Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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FSA Consultation, 13 July 2022
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FSA Consultation: Removal of the requirement to use the ‘Do Not Eat’ pictograph on active and intelligent food contact materials A copy of the consultation document is available on this site (click on image). Provided under the Open Government Licence. The original document was accessed from: |
The consultation closes on 10 August 2022. For more details see the FSA Consultation page. The following are extracts from the opening sections of the consultation document:
This consultation will be of most interest to
This consultation will be of most interest to the food and packaging industries, particularly those involved in the national production and use of active or intelligent materials and articles that are intended, or reasonably expected, to come into contact with food. It will also be of interest to consumers.
Consultation subject
This concerns the ‘Do Not Eat’ pictograph on active or intelligent articles placed onto the Great Britain (GB) market. EU Law relating to food contact materials continues to apply in Northern Ireland, and under the current terms of the Protocol on Ireland/Northern Ireland (NIP), products placed on the Northern Ireland market will continue to use the EU ‘Do Not Eat’ pictograph.
Purpose of the consultation
The FSA is proposing to remove the requirement to use the ‘Do Not Eat’ pictograph on articles being placed on to the GB market. This consultation is seeking stakeholders views on the proposed policy change in relation to the requirements for the ‘Do Not Eat’ pictograph for active or intelligent materials and articles onto the GB market.
Details of consultation
Following the UK’s exit from the EU and pending a final response from the European Commission (see below), the legislative requirement for the application of the ‘Do Not Eat’ pictograph to active or intelligent materials and articles placed on to the GB market is not appropriate if the EU confirms that it has ownership of the copyright of the pictograph. Accordingly, where the EU has copyright of the pictograph or is the pictograph holder, it is proposed that the GB requirement to include it (where it is technically possible) should be removed. This would be solely applicable for GB-based businesses producing active and intelligent materials for the GB market. The current mandatory requirement of applying the wording of ‘DO NOT EAT’ to relevant materials and articles will continue to apply.
Please note that this proposed amendment remains provisional whilst we obtain a definitive view from the European Commission.
Active or intelligent materials and articles produced for the Northern Ireland or EU market would need to continue to adhere to EU requirements, which will be to apply the ‘Do Not Eat’ pictograph where it is technically possible. In accordance with current EU requirements this would also be accompanied by the mandatory wording of ‘DO NOT EAT’.
Northern Ireland-based businesses that are lawfully placing goods on to the Northern Ireland market in accordance with EU requirements will still be permitted to place onto the GB market as per the requirements.
It is important to note that this consultation does not concern all food contact materials, only those that are active or intelligent. Some examples include oxygen scavengers and moisture absorbers that are inserted into packs of food. Further details can be obtained under the relevant legislation section.
