The proposed agreement will require some businesses to change the way they currently operate, and the longer-term benefits may justify any short-term upheaval. The extent of those changes will depend in part on whether a business currently trades with the EU as it will already be following EU rules. For other businesses, with little or no EU exposure, the new agreement may require more significant changes.
Either way the agreement may provide significant growth opportunities for UK food businesses.
In the years since the UK left the EU there is clear evidence that trade between the two jurisdictions became more complex and, in many cases, more expensive. The result has been a reduction in the amount and value of exports to the EU (figures suggest the drop was approximately 22% equating to £4 billion).
In May 2025, the UK and the EU agreed that they would consider creating a new Sanitary and Phytosanitary (SPS) agreement. Of course, the real benefits will only be seen when the detail is finalised, but the expectation is that this Agreement will reduce the cost and administrative burden of trading between the UK and the EU, and within the UK itself (i.e. between Great Britain and Northern Ireland).
Financial savings will be seen by no longer requiring export health and other certificates, not having to pay port checks fees and sampling-related costs. In addition, goods should be imported and exported more quickly with greater predictability.
So, what legislation is in scope as we move towards greater alignment between the UK and the EU?
The UK expectation is that in-scope legislation will include: general food law and consumer information (general food law, food information to consumers and nutrition and health claims), food hygiene and safety (e.g. hygiene of foodstuffs and the enhanced rules for products of animal origin), food additives, flavourings, supplements and novel foods and marketing standards for specific foods. Rules relating to animal welfare and animal and plant health are also expected to be included.
The Agreement is expected to permit a limited exception to the rules on dynamic alignment where:
(i) it does not lead to lower standards as compared to European Union rules, (ii) it does not negatively affect European Union animals and goods being placed on the market in the United Kingdom in respect of Great Britain, and (iii) it respects the principle that only animals and goods compliant with European Union rules move into the European Union.
Further information may be found in the Policy paper – UK-EU Summit – Common Understanding updated 22 December 2025
The ambitious aim is that the Agreement will take effect in mid-2027 which is not so far away and in May 2026, the UK Government is expected to publish detailed guidance to enable businesses to start preparing.
Other than waiting until May, what can businesses and other interested persons do now?
For one, they can make their views known by responding to DEFRA’s Call for Information which opened on 9 March 2026 and will close on 23 April 2026. This involves completing an online survey or downloading the documents and submitting them by email. Further information may be found at UK-EU SPS Agreement – Call for Information – Defra – Citizen Space and the full list of questions may be found at uk-eu-sps-agreement-call-for-information-questionspdf.
This is an important time for trade between the UK and the EU and sharing your views now will help to create a workable, practical and robust Agreement.
The Food Standards Agency will provide a SPS progress report at its March 2026 Board meeting and it will be interesting to see what flows from that. That report may be found at www.food.gov.uk/board-papers/programme-update-how-the-fsa-is-preparing-for-a-uk-eu-sps-agreement
If we can assist with making a submission or with the potential implications of the Agreement for your business, please feel free to get in touch. As we work in the UK (England and Wales) and in the EU (Ireland) we are well placed to comment on the differences between GB assimilated law and contemporary EU law across a range of food and drink related areas.
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.