Import: Standards, Testing, Etc.

Standards and Certification

Technical regulations and standards are intended to defend the safety of humans, the environment, and the nation. The requirements may concern the features or quality of a product or the procedures for testing, certification, labeling, and so on. They relate to issues such as product development, production, packaging, storage, distribution, and marketing.

Technical regulations are compulsory requirements set by governments. Standards are voluntary and are generally developed by a group of stakeholders, such as industry, consumers, public authorities, and researchers. Some standards and marks are country-specific.

International organizations devoted to creating and administering standards include:

• International Organization for Standardization (ISO)
• International Electrotechnical Commission (IEC)
• International Telecommunication Union (ITU-T), telecommunication standardization sector

Some of the UK's legislation is harmonized with European Standards Organizations. Only standards developed by the three organizations listed below are recognized as official European Standards. 

European Committee for Standardization (Comité Européen de Normalisation or CEN)

European Committee for Standardization (in French Comité Européen de Normalisation or CEN) (www.cencenelec.eu) develops voluntary European Standards across various sectors of products, including air and space, chemistry, construction, consumer products, energy and utilities, food, health and safety, healthcare, heating, cooling, ventilation, information and communications technologies, materials, measurement, mechanical engineering, nanotechnology, security and defense, services, transport, and packaging. It is not a certification body but rather a committee made up of national standardization bodies from European countries that are devoted to developing and disseminating standards.

European Committee for Electrotechnical Standardization (Comité Européen de Normalisation Électrotechnique or CENELEC)

European Committee for Electrotechnical Standardization (in French Comité Européen de Normalisation Électrotechnique or CENELEC) brings together the National Electrotechnical Committees of 34 European countries. It prepares voluntary standards in the electrotechnical field, which help facilitate trade between countries, create new markets, cut compliance costs, and support the development of a Single European Market. An example is the Low Voltage Directive (LVD), which covers equipment with a voltage rating of 50–1000 volts (alternating current) or 75–1500 volts (direct current).

European Telecommunications Standards Institute (ETSI)

European Telecommunications Standards Institute or ETSI (www.etsi.org) produces globally applicable standards for information and communications technologies, including fixed, mobile, radio, converged, broadcast, and Internet technologies. It is also concerned with interoperability, including protocol testing and methodology. ETSI standards can be searched and browsed online at www.etsi.org/standards-search%23Pre-defined%20Collections#Pre-defined%20Collections.

British Standards Institution (BSI)

British Standards Institution or BSI (www.bsigroup.com) is the national standards body for the United Kingdom. BSI is responsible for the development, adoption, maintenance, and distribution of standards, and it is the Brutish representative to the CEN and International Organization for Standardization or ISO (www.iso.org).

Technical Regulations and Marks

UK Conformity Assessed (UKCA) Mark

The UK Conformity Assessed (UKCA) Mark is a product conformity marking used for goods being placed on the market in Great Britain (England, Wales, and Scotland). It covers most goods that previously required the CE mark; however, it also applies to aerosol products that previously required the reverse epsilon marking. 

The technical requirements, conformity assessment processes, and standards that can be used to demonstrate conformity are largely the same for the UKCA mark as the CE mark. Additionally, the circumstances in which self-declaration of conformity for UKCA marking can be used are the same as for CE marking. Therefore, those who were able to self-declare conformity for the CE mark will be able to do the same for the UKCA mark. A list of areas where self-declaration of conformity for UKCA marking is permitted is available online at www.gov.uk/guidance/using-the-ukca-marking#self-declaration.

The UKCA mark came into effect on January 1, 2021; however to allow businesses time to adjust to the requirements, the CE mark will be accepted until the end of 2022 for most products. The UKCA mark alone cannot be used for goods placed on the Northern Ireland market. More information related to placing manufactured goods on the market in Northern Ireland is available at www.gov.uk/guidance/placing-manufactured-goods-on-the-market-in-northern-ireland.

The UKCA mark is not recognized on the EU market, which requires a CE mark. Additional information on the UKCA mark is available at www.gov.uk/guidance/using-the-ukca-marking.

European Conformity (Conformité Européenne or CE)

CE stands for Conformité Européenne meaning "European Conformity" in French. It is a conformity mark on many products placed on the single market in the European Economic Area (EEA), which includes all European Union and European Free Trade Association (EFTA) countries. The CE marking certifies that a product sold in the EEA has met high safety, health, and environmental requirements. The CE mark is compulsory for some products, such as toys, household appliances, phones, and machinery. A product may not have the CE marking unless it is covered by a directive providing for its affixing. For additional information about CE marking, visit www.ec.europa.eu/growth/single-market/ce-marking_en.

The CE mark is only valid in Great Britain (GB) for areas where GB and EU rules remain the same. If the EU changes its rules and a product has the CE mark on the basis of those new rules, the CE marking will not be able to be used to sell in GB, even before December 31, 2022.

Radio Equipment Regulations 2017 (SI2017/1206)

The Radio Equipment Regulations 2017 (SI2017/1206) covers the safety and performance requirements for all wireless communications and radio equipment placed on the market in Great Britain. Products and equipment that conform to the requirements of the Regulations should display the UKCA Mark and be supported by a valid UK Declaration of Conformity.

The UK Radio Equipment Regulations apply to all equipment placed on the market in Great Britain that uses the radio spectrum below 3THz for communication and for radiodetermination. The regulations apply to both transmitters and receivers.  This means that if you manufacture any product that transmits or receives radio frequencies over the air your product will almost certainly be subject to the regulations. This includes connected devices such as those that transmit and receive radio signals including Wi-Fi and Bluetooth devices. This could include medical devices, fire detection and suppression products, or many other products used throughout he built environment.

Standards for Foodstuffs

Since Brexit, the European Food Safety Authority (EFSA) no longer provides the scientific research that is the basis for food safety regulations in the UK. Instead the following organizations are responsible for regulations concerning food safety:

• In GB — Department for Environment, Food, and Rural Affairs (Defra)
• In Wales and Northern Ireland — Food Standards Agency (FSA) 
• In Scotland — Food Standards Scotland (FSS)

Codex Alimentarius

Codex Alimentarius is a collection of standards, guidelines, and codes of practice related to the international trade of food and agricultural products adopted by the Codex Alimentarius Commission (CAC). The CAC was established by the Food and Agriculture Organization of the United Nations (FAO) and World Health Organization (WHO) to protect consumer health and promote fair practices in food trade. The 188 Codex members have negotiated science based recommendations in all areas related to food safety and quality. Codex standards are voluntary and not legally binding. They aim to ensure safety, quality, and fairness in international food trade and protect consumers. The UK's foods standards generally go above and beyond the Codex standards. 

EU Food Law Package

The EU regulations applicable to food safety are known collectively as the EU Food Law. It introduces general principles for food production, such as traceability, risk analysis, and a precautionary approach. The legislation also establishes responsibilities and requirements for food business operators. The Food Information to Consumers (FIC) Regulation 1169/2011 brings together EU rules on general food labelling and nutrition labelling into one piece of legislation. After Brexit, the UK implemented a retained version of Regulation 1169/2011 that applies to food businesses in GB. In Northern Ireland, the EU food law, which includes FIC Regulation 1169/2011, continues to apply.

Labeling 

Country of Origin Labeling

EU legislation requires that either "UK" or "non-EU" labeling be carried on products sold within Europe as of January 1, 2021. Operators in the UK can continue to list the source as "EU" until September 30, 2022. 

Labeling of Foodstuffs

All prepacked food requires a food label that displays certain mandatory information. All food is subject to general food labelling requirements and any labelling provided must be accurate and not misleading. The Food Information Regulations 2014 (FIR 2014) enforce provisions of EU law that ensure food labels are an honest representation of food and provide consistency for the industry and consumers.

In the UK food labels must give the legal name of the food being marketed. Some foods have reserved descriptions that can only be used if the food has a certain composition (e.g., a product labelled "beef burger" must contain at least 62 percent beef, and an "economy beef burger" must contain at least 47 percent beef). These food compositional standards generally apply to foods that consumers expect to be of a certain quality and are at risk of being substituted for lower quality alternatives. 

Some foods that have a reserved description include:

• Bottled water
• Bread and flour
• Cocoa and chocolate products
• Fats and oils
• Fish
• Fruit juices and nectars
• Honey
• Jams and similar products
• Products containing meat
• Milk and milk products
• Soluble coffee and chicory extracts
• Specified sugar products such as sucrose or glucose syrups

The labeling of foodstuffs must not mislead the consumer as to the foodstuff's characteristics or effects, or attribute to a foodstuff (except for products intended for special diets, which are covered by specific provisions) properties for the prevention, treatment or cure of a human illness.

Labeling of foodstuffs must include, at minimum, the following information:

• Name under which the product is sold
• List of ingredients, which are listed in descending order of weight and designated by their specific name
  • Under certain conditions, the listing of ingredients is not required for:
    • Fresh fruit and vegetables
    • Carbonated water
    • Fermentation vinegars
    • Cheese, butter, fermented milk and cream
    • Products comprising a single ingredient, where the trade name is identical with the ingredient name, or the trade name enables the nature of the ingredient to be clearly identified
  • Certain additives and enzymes are not considered as ingredients; this relates to those which are used as processing aids or those contained in an ingredient, which serve no technological function in the finished product
• Quantity of ingredients or categories of ingredients expressed as a percentage
• Net quantity expressed in units of volume in the case of liquids and units of mass in the case of other products. However, there are specific provisions for foodstuffs sold by number and solid foodstuffs presented in a liquid medium
• Date of minimum durability (the day, month and year)
  • For foodstuffs that will not keep longer than three months, the day and month are sufficient. For foodstuffs that will not keep for more than 18 months, the month and year are sufficient. For foodstuffs that will keep for more than 18 months, the year is sufficient.
  • The date shall be preceded by the words: "Best before" when the date includes an indication of the day or "Best before" in other cases.
  • The date of durability is not required for the following products:
    • Untreated fresh fruits and vegetables
    • Wines and beverages containing 10 percent or more by volume of alcohol,
    • Non-alcoholic soft drinks
    • Fruit juices and alcoholic beverages in individual containers of more than five liters, intended for supply to mass caterers
    • Bakers' or pastry cooks' wares which are normally consumed within 24 hours of their manufacture
    • Vinegar
    • Cooking salt
    • Solid sugar
    • Confectionery products consisting almost solely of flavored and/or colored sugars
    • Chewing gums and similar chewing products
    • Individual portions of ice cream
  • In the case of foodstuffs which are highly perishable, the date of minimum durability shall be replaced by the "use by" date
• Any special storage conditions or conditions of use
• The name or business name and address of the manufacturer or packager, or of a seller established within the UK
• The place of origin or provenance where failure to give such particulars might mislead the consumer
• Instructions for use
• The acquired alcoholic strength of beverages containing more than 1.2 percent by volume of alcohol

Genetically Modified Organisms (GMO) Food Labeling

Food containing Genetically Modified Organisms (GMO) in excess of 0.9 percent of its ingredients must be labeled as such. Prepackaged foods that exceed that threshold must indicate in the list of ingredients "genetically modified" or "produced from genetically modified [name of the organism]." Products without packaging must have a label in close proximity to the product, i.e. on the supermarket shelf.

Labeling of Organic Products

Products sold in the EU as organic must bear the EU organic logo and conform to all standards represented by its use. It is mandatory for prepackaged organic food produced in the EU, and voluntary for other food produced in the EU or any food produced outside the EU. Processed food products must include 95 percent organic ingredients in order to qualify. When the organic logo is used, it must be accompanied by the code number of the control body, and where the agricultural ingredients were farmed ("EU" or "non-EU"). Standards and labeling requirements set by member states may still apply.

Including the EU organic logo on Great Britain domestic regulations organic food or feed is optional. If used, the organic product must meet the EU organic labelling requirements and include an EU statement of agricultural origin ("EU" or "Non-EU Agriculture"). If the EU organic logo is used for Great Britain domestic regulations exports to the EU, an EU statement of agricultural origin ("EU" or "Non-EU Agriculture") must be included as well as a UK statement of agriculture.

Additional information on the UK's organic food labeling is available at www.gov.uk/guidance/organic-food-labelling-rules.

Nutritional Labeling

Nutritional labeling refers to labels that state the energy value of a product or certain nutrients contained in the product, including proteins, carbohydrates, fats, fibers, sodium, and vitamins and minerals. 

Labeling must include, at minimum, the energy value of the product, and the amounts of protein, carbohydrate, and fat in the product. In addition to the vitamin and/or mineral content in absolute figures, the content in percentage of the recommended daily dosage must be indicated on the label. Energy value is determined using conversion factors set forth by the UK. 

Nutritional labeling is compulsory if a nutritional claim appears on the label, in presentation, or in advertising, with the exclusion of generic advertising. The only nutrition claims permitted are those relating to energy values and to the following nutrients:

• Protein
• Carbohydrate
• Fat
• Fiber
• Sodium
• Vitamins

Claims, such as "light" are permitted on drinks under certain conditions (significant calorie reduction).

Quantitative Ingredients Declaration (QUID)

Product labels must include a Quantitative Ingredients Declaration (QUID) if the ingredient or category of ingredients:

• Appears in the name under which the foodstuff is sold (e.g., for strawberry ice cream, a QUID for strawberries must be provided)
• Is usually associated with the name of the product by the consumer (e.g., for goulash soup, a QUID for beef must be provided)
• Is emphasized on the labeling in words ("made with butter"), pictures (e.g., a representation of a cow to emphasize dairy ingredients), or graphics (different size, color, and/or style of print)
• Is essential to characterize a foodstuff and to distinguish it from similar products

The QUID declaration must be indicated in, or immediately next to, the name under which the product is sold, unless a list of ingredients is indicated on the label. The quantity of the ingredient, expressed as a percentage, must correspond to the quantity of the ingredient (s) actually used in the preparation of the product.

The QUID requirement does not apply to constituents naturally present in the foodstuff that are not added as ingredients (such as caffeine in coffee and vitamins and minerals in fruit juices).

Wine Labeling

The following must appear on a label in a single field of vision (i.e., can be viewed without having to turn the bottle), except for the importer's details, the lot number and allergenic ingredients:

• Wine of "(Insert Country Name)"
• Actual alcoholic strength
• Nominal volume
• Lot Number
• Importer details (must include name of importer, local administrative area, and member state) preceded by the word(s) "Importer" or "Imported by"
• Allergenic ingredients(i.e., if wine contains sulfites)

More information on labeling is available online at www.gov.uk/guidance/food-standards-labelling-durability-and-composition and www.food.gov.uk/business-guidance/packaging-and-labelling.

Packaging

Food Contact Materials

Food contact materials are broadly defined as any materials and articles intended to come into contact with food. This can include packaging and containers, kitchen equipment, cutlery, and dishes. Materials can include plastic, rubber, paper, and metal. Materials are evaluated as to their potential to transfer to food, changing the composition of the food or adversely affecting the taste and odor of food.

Note: The above information is subject to change. Importers and exporters are advised to obtain the most current information from a customs broker, freight forwarder, or the local customs authorities.

Sources: Her Majesty’s Revenue and Customs or HMRC (www.gov.uk/government/organisations/hm-revenue-customs/services-information)

Article written for World Trade Press by Brielle Burt, Jennifer Goheen, and Nina Bellucci.
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