Explains the legal requirements that food businesses who import products of non-animal origin into the UK must comply with.

Imports refer only to products which come from outside of the EU. This legislation lists the products of non-animal that have increased levels of controls when importing into the EU and sets out the extra steps and processes importers must take at designated points of entry when importing these goods into the EU. 

Where emergency controls exist, there is usually a requirement for the Port Health Authority to conduct documentary checks and sampling for analysis or examination.

Foodstuffs with current EU restrictions

Importing through a suitable port
Most non-POAO may enter through any port, however you must check that the port has the necessary facilities in place to handle the imported produce. Importers should contact the port or contact the local authority where the port is situated.

These are products likely to be contaminated with aflatoxins (such as nuts) and uncultivated wild mushrooms that may be contaminated with radiocaesium following the Chernobyl power station incident.

Importers should be aware that some products from specific countries are subject to emergency controls and can only enter the UK through Designated Ports.

You can access a list of UK designated points of import  for high risk foods.

Legislation for importing produce of non-animal origin
Food which is intended for human consumption must meet the general food safety requirements of European Union law.
Under Regulation 178/2002 food must not be unsafe, this means:

• injurious to health
• unfit for human consumption
• food containing animal products includes meat, poultry, fish, eggs, dairy products and honey
• food that has no animal content includes fruit, vegetables, cereals, certain bakery products, herbs, spices, mineral water and fruit juices

Apart from the general provisions of Regulation 178/2002, the specific legislation applying to imported food will depend on whether the food is of animal origin or not.

• Regulation 669/2009 – official controls on imports of certain feed and food of non-animal origin
• Regulation 2017/1142 – list of feed and food of non-animal origin subject to an increased level of official controls on imports

Emergency controls exist for certain food products not of animal origin from specific countries to reduce known human or animal health risks

Importing trade samples of non-animal origin
Trade samples of food can be imported for test marketing, research and development, or quality assurance purposes. Samples of food that do not contain any POAO can enter the UK freely, unless restrictions apply. Where the product is for research purposes (e.g. laboratory tests) or for commercial approval and will not be consumed, they may not be considered subject to the controls.

If the samples are for taste testing, they must be edible and free from contamination. Even if the samples are given away, it is likely that they will be controlled by food law as there is an ‘extended definition of sale’ in the Food Safety Act 1990 which covers food given away. For further advice, contact your local authority’s food safety team or environmental health department.

Importers must ensure that their goods are safe and legal before they are purchased from producers and imported into the UK.

Public Analysts, who are skilled scientists, are available to test that food samples comply with food safety requirements by undertaking chemical analysis and/or by arranging for microbiological examination, although there is no legal requirement for importers to do so.

Lists of port health authority see link : http://www.porthealthassociation.co.uk/port-directory/

In addition, there are a number of other laboratories in the UK and abroad that would undertake the work that importers may require. The importer could then arrange for the analysis report to form the basis of their quality controls for their supplier.

Ports for wild mushrooms contaminated with radiocaesium from non-EU countries
See Regulation 1635/2006 on the European Commission website, for the list of ports and airports which wild mushrooms and wild mushroom products can be imported into the EU from Chernobyl affected countries.