Major changes lie ahead for the food sector, and food businesses must start to plan now so they are not left behind. Strategic proactive change is usually more manageable, and cost effective, than a last-minute rushed approach.
In May 2025, the United Kingdom and the European Union agreed to pursue a new Sanitary and Phytosanitary (SPS) agreement. It covers areas such as plants, animals, feed and food, including animal products. The Agreement is due to take effect in mid-2027.
Although 12 months seems a long time, anyone involved in food production, manufacturing, distribution and labelling will know that it is not.
One aim of the Agreement is to remove some of the hurdles and barriers to trade that have existed since the UK left the EU. The impact will be seen in trade between Great Britain and the EU and within the UK itself, between GB and Northern Ireland.
There is a lot to the Agreement, and its effects will be wide-ranging. The following is a summary of where we are now.
What laws are in scope?
There are 76 EU Regulations and Directives included in the Agreement.
EU Regulations, currently in force in GB as assimilated law, in scope include:
General food law (178/2002)
Food information to consumers (1169/2011)
Nutrition and health claims (1924/2006)
General hygiene rules (852/2004)
Hygiene rules for products of animal origin (853/2004)
Legislation governing additives, flavourings and novel foods is also in scope.
Who is affected?
If your business activities are covered by the terms of the Agreement, the simple answer is that you will need to comply with the relevant EU rules. This applies whether you are trading with the EU or only serving the UK market.
We move from divergence to dynamic alignment
The Agreement will be implemented in the UK by primary legislation. EU rules will then apply by way of ‘timely dynamic alignment’ so that they will take effect immediately and will continue to apply thereafter (subject to very limited exceptions which currently include animal welfare and precision breeding).
The level of resources that a business must deploy will depend in part on the extent to which there has been regulatory divergence in the specific activity under consideration.
By way of example, the EU recently updated Directives relating to honey, fruit juices, jams and dehydrated milk (EU Directive 2024/1438 – the so-called Breakfast Directive). These laws do not apply in GB. However, those laws do apply in NI and are given effect by the The Breakfast Foods (Amendment) Regulations (Northern Ireland) 2026.
The ‘breakfast’ legislation is within the scope of the SPS Agreement.
Also, included is EU Directive 2002/46 on food supplements. There have been several amendments to this Directive at EU level which may have an impact on GB businesses.
What else is included in the Agreement?
Other areas covered by the Agreement include food contact materials, organic products, GMOs, animal health, welfare and transport and official controls.
What must I do now?
The Agreement is extremely wide-ranging, and it is difficult to think of many food businesses that will not be affected by the changes.
Although there are likely to be further developments and clarifications, the generality of the Agreement is in place. You should review your activities and the legislation that applies to them and see whether they are in scope. If so, it will be necessary to implement the changes you will need to make to meet the applicable EU rules
How can we help?
Please get in touch if you will be affected by the application of the SPS Agreement to discuss how to take steps to be fully compliant in mid-2027 (which is not that far way!).
Ian Thomas can be contacted at ian@ianthomasassociates.com
He also practises from Gough Square Chambers, London – ian.thomas@goughsq.co.uk
This article is provided for information only and does not constitute legal advice. Formal legal advice should always be obtained before taking or refraining from taking any action.
Any comment or views expressed in this content are personal.