Food Not of Animal Origin (FNAO)

From 1 January 2006, FNAO import controls were harmonised at Community level by Regulation (EC) No 882/2004.  The provisions of the EU Regulation are directly applicable but are given effect at national level by the Official Feed and Food Controls Regulations (The OFFC Regs).

EU Regulation 882/2004
Regulation 882/2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules introduces EU-wide harmonised rules for import controls for FNAO. The requirements (at Articles 15 to 25) extend to foods not already covered by Directive 97/78/EC (POAO Veterinary Checks regime). These cover controls in relation to materials and articles in contact with food as well as cleaning and maintenance products and processes, and pesticides. Regulation 882/2004 can be viewed on the Europa website.

The Official Feed and Food Controls Regulations 2007
The Official Feed and Food Controls (England) Regulations 2007 give effect to the EU Regulation 882/2004 in England only.  Parallel legislation is in place in Scotland, Wales, and Northern Ireland. These regulations replace The Official Food and Feed Controls Regulations 2006. For more information on the changes brought in by the 2007 regulations click here.

The Regulations give PHOs/EHOs powers to perform official controls, which could include inspecting, sampling and detaining suspicious food consignments. Powers are also given to take action to control consignments that do not comply with import conditions or are unsafe to eat. Where consignments are found to be non-compliant a legal notice can be served requiring the re-export (outside the EU), destruction, processing or alternative use. Guidance on officer authorisations needed can be found on the LACORS website.

The Regulations also include a mechanism for ensuring that where there is serious or imminent risk to public health, control measures may be put in place. In particular, it may be used to ensure that Emergency Decisions made at EU level are implemented without delay. It does so by giving the Food Standards Agency powers to make declarations regarding import conditions for particular products. These conditions would apply with immediate effect.

Other legislation
For certain areas, for example, contaminants, there are specific EU harmonised requirements for foods which can be applied at point of import as well as inland. These EU requirements are implemented in the UK by separate legislation but the powers to deal with non-conforming food at import are those contained in the OFFC Regs.

Separate and detailed European Commission guidance on the contaminants legislation is available here.

Extra Controls for High Risk Products
Specific emergency controls are in place for certain food products not of animal origin from specified countries to reduce known human or animal health risks.

See a list of foodstuffs with current EU restrictions. For more information on the foodstuffs with specific emergency controls see the APHA high risk product guides.

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

Most FNAO may enter through any port, although importers should contact the port or contact the local authority in whose area the port is situated, to check that the port has the necessary facilities in place to handle food.

Importers should also be aware that some products from specific countries are subject to emergency controls and can only enter into the UK through designated ports. These are products likely to be contaminated with aflatoxins (such as nuts) and products that may be contaminated with radiocaesium following the Chernobyl power station incident (such as cranberries, blackberries and uncultivated wild mushrooms).

Download a table of ports designated for high risk foods.

Changes to Controls High risk products
EU Regulation 882/2004 (Article 15(5)) provides that the Commission may issue a list of high risk FNAO. These products will be identified on the basis of known or emerging risk, and will be subject to increased import controls at the point of entry. The frequency and nature of such checks will be specified by the Commission when the products are identified. The enhanced controls provided for by these arrangements include; prior notification, import through designated ports only, and specified documentary and physical checks at points of entry.

As the Commission had not yet issued a list of high risk products, it is not possible at this stage to legislate for these products at a national level. It is proposed that once the list of products has been issued by the Commission, the national legislation will be amended appropriately. In the meantime, current safeguard measures will continue to apply and further measures may be introduced under the provisions of the EU General Food Law Regulation (178/2002) such that public and animal health protection will not be compromised by the delay. These measures provide similar enhanced requirements such as specified checks and, where relevant, entry through designated ports.

Guidance
Good Practice Guide for Imported Food of NAO pdf
Guidance for Importers

More Information
Products of Animal Origin
Changes for the OFFC Regulations 2007
FSA Imported Food Information

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