The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2025
These Regulations, titled the Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2025, were enacted by the Secretary of State to amend the existing framework governing enhanced official controls on specific high-risk food and feed of non-animal origin entering England.
The key changes involve replacing the former Combined Nomenclature (CN) codes and TARIC sub-divisions with a single 'commodity code' structure to align with the UK's Integrated Tariff system, and substituting the previous Annexes I and II of EUR 2019/1793 with updated lists detailing required controls, hazards, and inspection frequencies for products originating from various third countries.
The Regulations extend to England and Wales but apply only to England, coming into force on January 1, 2026.
Arguments For
The update aligns the UK’s Import of High-Risk Food and Feed system with post-EU-Exit customs requirements by replacing outdated 'CN Codes and TARIC classifications' with a unified 'commodity code' structure, simplifying import administration.
Adjusting the frequency of official checks (physical and identity checks) in the attached annexes is based on recent risk assessments and consultations, ensuring resources are targeted where contamination risks (like aflatoxins, Salmonella, or pesticide residues) are highest.
The regulations implement necessary administrative changes post-Brexit by substituting the former EU-aligned Annexes I and II of Regulation (EU) 2019/1793 with updated versions specific to Great Britain/England entry requirements.
Transparent public consultation was undertaken as required by Regulation 178/2002, indicating a deliberate, democratic process in formulating these controls.
Arguments Against
Changing the structure of commodity identification (replacing CN/TARIC codes with 'commodity codes') could present short-term transitional difficulties and increased administrative burdens for importers used to the previous coding system.
The regulatory changes, particularly frequency adjustments, might increase scrutiny and costs for specific product lines from listed third countries, potentially disrupting established trade patterns.
Amending the lists of high-risk products and their control frequencies implies a continued reliance on complex, detailed EU-derived regulatory schedules, potentially missing an opportunity to simplify or streamline the overall control framework for non-animal origin food and feed.
The substitution of annexed lists (Schedules 1 and 2) introduces substantial new compliance requirements without a formal impact assessment, as noted in the explanatory note, suggesting minimal foreseen economic disruption might be an underestimation for affected traders.
The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 53(1)(b) and 57a(6) of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (“Regulation 178/2002”) and Articles 34(6), 47(2)(b), 54(4)(a) and (b) and 144(6) of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products (“Official Controls Regulation”).
The Secretary of State created these Regulations using powers granted under two specific pieces of European legislation: Regulation 178/2002, which establishes core food law principles and the European Food Safety Authority, and the Official Controls Regulation (EU 2017/625), which governs how official checks are conducted to enforce food and feed safety rules.
As required by Article 9 of Regulation 178/2002, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.
Before making these rules, the government conducted public consultation, ensuring openness and transparency, as mandated by Article 9 of the foundational food law Regulation 178/2002.
As required by Article 144(7) of the Official Controls Regulation, the Secretary of State has consulted with such bodies or persons as appear appropriate.
The Secretary of State also fulfilled the requirement under Article 144(7) of the Official Controls Regulation by consulting with relevant bodies or individuals considered appropriate for this amendment process.
Citation, commencement, extent and application 1.
This marks the beginning of the operative section detailing the official title, when the Regulations start, where they apply geographically, and to whom.
(1)
These Regulations may be cited as the Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2025 and come into force on 1st January 2026.
The official title of these rules is specified, and the regulations officially start being legally effective across the relevant jurisdiction on January 1, 2026.
(2)
These Regulations extend to England and Wales but apply in relation to England only.
Although the legislation technically covers both England and Wales in its scope, its actual application and legal effect are restricted only to England.
Amendment of Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures, etc. 2.
This section introduces the power to make amendments to Commission Implementing Regulation (EU) 2019/1793, which previously dealt with temporary increases in official controls and emergency measures for certain imported goods.
(1)
Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660 is amended as follows.
The text specifies that Commission Implementing Regulation (EU) 2019/1793 (which sets control increases for high-risk imports) is now being amended according to the following provisions.
In Article 1(1) (subject matter and scope)—
The amendments begin by focusing on Article 1(1) of the 2019 Regulation, which defines what the regulation covers (its subject matter and scope).
(a)
in sub-paragraphs (a) and (b)(i), for the words “CN Codes and TARIC classifications” substitute “commodity codes”;
In specified parts of the scope definition, the outdated terminology 'CN Codes and TARIC classifications' is formally replaced with the new, unified term 'commodity codes'.
(b)
in sub-paragraph (b)(ii), for “CN codes” substitute “commodity codes”.
Similarly, the reference to 'CN codes' is replaced throughout sub-paragraph (b)(ii) with the designated 'commodity codes'.
(3)
For Article 2A (references to CN codes and TARIC classifications) substitute—
“Article 2A. Definition of commodity code
For the purposes of this Regulation, ‘commodity code’ has the meaning given in the customs tariff, as established under section 8(1) of the Taxation (Cross-border Trade) Act 2018.”.
Article 2A, which previously explained the terms for classifying goods, is wholly replaced.
The new Article 2A now defines 'commodity code' by directing readers to the meaning established in the UK's Taxation (Cross-border Trade) Act 2018 customs tariff.
(4)
In Article 5 (list of food and feed of non-animal origin) in paragraph (2), for “codes from the Combined Nomenclature and the TARIC sub-division” substitute “commodity code”.
Article 5, relating to the list of products covered, is updated so that the description of identification codes shifts from specifying 'codes from the Combined Nomenclature and the TARIC sub-division' to referencing the single 'commodity code'.
(5)
In Article 7 (entry into Great Britain) in paragraph (2), after “on the basis of the” insert “commodity”.
Article 7, concerning the rules for goods entering Great Britain, is modified by inserting the word 'commodity' after the phrase 'on the basis of the', likely requiring entry documentation to specify the commodity code.
(6)
For Annex I (food and feed of non-animal origin from certain third countries subject to a temporary increase of official controls at border control posts and control points), substitute the Annex contained in Schedule 1.
Annex I of the 2019 regulation, which lists products subject to increased official controls at border points, is entirely replaced with the new content provided in Schedule 1 of these amending Regulations.
(7)
For Annex II (food and feed from certain third countries subject to special conditions for the entry into Great Britain due to contamination risk by mycotoxins, including aflatoxins, pesticide residues and microbiological contamination), substitute the Annex contained in Schedule 2.
Annex II of the 2019 regulation, which lists products facing special entry conditions due to specific contamination risks (like mycotoxins), is completely replaced by the content detailed in Schedule 2.
(8)
In Annex IIa (food and feed from certain third countries subject to suspension of entry into Great Britain referred to in Article 11A), in the table (England)—
The changes now address Annex IIa of the 2019 regulation, which specifies goods subject to suspension of entry into Great Britain, focusing only on the table relevant to England.
(a)
for the column heading “CN code” substitute “Commodity code”;
In the table within Annex IIa, the column heading that previously referred to 'CN code' is relabelled as 'Commodity code'.
(b)
omit the column with the heading “TARIC sub-division”; and
The separate column previously designated for 'TARIC sub-division' is removed entirely from the table.
(c)
in table footnote (1), for “CN code” in both places it appears, substitute “commodity code”.
Footnote (1) associated with the Annex IIa table is updated by replacing all instances of 'CN code' with 'commodity code'.
Schedule 1
Annex to be substituted for Annex I to Commission Implementing Regulation (EU) 2019/1793
Schedule 1 provides the comprehensive, replacement text for Annex I of the principal regulation.
This annex lists country-specific food and feed items subject to increased temporary official controls at border points, detailing the commodity, hazard, and required inspection frequency.
Schedule 2
Annex to be substituted for Annex II to Commission Implementing Regulation (EU) 2019/1793
Schedule 2 contains the complete, substituted text for Annex II of the principal regulation.
This annex lists food and feed subject to special entry conditions due to contamination risks, organized into Table 1 (individual products) and Table 2 (compound foods), along with associated contaminants and check frequencies.
Explanatory Note (This note is not part of the Regulations)
- These Regulations amend Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660, in relation to England (“EUR 2019/1793”).
The explanatory note clarifies that this statutory instrument amends EUR 2019/1793—which covers increased controls on high-risk imports—specifically for England, having revoked several older EU regulations in the process.
Regulation 2 updates the lists of high-risk food and feed of non-animal origin in Annexes I and II to EUR 2019/1793. Regulation 2(6) and (7), and Schedules 1 and 2, substitute those Annexes.
The core substance of the update, contained in Regulation 2 and detailed in Schedules 1 and 2, is the replacement of the lists detailing high-risk food and feed products in the original Annexes I and II.
In addition to substituting the lists in Annexes I and II to EUR 2019/1793, insofar as they apply to England, these Regulations amend the presentation of the codes used to identify the food and feed subject to controls. References to “Combined Nomenclature (CN) codes” and “TARIC sub-divisions” are updated to a single “commodity code” to align with the United Kingdom’s Integrated Tariff system. The lists are amended to remove the “ex” markings from certain commodities which are not required as a result of adopting the UK's Integrated Tariff system post EU-Exit. The Annexes are now updated to align the presentation of the commodity codes with the UK's Integrated Tariff system. Table footnotes have been revised to streamline references to analytical methods and pesticide residue controls.
These rules modernize the coding system post-Brexit by substituting CN/TARIC references with the UK's 'commodity code,' which aligns with the UK Integrated Tariff.
This change also results in removing certain 'ex' markings that were previously necessary under the EU system.
Furthermore, footnotes referencing testing methods for contaminants have been streamlined.
Annex I to EUR 2019/1793 contains the list of food and feed of non-animal origin subject to a temporary increase in official controls at border control posts or control points in Great Britain. The changes include the addition of new commodities, removal of certain commodities, and adjustments to the frequency of identity and physical checks based on risk assessment and consultation.
The revised Annex I lists non-animal origin food and feed subject to immediate increased controls at borders.
The updates reflect new risk assessments conducted following consultation, involving adding, removing, or altering the required inspection frequency for specific products from various countries.
Annex II to EUR 2019/1793 contains the list of food and feed of non-animal origin subject to special conditions for entry into Great Britain due to contamination risks, and a list of compound foods containing those products. The changes include the transfer of certain commodities from Annex I to Annex II, the addition of new entries, and updates to footnotes.
The updated Annex II details products that have special entry requirements due to risks like mycotoxins or pesticide residue contamination, alongside provisions for compound foods containing these items.
Changes involved shifting some previously listed items and adding new entries or updating related reference notes.
In each Schedule, standards are specified within some footnotes to show requirements for the analytical methods and laboratories used. The documents referred to have been published online and the online addresses are specified under each footnote where relevant. Hard copies of these documents are available for inspection at the Food Standards Agency, 64 Victoria Street, London SW1H 9EX, at reasonable times, following a written request to that address or to [email protected].
For certain contaminants listed in the schedules, footnotes detail specific technical standards for analytical methods.
These referenced standards are available online, but hard copies can also be inspected at the Food Standards Agency headquarters in London upon request.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the public, private or voluntary sectors is foreseen. An Explanatory Memorandum is available alongside this instrument at www.legislation.gov.uk.
No formal impact assessment was required because no significant effects are anticipated for the public, private, or voluntary sectors.
The accompanying Explanatory Memorandum can be found alongside this instrument online.