Legislation for importing food
Tuesday 30 October 2007
Food which is intended for human consumption must meet the general food safety requirements of European Union (EU) law.
Under EC Regulation 178/2002 these requirements are that food must not be unsafe, i.e.:
- injurious to health
- unfit for human consumption
Apart from the general provisions of EC Regulation 178/2002, the specific legislation applying to imported food will depend on whether the food is of animal origin or not:
- food containing animal products includes meat, meat pies, salami, poultry, fish, eggs, milk, dairy products, honey.
- food that has no animal content includes fruit, vegetables, cereals, certain bakery products, herbs, spices, mineral water, fruit juices.
Food containing animal products
The main legislation in England covering the import of food containing animal products is the Products of Animal Origin (Third Country Imports) (England) Regulations 2006 (as amended). Scotland, Wales and Northern Ireland have their own but very similar regulations. The regulations establish controls on food imported from countries outside the EU and copies can be found on the Office of Public Sector Information (OPSI) website at the links below.
When there are reasonable grounds to suspect that any food containing animal products from a non-EU country may introduce a serious risk to public health the Agency may issue a Declaration under the Products of Animal Origin (Third Country Imports) (England) Regulations 2006 (as amended), or similar regulations in Scotland, Wales and Northern Ireland, to suspend or impose import restrictions on any product from the whole or part of that non-EU country. When the European Commission issue EU-wide emergency safeguard measures for food from a non-EU country, the Agency may apply these in the UK by means of a Declaration. Declarations issued in England can be found at the links below. All Declarations issued in Scotland, Wales and Northern Ireland will be published shortly.
England legislation and Declarations
- The Products of Animal Origin (Third Country Imports) (England) Regulations 2006
- The Products of Animal Origin (Third Country Imports) (England) (Amendment) Regulations 2007
| Reference | Subject | With effect from | EU legislation |
|---|---|---|---|
| POAO REGS 2003 59/001 | Nitrofurans in poultrymeat and shrimps from Thailand | 31/12/03 | Commission Decision 2002/251/EC as amended |
| POAO REG 59/002 | Chloramphenicol in shrimps from Myanmar | 31/12/03 | Commission Decision 2002/249/EC |
| POAO REG 59/009 | Prohibition on live bivalve molluscs, echinoderms, tunicates, marine gastropods as well as live fish and shellfish carried in water from Albania | 16/03/04 | Commission Decision 2004/225/EC |
| POAO REG 59/013 | Meat and meat products of equidae from Mexico | 26/01/06 | Commission Decision 2006/27/EC |
| POAO REG 59/014 | Heavy metal and histamine in fishery products from Indonesia | 06/04/06 | Commission Decision 2006/236/EC |
| POAO REG 61/016 | Histamine in certain fishery products species from Brazil | 06/01/07 | Commission Decision 2006/698/EC as amended |
| POAO REG 61/017 | Fishery products from the Republic of Guinea | 07/02/07 | Commission Decision 2007/82/EC |
| POAO REG 61/018 | Histamine in fishery products from Albania | 05/10/07 | Commission Decision 2007/642/EC |
| POAO REG 61/019 | Pentachlorophenol and dioxins in guar gum from India | 05/05/08 | Commission Decision 2008/352/EC |
| POAO REG 61/020 | Harmful residues in animal products from China | 25/06/08 | Commission Decision 2008/463/EC |
| POAO REG 61/021 | Special conditions imposed on fishery products imported from Gabon and intended for human consumption | 02/07/08 | Commission Regulation (EC) No 601/3008 |
| POAO REG 61/022 | Emergency measures applicable to crustaceans imported from Bangladesh for human consumption | 01/08/08 | Commission Decision 2008/630/EC |
| POAO REG 61/023 | Import of live animals and animal products from China for human consumption and animal feed use | 08/08/08 | Commission Decision 2008/463/EC |
| POAO REG 61/024 | Special conditions imposed on fishery products imported from Indonesia for human consumption | 16/08/08 | Commission Decision 2008/660/EC |
Scotland legislation and Declarations
- The Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2007
- The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2007
| Reference | Subject | With effect from | EU legislation |
|---|---|---|---|
| None | Meat and meat products of equidae from Mexico | 15/02/06 | Commission Decision 2002/251/EC as amended |
| POAO REG 54/SCO/CHA/01 | Heavy metal and histamine in fishery products from Indonesia | 07/06/06 | Commission Decision 2006/236/EC |
| POAO REG 54/SCO/CHA/03 | Histamine in certain fishery products species from Brazil | 06/01/07 | Commission Decision 2006/698/EC as amended |
| POAO REG 61/SCO/CHA/04 | Fishery products from the Republic of Guinea | 07/07/07 | Commission Decision 2007/82/EC |
| POAO REG 61/SCO/CHA/05 | Histamine in certain fishery products from Albania | 09/10/07 | Commission Decision 2007/642/EC |
| DECLARATION 2008/25 | Pentachlorophenol and dioxins in guar gum from India | 21/05/08 | Commission Decision 2008/352/EC |
| POAO Reg 61/SCO/CHA/06 | Import of live animals and animal products from China for human consumption and animal feed use | 01/07/08 | Commission Decision 2008/463/EC |
| POAO REG 61/SCO/CHA/007 | Special conditions imposed on fishery products imported from Gabon and intended for human consumption | 03/07/08 | Commission Regulation (EC) No 601/3008 |
| POAO Reg 61/SCO/CHA/08 | Emergency measures applicable to crustaceans imported from Bangladesh for human consumption | 02/08/08 | Commission Decision 2008/630/EC |
| POAO Reg 61/SCO/CHA/10 | Special conditions imposed on fishery products imported from Indonesia for human consumption | 16/08/08 | Commission Decision 2008/660/EC |
| POAO Reg 61/SCO/CHA/11 | Milk and milk products from China | 26/09/08 | Commission Decision 2008/757/EC |
Wales legislation
- The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2007
- The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 2007
| Reference | Subject | With effect from | EU legislation |
|---|---|---|---|
| POAO/2008/W/001 | Pentachlorophenol and dioxins in guar gum from India | 05/05/08 | Commission Decision 2008/352/EC |
| POAO 2008/W/004 | Import of live animals and animal products from China for human consumption and animal feed use | 01/07/08 | Commission Decision 2008/463/EC |
| POAO/W/2008/007 | Milk and milk products from China | 26/09/08 | Commission Decision 2008/757/EC |
Northern Ireland legislation and Declarations
- The Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2007
- The Products of Animal Origin (Third Country Imports) (Amendment) Regulations (Northern Ireland) 2007
| Reference | Subject | With effect from | EU legislation |
|---|---|---|---|
| None | Nitrofurans in poultrymeat and shrimps from Thailand | 01/08/03 | Commission Decision 2002/251/EC as amended |
| None | Prohibition on live bivalve molluscs, echinoderms, tunicates, marine gastropods as well as live fish and shellfish carried in water from Albania | 24/03/04 | Commission Decision 2004/225/EC |
| None | Chloramphenicol and products of animal origin from China | 01/09/04 | Commission Decision 2002/994/EC as amended |
| None | Chloramphenicol and products of animal origin from China | 26/07/05 | Commission Decision 2002/994/EC as amended |
| None | Meat and meat products of equidae from Mexico | 26/01/06 | Commission Decision 2006/27/EC |
| None | Heavy metal and histamine in fishery products from Indonesia | 06/04/06 | Commission Decision 2006/236/EC |
| POAO/2007/001 | Histamine in certain fishery products species from Brazil | 06/01/07 | Commission Decision 2006/698/EC as amended |
| POAO 2007/002 | Fishery products from the Republic of Guinea | 07/02/07 | Commission Decision 2007/82/EC |
| POAO/NI/2007/002 | Histamine in certain fishery products species from Albania | 08/10/07 | Commission Decision 2007/642/EC |
| POAO/NI/2008/001 | Pentachlorophenol and dioxins in guar gum from India | 05/05/08 | Commission Decision 2008/352/EC |
| POAO/NI/2008/002 | Harmful residues in animal products from China | 01/07/08 | Commission Decision 2008/463/EC |
| POAO/NI/2008/003 | Special conditions imposed on fishery products imported from Gabon and intended for human consumption | 03/07/08 | Commission Regulation (EC) No 601/3008 |
| POAO/NI/2008/004 | Emergency measures applicable to crustaceans imported from Bangladesh for human consumption | 02/07/08 | Commission Decision 2008/630/EC |
| POAO/NI/2008/005 | Import of live animal and animal products from China for human consumption and animal feed use | 09/08/08 | Commission Decision 2008/639/EC |
| POAO/NI/2008/006 | Special conditions imposed on fishery products imported from Indonesia for human consumption | 16/08/08 | Commission Decision 2008/660/EC |
| POAO/NI/2008/007 | Milk and milk products from China | 26/09/08 | Commission Decision 2008/757/EC |
Food not containing animal products
The EU Official Controls Regulation 882/2004 and The Official Feed and Food Controls (England) Regulations 2007 (the OFFC Regulations 2007) and the equivalent in Scotland, Wales and Northern Ireland are the main legislation for the control of food not of animal origin entering the UK from non-EU countries.
Copies of the OFFC Regulations 2007 can be found on the Office of Public Sector Information (OPSI) website at the links below.
When there are reasonable grounds to suspect that any food or feed from a non-EU country may introduce a serious risk to public health the Agency may issue a Declaration under Regulation 33 of the OFFC Regulations 2007 to suspend or impose import restrictions on any product from the whole or part of that non-EU country. When the European Commission issue EU-wide emergency safeguard measures for food from a non-EU country, the Agency may apply these in the UK by means of a Declaration.
In addition to the general food safety requirements in EC Regulation 178/2002, the OFFC Regulations 2007 require that food imported from non-EU countries must comply with the food hygiene requirements of EC Regulation 852/2004 - the Food Hygiene Regulations.
England legislation and Declarations
| Reference | Subject | With effect from | EU legislation |
|---|---|---|---|
| OFFC/2007/E/003 | Aflatoxins in certain products from Brazil, China, Egypt, Iran, Turkey and the USA | 24/11/07 | Commission Decision 2006/504/EC as amended by Commission Decision 2007/459/EC, Commission Decision 2007/563/EC and Commission Decision 2007/759/EC |
| OFFC/2008/E/001 | Pentachlorophenol and dioxins in guar gum from India | 05/05/08 | Commission Decision 2008/352/EC |
| OFFC/2008/E/003 | Mineral oil in sunflower oil from the Ukraine | 13/06/08 | Commission Decision 2008/433/EC |
Scotland legislation and Declarations
| Reference | Subject | With effect from | EU legislation |
|---|---|---|---|
| OFFC/2007/S/003 | Aflatoxins in certain products from Brazil, China, Egypt, Iran, Turkey and the USA | 29/11/07 | Commission Decision 2006/504/EC as amended by Commission Decision 2007/459/EC, Commission Decision 2007/563/EC and Commission Decision 2007/759/EC |
| OFFC/2008/S/003 | Mineral oil in sunflower oil from the Ukraine | 13/06/08 | Commission Decision 2008/433/EC |
| OFFC/2008/S/004 | Milk products from China | 26/09/08 | Commission Decision 2008/757/EC |
Wales legislation and Declarations
| Reference | Subject | With effect from | EU legislation |
|---|---|---|---|
| OFFC W/003/2007 | Aflatoxins in certain products from Brazil, China, Egypt, Iran, Turkey and the USA | 29/11/07 | Commission Decision 2006/504/EC as amended by Commission Decision 2007/459/EC, Commission Decision 2007/563/EC and Commission Decision 2007/759/EC |
| OFFC/2008/W/001 | Pentachlorophenol and dioxins in guar gum from India | 02/05/08 | Commission Decision 2008/352/EC |
| OFFC/2008/W/003 | Mineral oil in sunflower oil from the Ukraine | 13/06/08 | Commission Decision 2008/433/EC |
| OFFC/2008/W/004 | Milk products from China | 26/09/08 | Commission Decision 2008/757/EC |
Northern Ireland legislation and Declarations
| Reference | Subject | With effect from | EU legislation |
|---|---|---|---|
| OFFC/2007/NI/003 | Aflatoxins in certain products from Brazil, China, Egypt, Iran, Turkey and the USA | 24/11/07 | Commission Decision 2006/504/EC as amended by Commission Decision 2007/459/EC, Commission Decision 2007/563/EC and Commission Decision 2007/759/EC |
| OFFC/2008/NI/001 | Pentachlorophenol and dioxins in guar gum from India | 05/05/08 | Commission Decision 2008/352/EC |
| OFFC/2008/NI/003 | Mineral oil in sunflower oil from the Ukraine | 13/06/08 | Commission Decision 2008/433/EC |
| OFFC/2008/NI/004 | Milk products from China | 26/09/08 | Commission Decision 2008/757/EC |
There are a number of other pieces of legislation that may be relevant to imported food, depending on such things as its ingredients and the contaminants that may be present. For more information see a list of products not of animal origin with current EU restrictions (pdf document).
