and derived products and hay and straw subject to official controls at border control posts (see link in 'Key legislation' below).

Most consignments of POAO imported from non-EU countries must be checked at aBCP. For imports ofPOAOthat do not require veterinary checks at aBCP, there is no requirement to pre-notify a port of the arrival of the consignment.

POAO can only be importedfrom countries on the EU's approved list. Contact the APHA Centre for International Trade Carlisleto find out if the country you wish to import from is on the list.

More information on importing or moving POAO and HRFNAO into GB, the Channel Islands or Isle of Man from non-EU countries is available on the GOV.UK website.

FNAO (other than HRFNAO) are not subject to the same level of import controls. More information is available on the Food Standards Agencywebsite.

Once imported feed or food has been subjected to official controls this will be recorded on IPAFFS and a CHED issues, which must accompany the food to the first destination inland.

CHEDs cover:

  • plants
  • plant products and plant propagation material
  • products of animal origin
  • live animals

A CHED, through IPAFFS, isused for both the prior notification of the arrival of consignments at the BCP, and to record the outcome of official controls performed and of decisions taken by the competent authorities in relation to the consignment that they accompany. The CHED should be used by the operator to obtain clearance by customs authorities once all official controls have been performed.

Personal imports of POAO and FNAO from outside the EU are subject to strict controls and imports of meat and dairy products from these countries are banned. Further details on personal imports may be found on the GOV.UK website.

Third country (non-EU) representatives

Regulation (EC) No 183/2005 laying down requirements for feed hygiene requires that feed business establishments are registered or approved within their own territories. In addition, feed businesses registered or approved in GB and exporting feed to EU Member States, or moving feed from GBto NI, are required to have a representative based in an EU Member State or NI. For example, this may be an importer of feed, based in the EU, who has secured sole selling rights for a particular feed sourced from the UK.

EXPORTING OR MOVING ANIMAL FEED FROM GB TO THE EU OR NI

UK businesses can no longer act as EU representatives for non-EU businesses. Non-EU businesses must have arepresentative that is based in a Member State or European Economic Area (EEA) country.Only one representative in the EU is required for each third-country feed establishment.

Some EU Member States have specific rules on the requirements to havea representative for importing feed into the EU. Businesses should consult with the relevant authority in the EU country they want to export to for further advice on gaining recognition astheir representative, and to ensure they are compliant with any national rules.

The FSA advisesthat UK businesses exporting to the EU assume that third-country representation is needed for all feed, and check the requirements with the destination country. Representatives should make their application to the Member State authority where they are based.

IMPORTING OR MOVING ANIMAL FEED INTO GB FROM THE EU AND NON-EU COUNTRIES

Feed businesses from outside the UK that export feed products to GBmust have a representative established in GB. The requirement to have a representative only relates to certain higher risk feeds, including:

  • manufacturers of certainfeed additives
  • manufacturers of certain novel protein source products
  • manufacturers of premixtures containing certain feed additives
  • compound feed manufacturers that incorporate the products mentioned above

The GBrepresentative must:

  • be a feed business operator located in GBand be registered with, or approved by, their local authority
  • keep a register of all relevant products, for which they act as representative, that the establishment has put into circulation within GB
  • declarethat the exporting establishment complies with requirements equivalent to those laid down in retained EU law

No representative will be required to move feed from NI to GB.

No representative will be required for either imports or exports for animal feed between NI and the EU.

More information relating to third-country animal-feed establishment representativescan be found on the FSA website.

Legislative framework

The legislative framework that covers the importation of feed and food is complex but must be understood by importers and exporters. It may best be considered in terms of the nature and origin of the product or material in question.

FEED AND FOOD IMPORTED FROM THE EU

Feed and food originating from an EU Member State is subject to the same legislative controls and safeguards as feed or food produced in the UK. Such feed or food should be safe as defined in Regulation (EC) No 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety. It should be labelled in accordance with Regulation (EU) No 1169/2011 on theprovision of food information to consumers or Regulation (EC) No 767/2009 on the placing on the market and use of feed and should have been handled in accordance with the hygiene regulations on feed and food (see 'Key legislation' below).

FEED AND FOOD IMPORTED FROM OUTSIDE THE EU: POAO

POAO may only be imported accordance with Regulation (EU)2017/625on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products and the local authority or food authority is designated as the competent authority in relation to enforcement and execution under relevant legislation.

FEED AND FOOD IMPORTED FROM OUTSIDE THE EU: FNAO

The import conditions relating to FNAO from outside the EU are provided by Regulation (EC) 2017/625 and Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries. This Regulation requires that the competent authority undertakes official controls on FNAO at the point of entry of the feed or food into the UK or at any stage during distribution. These official controls should include documentary, identity and, where appropriate, physical checks of the feed or food. Any suspect feed or food that is detained by the competent authority, and any feed or food that fails to meet the requirements of EU law, should be destroyed, re-dispatched, used for a non-food purpose or subjected to special treatment to render it lawful.

Particular care must be taken by food importers, in relation to their legal obligations, in terms of food that is imported but fails to meet the requirements of EU law and is subsequently diverted for use as animal feed. Food imported under such circumstanceswould then be "intended for use in oral animal-feeding" and therefore designated as a 'feed'; the requirements of Regulation (EC) No 767/2009 then apply, in particular the labelling requirements relating to placing a feed on the market.

Further information

Further information, including advice and guidance on import and export can be found on the Food Standards Agency website.

The GOV.UK website has information on importing products of animal origin and products of non-animal origin into the UK.

Trading standards

For more information on the work of trading standards services - and the possible consequences of not abiding by the law - please see 'Trading standards: powers, enforcement and penalties'.

Key legislation

Last reviewed / updated: March 2021

In this update

More detailed information on imports and exports added, clarifying the post-Brexit situation

Please note

This information is intended for guidance; only the courts can give an authoritative interpretation of the law.

The guide's 'Key legislation' links may only show the original version of the legislation, although some amending legislation is linked to separately where it is directly related to the content of a guide. Information on amendments to legislation can be found on each link's 'More Resources' tab.

© 2021 itsa Ltd.

TSI: 307598, ID: 528, updated 20/05/2021


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