Legislation for importing food
Tuesday 15 November 2011
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 Trade in Animals and Related Products (TARP) Regulations 2011. Scotland, Wales and Northern Ireland have their own but very similar regulations. The regulations establish controls on food imported from countries outside the EU..
England legislation and Declarations
| Reference | Subject | With effect from | EU legislation |
|---|---|---|---|
| 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 61/032 | Imports of Eggs and Egg Products from China | 02/11/09 | Commission Decision 2009/799/EC |
| POAO REG 61/033 | Melamine in products from China | 15/12/09 | Commission Decision 2009/921/EC |
| POAO REG 61/034 | Bivalve molluscs from Peru | 11/12/09 | Commission Decision 2009/862/EC |
| POAO REG 61/035 | Guar Gum from India | 09/04/10 | Commission Regulation (EU) 258/2010 |
| POAO REG 61/036 | Aquaculture and farmed fishery products from Indonesia | 21/04/10 | Commission Decision 2010/220 EU |
| POAO REG 61/038 | Imports of aquaculture products from India for human consumption | 09/07/10 | Commission Decision 2010/381 EU |
| POAO REG 61/039 | Imports of crustaceans from Bangladesh for human consumption | 14/07/10 | Commission Decision 2010/387 EU |
| POAO REG 61/040 | Imports of bivalve molluscs from Peru | 22/11/10 | Commission Decision 2010/641 EU |
| POAO REG 61/041 | Import of feed and food originating in or consigned from Japan | 26/03/11 | Commission Regulation 351/2011 EU |
| POAO REG 61/042 | Import of feed and food originating in or consigned from Japan | 12/04/11 | Commission Regulation 351/2011 EU |
| The Trade in Animals and Related Products (TARP) regulations now apply. Declarations will now be made under these regulations | |||
| TARP REG 29/045 | Import of feed and food originating in or consigned from Japan | 29/09/11 | Commission Regulation 961/2011 |
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 |
|---|---|---|---|
| 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/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/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/17 | Crustaceans imported from India and intended for human consumption or animal feed | 30/09/09 | Commission Decision 2009/727/EC |
| POAO Reg 61/SCO/CHA/18 | Veterinary medicines regulation and the residue control system in live animals and animal products in China | 31/10/09 | Commission Decision 2009/799/EC |
| POAO Reg 61/SCO/CHA/19 | Further extension to the suspension of imports of certain bivalve molluscs for human consumption from Peru | 30/11/09 | Commission Decision 2009/862/EC |
| POAO Reg 61/SCO/CHA/20 | Imposing special conditions governing the import of certain products originating in or consigned from China, and repealing Commission Decision 2008/798/EC | 25/11/09 | Commission Regulation 2009/1135/EC |
| POAO Reg 61/035/S | Imposing special conditions governing the import of guar gum and products containg guar gum from India | 14/04/10 | Commission Regulation 2010/258/EC |
| POAO Reg 61/036/S | Aquaculture and farmed fishery products from Indonesia | 21/04/10 | Commission Decision 2010/220 EU |
| POAO Reg 61/037/S | Revocation of POAO REG 61/SCO/CHA/10 on fishery products from Indonesia | 21/04/10 | Commission Decision 2010/219 EU |
| POAO Reg 61/038/S | Imports of aquaculture products from India for human consumption | 14/07/10 | Commission Decision 2010/381 EU |
| POAO Reg 61/039/S | Imports of crustaceans from Bangladesh for human consumption | 14/07/10 | Commission Decision 2010/387 EU |
| POAO Reg 61/040/S | Imports of bivalve molluscs from Peru | 19/11/10 | Commission Decision 2010/641 EU |
| POAO Reg 61/041/S | Import of feed and food originating in or consigned from Japan | 26/03/11 | Commission Regulation 297/2011/EU |
| POAO Reg 61/042/S | Import of feed and food originating in or consigned from Japan | 11/04/11 | Commission Regulation 351/2011 EU |
| POAO Reg 61/SCO/43/S | Import of feed and food originating in or consigned from Japan | 23/05/11 | Commission Implementing Regulation 506/2011 EU |
| POAO Reg 61/SCO/44/S | Import of feed and food originating in or consigned from Japan | 07/07/11 | Commission Implementing Regulation 657/2011 EU |
| POAO Reg 61/SCO/45/S | Repealing of Regulation (EU) No 297/2011 | 01/10/11 | Commission Implementing Regulation 961/2011 EU |
| POAO Reg 61/SCO/46/S | Special conditions imposed on fishery products imported from Gabon and intended for human consumption | 08/11/11 | Commission Implementing Regulation No 1114/2011 EU |
| POAO Reg 61/SCO/47/S | Bangladesh Veterinary Medicines and Crustaceans | 18/11/11 | Commission Decision 2011/742/EU |
| POAO Reg 61/SCO/48/S | Bivalve Molluscs from Peru | 22/11/11 | Commission Decision 2011/723/EU |
| POAO Reg 61/SCO/51/S | Import of feed and food originating in or consigned from Japan | 30/03/12 | Commission Implementing Regulation 284/2012/EU |
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/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 |
| POAO/W/2008/008 | Milk and milk products from China | 17/10/08 | Commission Decision 2008/798/EC |
| POAO 2008/W/010 | Soya and soya products from China | 11/12/08 | Commission Decision 2008/921/EC |
| POAO 2008/W/011 | Milk and milk products and soya and soya products from China | 22/12/08 | Commission Decision 2008/798/EC Commission Decision 2008/921/EC |
| POAO/2010/W/035 | Pentachlorophenol and dioxins in guar gum from India | 15/04/2010 | Commission Decision 2010/258/EC |
| POAO/2010/W/007 | Imports of bivalve molluscs from Peru | 22/10/2010 | Commission Decision 2010/641/EU |
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 |
| POAO/NI/2008/008 | Milk and milk products from China | 16/10/08 | Commission Decision 2008/798/EC |
| POAO/NI/2008/009 | Bivalve molluscs from Peru | 19/11/08 | Commission Decision 2008/866/EC |
| POAO/NI/2008/010 | Soya and soya products from China | 11/12/08 | Commission Decision 2008/921/EC |
| POAO/NI/2008/011 | Milk and milk products and soya and soya products from China | 22/12/08 | Commission Decision 2008/798/EC Commission Decision 2008/921/EC |
| POAO/NI/2009/001 | Bivalve molluscs from Peru | 30/03/09 | Commission Decision 2009/297/EC |
| POAO/NI/2010/002 | Revocation of POAO/NI/2008/006 on fishery products from Indonesia | 21/04/10 | Commission Decision 2010/219 EU |
| POAO/NI/2010/003 | Aquaculture and farmed fishery products from Indonesia | 21/04/10 | Commission Decision 2010/220 EU |
| POAO/NI/2010/006 | Bivalve molluscs from Peru | 23/11/10 | Commission Decision 2010/641 EU |
| POAO/NI/2011/001 | Food and feed from Japan | 26/03/11 | Commission Regulation (EU) No 297/2011 |
| POAO/NI/2011/004 | Food and feed from Japan | 11/07/11 | Commission Regulation (EU) No 657/2011 |
Food not containing animal products
The EU Official Controls Regulation 882/2004 and The Official Feed and Food Controls (England) Regulations 2009 (the OFFC Regulations 2009) 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 2009 can be found on the legislation.gov.uk 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 35 of the OFFC Regulations 2009 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/2009/E/001 | The importation of pears originating in or consigned from Turkey due to high residue levels of amitraz | 12/11/09 | Commission Decision 2009/835/EC |
| OFFC/2009/E/002 | Melamine in products from China | 15/12/09 | Commission Regulation 2009/1135/EC |
| OFFC 2009/E/003 | Aflatoxins from certain third countries | 17/12/10 | Commission Regulation 2009/1152/EC |
| OFFC 2009/E/004 | Mineral oil in sunflower oil from the Ukraine | 17/12/09 | Commission Regulation 2009/1151/EC |
| OFFC 2010/E/001 | Guar Gum from India | 09/04/10 | Commission Regulation (EU) 258/2010 |
| OFFC 2011/E/001 | Feed and food from Japan | 26/03/11 | Commission Regulation (EU) 297/2011 |
| OFFC 2011/E/002 | Feed and food from Japan | 12/04/11 | Commission Regulation (EU) 297/2011 |
| OFFC 2011/E/004 | Seeds and beans from Egypt | 07/07/11 | Commission Decision 2011/402/EU |
| OFFC 2011/E/006 | Feed and food from Japan | 29/09/11 | Commission Regulation 961/2011 |
Scotland Legislation and Declarations
| Reference | Subject | With effect from | EU legislation |
|---|---|---|---|
| OFFC/2009/S/001 | The importation into Scotland of pears originating in or consigned from Turkey due to high residue levels of amitraz | 12/11/09 | Commission Decision 2009/835/EC |
| OFFC/2009/S/002 | Imposing special conditions governing the import of certain products originating in or consigned from China, and repealing Commission Decision 2008/798/EC | 25/11/09 | Commission Regulation 2009/1135/EC |
| OFFC/2009/S/003 | Imposing special conditions governing the import of certain foodstuffs from certain third countries due to contamination risk by aflatoxins and repealing Decision 2006/504/EC | 27/11/09 | Commission Regulation 2009/1152/EC |
| OFFC/2009/S/004 | Imposing special conditions governing the import of sunflower oil originating in or consigned from Ukraine due to contamination risks by mineral oil and repealing Decision 2008/433/EC | 27/11/09 | Commission Regulation 2009/1151/EC |
| OFFC/2010/S/001 | Imposing special conditions governing the import of guar gum and products containing guar gum from India | 14/04/10 | Commission Regulation 2010/258/EC |
| OFFC/2011/S/002 | Import of feed and food originating in or consigned from Japan | 11/04/11 | Commission Regulation 351/2011 EU |
| OFFC/2011/S/003 | Import of feed and food originating in or consigned from Japan | 23/05/11 | Commission Regulation 506/2011 EU |
| OFFC 2011/S/004 | Seeds and beans from Egypt | 07/07/11 | Commission Decision 2011/402/EU |
| OFFC 2011/S/005 | Import of feed and food originating in or consigned from Japan | 07/07/11 | Commission Regulation 657/2011 EU |
| OFFC 2011/S/006 | Repealing of Regulation (EU) No 297/2011 | 01/10/11 | Commission Regulation 961/2011 EU |
| OFFC 2011/S/007 | Seeds and beans from Egypt | 10/10/11 | Commission Implmenting Decision 2011/662/EU |
| OFFC 2011/S/008 | Seeds and beans from Egypt | 01/11/11 | Commission Implmenting Decision 2011/718/EU |
| OFFC 2011/S/009 | Feed and food from Japan | 22/09/11 | Commission Regulation 1371/2011/EU 1 |
| OFFC 2011/S/010 | Seeds and beans from Egypt | 28/12/11 | Commission Implementing Decision 2011/880/EU |
| OFFC 2012/S/003 | Import of feed and food originating in or consigned from Japan | 30/03/12 | Commission Implementing Regulation 284/2012/EU |
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/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 |
| OFFC/2008/W/005 | Milk products from China | 17/10/08 | Commission Decision 2008/798/EC |
| OFFC/2008/W/006 | Soya and soya products from China | 11/12/08 | Commission Decision 2008/921/EC |
| OFFC/2008/W/007 | Milk and milk products and soya and soya products from China | 22/12/08 | Commission Decision 2008/798/EC Commission Decision 2008/921/EC |
| OFFC/2009/W/002 | Imposing special conditions governing the import of certain products originating in or consigned from China, and repealing Commission Decision 2008/798/EC | 25/11/09 | Commission Regulation 2009/1135/EC |
| OFFC/2010/W/001 | Pentachlorophenol and dioxins in guar gum from India | 15/04/2010 | Commission Decision 2010/258/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 |
| OFFC/2008/NI/005 | Milk products from China | 16/10/08 | Commission Decision 2008/798/EC |
| OFFC/2008/NI/006 | Soya and soya products from China | 11/12/08 | Commission Decision 2008/921/EC |
| OFFC/2008/NI/007 | Milk and milk products and soya and soya products from China | 22/12/08 | Commission Decision 2008/798/EC Commission Decision 2008/921/EC |
| OFFC/2009/NI/001 | Imposing special conditions governing the import of pears from Turkey | 18/11/09 | Commission Decision 2009/835/EC |
| OFFC/2009/NI/002 | Imposing special conditions governing the import of certain products originating in or consigned from China, and repealing Commission Decision 2008/798/EC | 25/11/09 | Commission Regulation 2009/1135/EC |
| OFFC/2009/NI/003 | Imposing special conditions governing the import of certain foodstuffs from certain third countries due to contamination risk by aflatoxins and repealing Decision 2006/504/EC | 27/11/09 | Commission Regulation 2009/1152/EC |
| OFFC/2009/NI/004 | Imposing special conditions governing the import of sunflower oil originating in or consigned from Ukraine due to contamination risks by mineral oil and repealing Decision 2008/433/EC | 27/11/09 | Commission Regulation 2009/1151/EC |
| OFFC/2011/NI/001 | Import of food and feed from Japan | 26/03/11 | Commission Regulation (EU) No 297/2011 |
| OFFC/2011/NI/005 | Import of food and feed from Japan | 11/07/11 | Commission Regulation (EU) No 657/2011 |
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 the list of products not of animal origin with current EU restrictions at the link below.
Related links
Table of foodstuffs with current EU restrictions
Products of non-animal origin (updated May 2012)
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