Welcome to our new food and drink quarterly regulatory update, produced by our expert food and drink lawyers. We know and appreciate the regulatory landscape affecting the food and drink sector is in constant flux and keeping up to speed with the latest developments is a task in itself.
Our intention is to remove some of that burden from you by providing a quarterly update which contains relevant and timely information about new regulatory developments affecting the food and drink sector. We will also provide in-depth articles where we know the sector is finding a regulatory issue more challenging to interpret or implement.
We will be following closely the UK Government’s plans to review retained EU law, a substantial proportion of which directly affects the food and drink sector and the increasing regulatory divergence between the UK and EU and also the UK’s devolved administrations and governments.
If you need to contact one of our experts, our contact details are below – we look forward to providing these updates and if you have any feedback please let us know so we can ensure they are as useful to you as possible.
Best wishes
Browne Jacobson food and drink sector team
Contents
- Updated Food Law Code of Practice to focus inspection efforts on higher risk businesses
- Defra Extended Producer Responsibility (EPR) Regime likely to be shelved in England and Wales
- Northern Ireland – the green lane and “Not for EU” labelling
- FSA-commissioned report puts forward new ideas for novel food approvals
- Single-use plastic ban coming into force in October 2023
Updated Food Law Code of Practice to focus inspection efforts on higher risk businesses
In June, the Food Standards Agency (FSA) updated its Food Law Code of Practice for England and Northern Ireland.
The updates to the Code drive for more frequent inspections of businesses that pose a higher risk to consumers, such as takeaways, and less inspections for businesses that already demonstrate good and sustained levels of compliance, such as supermarkets.
Local authorities will be given greater flexibility and support to take a more risk-based and intelligence-driven approach to inspections. For example, through remote checks where appropriate to ensure that action is taken at the right stage of the supply chain.
The updates follow a successful pilot of seven local authorities that indicated the new model is more effective in identifying non-compliance.
Defra Extended Producer Responsibility (EPR) Regime likely to be shelved in England and Wales
Following a damning report from the National Audit Office (NAO), the UK government is set to push back the rollout of its controversial EPR regime by at least a year.
Ministers have agreed to go “back to the drawing board” after the report highlighted that the regime will cost the waste industry more than £2bn a year despite still failing to solve the problems it faces.
A combination of a lack of clear timeframe, costings and clearly set out waste ambitions have left local authorities (LAs) confused about their next steps. Amongst other issues, LAs currently do not know how payments through the regime will affect their overall funding, meaning that many LAs may procure new lorries and bins at the same time once funding becomes clear. This will put pressure on supply chains and therefore take longer than expected for waste to be collected as required by the regime.
The NAO has recommended that Defra develop a clear path for achieving its resource and waste ambitions, determine the cost implications and proactively engage stakeholders to give as much clarity over its plans as possible ensuring a stronger position for achieving its ambitions.
Northern Ireland – the green lane and “Not for EU” labelling
From 1 October 2023, businesses in Great Britain (England, Scotland and Wales) will be able to move prepacked retail goods as well as certain loose goods including fruit and vegetables through the “green lane” to Northern Ireland, under the Windsor Framework. This has been given the catchy title of the Northern Ireland Retail Movement Scheme (NIRMS).
Some goods passing through the green lane/NIRMS will need to be accompanied by an individual product label with the words “Not for EU”. These requirements will be brought in, in 3 phases, with Phase 1 beginning on 1 October 2023. Please note there will be a 30 day transition period at the start of each phase and goods already on the market will not need to be relabelled in order to be lawfully sold during the transition period.
In Phase 1, all meat products and some fresh dairy products that are moving from Great Britain into Northern Ireland will need to be individually labelled. In this first phase, only products moving into Northern Ireland via the green lane/NIRMS will need to meet the ‘Not for EU’ labelling requirements.
In more detail for phase 1, the ‘Not for EU’ label will be required on all prepacked meat products, meat packed on sales premises and some dairy products. Compound products like a chicken kiev are included in phase 1 but composite products like pepperoni pizza are not – composite products are included in phase 3. In respect of dairy products, phase 1 includes pasteurised milk, buttermilk and cream products, cottage cheese, crème fraiche and sour cream.
Phase 2 is currently scheduled to commence on 1 October 2024 and Phase 3 on 1 October 2025 where further goods such as fruit and vegetables will fall within scope. This is a significant change and one which has been imposed with limited consultation. If you need assistance navigating Northern Ireland labelling rules or the Windsor Framework more generally, please contact one of our experts.
FSA-commissioned report puts forward new ideas for novel food approvals
Deloitte has published its FSA-commissioned report on the structure of approving novel foods in the UK, such as lab-grown meats, products using specific fermentation and insects.
The previous novel food approval system has often been viewed as an obstacle to innovation. This report puts forward what has been described as a “radical reimagining of the Novel Foods Regulatory Framework”, with ideas for improving the environment and food security.
One such option is to allow for alternative proteins to go on sale in the UK without the current long approval process, so long as they have been lawfully sold in other parts of the world. Another option is for the UK to adopt “collaborative regulation”, in which the FSA could authorise novel foods to be sold using evidence or decisions from food regulators in other countries. This conditional authorisation and supervision model is similar to models used in other sectors, such as pharmaceuticals.
The FSA has committed to work with the government to explore further reform opportunities and this review suggests an exciting future ahead for those looking to bring innovative foods to the UK market.
Single-use plastic ban coming into force in October 2023
The new Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 will come into force on 1 October 2023, which means that businesses must no longer supply, sell or offer certain single-use plastic items in England.
This will include all types of single-use plastic, including biodegradable, compostable and recycled and any items wholly or partly made from plastic, including the coating or lining. There will also be bans on online and over-the-counter sales and supply and items from new and existing stock.
Businesses are encouraged to use up existing stock before 1 October, find re-usable alternatives and use different material for single-use items. Continuing to supply banned single-use plastics after 1 October may result in a fine.
There are some exemptions depending on the item, including plastic plates, bowls and trays if you are supplying them to other businesses or the items are packaging, such as a pre-filled salad bowl or ready meal.
Local authorities will carry out inspections and if you are found to have broken the law, inspectors can order your business to cover the cost of the investigation and complaints about your business can be made to Trading Standards.
It is recommended that businesses review the government guidance to ensure they will be compliant.
Our team

Conor Wileman
Associate

Sam Sharp
Senior Associate

Rachel Lyne
Partner
You may be interested in...
Legal Update
D.I.P.T. Limited and Others v Sanglier Limited v Apollo Chemicals Limited [2023] EWHC 426 (TCC) – In the middle of the supply chain
Press Release
Three strong restructuring and insolvency team join Browne Jacobson
Legal Update
The future of autonomous technology - August 2023
Legal Update
Polluters to face unlimited penalties under new legislation
Legal Update
Food and drink regulatory update - summer 2023
On-Demand
'Autonomous vehicles: what the future holds' on-demand
Press Release
Browne Jacobson announces completion of employee acquisition of Two Twenty
Opinion
New bill reaches tipping point: bill on allocation of tips at final stages
Press Release
Browne Jacobson advise on merger of leading UK frozen food wholesalers Hopwells and Windsor Foodservice
Press Release
Browne Jacobson’s North-West banking specialists advise ThinCats on £10m facility to arcade bar operator NQ64
Opinion
Practical points from High Court ruling that Tesco has infringed Lidl’s IP rights in its famous yellow circle logo
Press Release
Browne Jacobson act on the sale of UK’s largest tech enabled confectionery distributor and wholesaler IBG
Press Release
Law firm Browne Jacobson appointed to work alongside the Government Legal Department - the Department for Environment, Food & Rural Affairs
Press Release
Browne Jacobson advise on disposal of Sella Controls to HIMA Group
Legal Update
Employee who refused to wear a face mask fairly dismissed
Press Release
Browne Jacobson’s dealmakers advise leading door hardware supplier and manufacturer UAP on its acquisition of Maher London
On-Demand
The UK's green agenda - the outcomes of COP27 and actions since COP26
Press Release
Browne Jacobson announces former Aston Martin Vice President as Non-Executive Director of its Manufacturing & Industrials sector
Law firm Browne Jacobson has appointed former Vice President and Chief Planning Officer (CPO) of Aston Martin Lagonda, Nikki Rimmington as its first Non-Executive Director (NED) of its Manufacturing & Industrials sector strategy board.
Press Release
Browne Jacobson appoints its first Non-Executive to Chair to support its corporate sector strategy board
Published Article
The problematic transition to electric vehicles - what is the impact on manufacturing
It was reported in May 2022 that the BMW-owned manufacturer had been forced to put a temporary stop on the production of all manual transmission vehicles due to the global semi-conductor shortage and the war in Ukraine. Mini stated that the move was made in order to "ensure production stability".
Opinion
Cameras in convenience stores: a potential hornet’s nest..?
Opinion
Compliance - small businesses and new regulation
The Federation of Small Businesses (FSB) has released a report setting out the impact of new and changing regulations arising from the pandemic on small businesses across the UK.
Legal Update
The Omnibus Directive is almost here
Opinion
Covid-19 rent arrears – the questions that remain
The Government appears set to announce plans on ‘living with Covid to restore freedom’. With the success of the retail and hospitality sector key to recovery, what protections will be on offer to tenants to deal with Covid-19 rent arrears?
On-Demand
Levelling up white paper strategic briefing
The levelling up white paper sets out a set of 12 priority ‘missions’ to be pursued by national and local government in the years to come. With measures covering regeneration, communities, connectivity, education, R&D, employment, and health.
Legal Update
New year, new Brexit transport rules
From 1st January, new import rules come into effect, with potential for significant delay, disruption and cost for importers and exporters.
Press Release
Browne Jacobson’s corporate lawyers advise on international disposal of manufacturer Chesterfelt Ltd
Browne Jacobson’s corporate finance team have acted for the shareholders of bituminous waterproofing product manufacturer and distributor Chesterfelt Ltd on the sale of Chesterfelt Ltd to TN International (TNi), owners of Scottish insultation manufacturer Superglass.
Opinion
Dealing with Covid Rent Arrears – an overview but no specifics
Following on from our recent article on the release of the updated Code of Practice for dealing with commercial rent arrears that have accrued throughout the pandemic, we continue to highlight what the overall principles seek to ensure - fairness and proportionality for both landlords and tenants across each step of the arbitration process.
Published Article
Tipping the balance: Assessing patent infringement
In July this year, four years to the month after its introduction into UK law in the Supreme Court’s seminal judgment in Actavis v Eli Lilly, the court handed down its latest decision applying the ‘doctrine of equivalents’.
Press Release
CDS Group acquires Complete Detection Systems
Browne Jacobson has advised CDS Group Holdings on the acquisition of Complete Detection Systems Limited for an undisclosed consideration.
Published Article
O/281/19 Revocation (Device Marks) – 23 May 2019
This decision is a good example of how the IPO approaches non-use challenges, and an insight into the economics of gift shops at public parks.
Press Release
Browne Jacobson lead adviser on nmcn plc’s acquisition of Lintott Environmental Technologies and its wholly owned subsidiary, Lintott Control Systems
Browne Jacobson’s Manchester team has advised nmcn, the national provider of design, offsite manufacturing and construction services in the water sector, on its acquisition of water treatment system manufacturer Lintott Environmental Technologies and its wholly owned subsidiary, Lintott Control Systems (LCS).
Training
Parallel Imports - what brand and IP owners need to know
Parallel importers seek to exploit price differentials for goods sold in different countries. The EU principle of exhaustion of rights prevents businesses from enforcing their IP rights to restrict this secondary trade within the EU if the goods were first marketed in the EU with their consent, other than in limited circumstances.
Press Release
Browne Jacobson advises Mobeus Equity Partners on £3m Parsley Box investment
Press Release
Browne Jacobson advises shareholders on sale of Delamin Nitriding Salts Limited to Parker Trutec Inc
Browne Jacobson’s corporate finance team advised the shareholders of Delamin Nitriding Salts Limited (DNS) on the sale of the business to Parker Trutec Inc, the North American subsidiary of Tokyo based Nihon Parkerizing Co., Ltd.
Legal Update
Modern Slavery Act - reporting obligation
What should your employees do if an incident of modern slavery is identified within your organisation or its supply chains?
Legal Update
Are you ready for the Modern Slavery Act 2015? ‘Commercial Organisations’ analysis
What “commercial organisations” does the MSA apply to?
Legal Update
Are you ready for the Modern Slavery Act 2015?
Browne Jacobson has been watching with interest as the Modern Slavery Act 2015 has evolved.
Legal Update
The Modern Slavery Act 2015
The Modern Slavery Act 2015 requires certain organisations which carry on a business or part of a business in the UK to disclose what activity they are undertaking to eliminate slavery.