The Q&A below is about Food Business Operator addresses on pre-packed foods exported into the EU. It is aimed at FBOs in Great Britain and covers the position if, at the end of the transition period:

(a) the UK is no longer part of the single market (e.g. as a member of the European Free Trade Association); and 

(b) there are no provisions in any UK/EU trade deal which relax the rules on pre-packed food labelling which would normally apply to a third country importing into the EU. 

The withdrawal deal envisages a transition period lasting until 31 December 2020; this can be extended by up to two years by agreement, with a decision having to be taken by 1 July 2020. During the transition period, and any extension, the UK will continue to operate as if it were a member state for trading purposes.

Q 1: Which FBO’s name and address must be on pre-packed food sold in the EU?

If the food operator under whose name the product is marketed is not established in the EU, then the importer of the food product is the FBO that needs to be named. So, pre-Brexit, you were a business ‘established’ in the EU. After Brexit that will not be the case unless you set up there; instead, the name of an EU-based importer will need to be on the packaging. Under EU food law, it is this importer who is responsible for the correct labelling of the product. 

Q2: Can the EU FBO’s address be the address of one of our distributor’s premises?

If your business is not formally established in the EU, the address provided must be the address of the importer. (It is worth bearing a key principle in mind; under EU food law the importer i.e. the party bringing the product into the EU, is primarily responsible for the food information on pre-packed food. Other operators in the supply chain may, understandably, not want to be named as the importer without some indemnities in place.)

Q3: Can the FBO’s address be a PO Box?

FBOs must have an address where they can be reached by mail. That would include a PO Box. However, having a PO Box in the EU does not necessarily mean that a UK business is formally established there. 

Q4: Does the address have to be an integral part of my packaging or can I over-sticker?

In relation to prepacked food, the EU food regulation refers to mandatory information appearing “directly on the package or on a label” attached to it. Labels must not be easily removable in a way that jeopardises the availability of the information to the consumer.

Using overstickers will be acceptable as long as they cannot be peeled off easily.

Q5: If my products arrive with my EU stockist just ahead of the end of the transition period, will my current labels be sufficient?

Stocks of food products already held in the EU at the end of the transition period will not need to be re-labelled. Under EU law products must comply with EU food labelling law at the point they are placed on the market. Placing on the market includes “the holding of food for the purpose of sale”.  

We have a food and drink team who are able to advise businesses on their contractual arrangements and on how to set up abroad. For further information on food labelling, please contact Julie Robinson at julierobinson@roythornes.co.uk.

As new challenges arise, so do opportunities to adapt and progress and find new ways of working, and here at Food Matters we are embracing these. With ongoing uncertainty surrounding international travel and formal guidance on social distancing measures, Food Matters is pleased to announce an exciting new virtual experience for the 2020 edition of the annual Food Matters Live event.

Taking place on 13 and 14 October, the Food Matters Live virtual experience will provide an engaging and inclusive opportunity to imagine, learn, connect and to explore what’s possible.

Food Matters Live 2020 will continue to provide the following opportunities to our global community:

• Access to the unrivalled education programme, offering five streams of topical evidence – based presentations, trend insights and thought-provoking panel discussions delivered via live webcasts and Q&A sessions
• Connect with exhibitors, access product demonstrations and information via virtual meeting spaces and presentations, and explore the latest innovative ingredient and nutraceutical solutions
• Access to the curated hosted buyer programme offering 1-2-1 meetings, enabled by modern video technology and operating across different time zones, supported by the Food Matters Partnership team
• Meet the Food Matters Live Awards Winners who will be announced by the judges during Food Matters Live – presenting a chance to connect with the innovators of 2020
• Explore the digital Nutraceutical Showcase featuring some of the most innovative nutraceutical brands meeting consumer demand

Looking ahead to 2021

During this period of transition, Food Matters has been working closely with 02 Intercontinental Convention Centre to agree a pathway for Food Matters Live 2021.

We are pleased to announce new summer dates for the 2021 edition which will see Food Matters Live take place on 29 and 30 June 2021. It will present a hybrid event combining a physical exhibition offering tastings and customer innovation experiences, The Food Matters Live conference and seminars, the hosted buyer programme and 1-2-1 and group meetings, the Future Brands competition, the Awards ceremony and the Food Matters Live Summer Social programme offering networking in a 5 star environment  – all of which will integrate with a hybrid virtual experience.

Working closely with the venue team, and following the high standards that the Intercontinental Group are deploying across their global prestigious 5 star venues, Food Matters Live 2021 can assure that it will operate at the highest standards to ensure the health and wellbeing of all participants attending in person.

Briony Mansell-Lewis, Director at Food Matters said: Advancing innovation in food and nutrition together with enabling sustainable food production are going to be fundamental as we move beyond these unprecedented times.

We are pleased to be able to offer a virtual experience to enable the business of food and nutrition innovation to continue in 2020 and to support our global community in making connections, sharing information and inspire new thinking.

We are looking forward to working closely with all our stakeholders – exhibitors, attendees, sponsors and speakers to make Food Matters Live 2020 a rich, engaging and accessible event via a virtual experience and to taking the combined modern approach of a hybrid event to new heights in June 2021.”