Forty Third Report Contents

Proposed Negative Statutory Instruments under the European Union (Withdrawal) Act 2018

Instruments recommended for upgrade to the affirmative procedure

Food and Drink (Miscellaneous Amendments Relating to Food and Wine Composition, Information and Labelling) Regulations 2021

1.The Department for Environment, Food and Rural Affairs (Defra) states that while there will be no changes to policy, some of the amendments made by this instrument will have “real world” effects on food information and the way in which it is presented to consumers. For example, in relation to the origin of meat (excluding beef which is dealt with by separate legislation), the instrument will require the use of a “non-UK” rather than “non-EU” origin designator. This new requirement does not preclude the use of a designator that shows the specific country of origin. The instrument includes a 21-month adjustment period to give businesses time to adjust to the new requirement, with similar legislation planned in Wales and Scotland, so that the continued use of “EU” or “non-EU” origin designators will be allowed across Great Britain (GB) until 1 October 2022.

2.We note that, as consumers will no longer be able to tell whether meat (excluding beef) is from the EU or not after the adjustment period, this may have the potential of reducing key information that is available at present about the origin of a product and therefore about the associated food standards. We also note that after the adjustment period, different requirements will apply in GB and Northern Ireland (NI) where EU requirements will continue to apply as a result of the NI Protocol. Defra told us that “further steps will be taken to continue unfettered access for NI food products to the GB market”.

3.Given the sensitivities around future food standards and the potential impact of different labelling requirements on trade between NI and GB, the House may welcome an opportunity to explore these issues. On balance, therefore, we take the view that the instrument should be subject to the affirmative procedure.

Instruments about which no recommendation to upgrade is made





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