Marketing standards
European Union marketing standards for agri-food products establish definitions, minimum product standards, production methods, sales descriptions, product categories and labelling requirements. They apply at all stages of the marketing chain and are intended to protect consumers and to facilitate the trade of applicable goods on the single market.
Products subject to marketing standards regulations include fruit and vegetables, hops, wine, beef and veal, eggs in shell, hatching eggs and chicks, olive oil, poultrymeat and milk and spreadable fats.
Under the Northern Ireland Protocol (NIP), EU food law, including marketing standards, continues to apply to all food produced and marketed in Northern Ireland. These marketing standards (MS) are set out primarily in Regulation (EU) No 1308/2013, commonly referred to as the Common Market Organisation Regulation, and associated delegated and implementing regulations.
DAERA is responsible for marketing standards in Northern Ireland, except for milk and spreadable fats, which are the responsibility of the Food Standards Agency in Northern Ireland.
As GB is considered a third country by the EU, Northern Ireland is required to apply Marketing Standards checks at NI Points of Entry (POEs) as set out in the Compliance Protocol.
From 1 January 2021, these checks have been delivered in a way that enables goods and products to move as seamlessly as possible through NI PoEs, avoiding any unnecessary delay.
Marketing standards in Northern Ireland under the Northern Ireland Protocol
Under the NI Protocol, EU food law, including marketing standards, continues to apply to all food produced and marketed in Northern Ireland.
Movement of products subject to marketing standards under the Northern Ireland Protocol:
There are no changes to marketing standards requirements for products moving from Northern Ireland to GB.
There are no changes to marketing standards requirements for products moving from Northern Ireland to the EU, and vice versa.
Agri-food products moving from GB to NI must continue to meet EU marketing standards regulations and may be subject to new certification or checking requirements at the point of entry.
You can find guidance for individual commodities subject to marketing standards via the gov.uk links below:
hatching eggs and chicks
beef and veal
hops and hops products
Further Information on regulations and changes under the Northern Ireland Protocol
Information and advice on moving goods under the Northern Ireland Protocol, including how to register for the Government's Trader Support Service, is available here:
https://www.gov.uk/government/publications/moving-goods-under-the-northern-ireland-protocol
Product marking, labelling and packaging information:
Marking, labelling and marketing standards for imports and exports - GOV.UK (www.gov.uk)
Food Standards Agency guidance on the health and identification marks that must now be applied to food products of animal origin (POAO):
https://www.food.gov.uk/business-guidance/guidance-on-health-and-identification-marks-that-applies-from-1-january-2021
Poultrymeat
Sale of defrosted poultrymeat during December 2022
Following the recent outbreak of avian influenza in Great Britain (GB), the Department for Environment, Food and Rural Affairs (Defra) and their counterparts the Welsh devolved Government have announced a period of pragmatic enforcement relating to the sale of defrosted poultrymeat for seasonal poultry products. In practical terms, this means that, subject to certain conditions, poultrymeat producers in England and Wales will be permitted to slaughter and freeze some types of poultry so that it can be defrosted and sold again for a time limited period between 28 November and 31 December 2022, in accordance with the conditions described in the English and Welsh announcements.
The Scottish Government is considering the issue and will announce its decision in due course.
The English and Welsh announcements are available here:
https://www.gov.uk/government/news/new-package-of-measures-announced-to-support-poultry-industry-with-bird-flu
https://gov.wales/marketing-sale-previously-frozen-seasonal-poultry-products-guidance-producers-and-retailers-html
The approach adopted by England and Wales applies only to whole birds or crown of turkey, duck and goose, capons, and 2-3-bird roasts, as well as stuffed whole and crown of turkey, goose and duck. No other poultry products such as chicken or processed products are included.
Under the Northern Ireland Protocol, EU regulations that prohibit the sale of defrosted poultry-meat continue to apply in Northern Ireland (EU Regulations 1308/2013 and 543/2008). In practical terms, this means that Northern Ireland poultry-meat producers cannot legally sell poultry-meat that has been frozen and defrosted in Northern Ireland. However, any such NI produced poultry-meat will be permitted to be sold in England and Wales, assuming the conditions outlined by the relevant authorities in GB have been met.
For further information on poultrymeat marketing standards please see Poultry meat marketing standards - GOV.UK (www.gov.uk).
Requirements for hops importers under the NI Protocol:
Under the NI Protocol and EU hops legislation (Reg EC 1295/2008), GB origin hops and hops products moving from GB to NI must comply with EU third country import requirements. Each consignment must be accompanied by an EU Attestation of Equivalence (AoE) issued by the Rural Payments Agency (RPA). Traders must register with the RPA to apply for an EU Attestation of Equivalence. Link below:
Gov.uk - Rural Payments service: registering and updating your details(external link opens in a new window / tab)
Under EU agri-food law, DAERA has obligations relating to checks on imports of goods from GB (third country) in relation to marketing standards checks and documentation.
The GB trader is required to attach the original AoE and two copies to the consignment for shipping and include a copy of the AoE with the consignment's pre-notified electronic documentation.
HMRC check at the point of entry in Northern Ireland to ensure that consignments are accompanied by an electronic copy of the AoE, prior to its release into free circulation. Once they receive the consignment, the NI importer is required to forward the original AoE and two copies to HMRC. HMRC then send an endorsed copy of the AoE to DAERA and returns a copy to the importer.
It should be noted that, as EU Regulation 1295/2008 requires that the AoE is completed by an authorised agency in the third country of origin of the hops, the RPA can only issue AoEs for hops or hops products that are grown or processed in GB. The RPA cannot issue AoEs for hops or hops products originating from the EU or third countries. As a result, EU or third country hops and hops products imported into GB cannot currently be re-exported to NI. Should this position change, this page will be updated accordingly.
For up-to-date guidance please see:
Hops and hop products marketing standards - GOV.UK (www.gov.uk)
Definition of hops and hops products
Under the Ireland/Northern Ireland Protocol, food placed on the market in Northern Ireland must continue to comply with EU food law. Food sent from Great Britain to NI must comply with EU import requirements.
EU Regulation No. 1308/2013(external link opens in a new window / tab), which establishes a common organisation of the European Union markets for agricultural products, and EU Regulation No. 1295/2008(external link opens in a new window / tab), concerning the importation of hops from third countries, are included in Annex 2 (Para 31) of the Protocol. Therefore, EU law relating to marketing standards for hops applies in Northern Ireland.
EU Regulation No 1308/2013 outlines the definition concerning the hops sector. Part VI of Annex 1 of Regulation (EU) 1308/2013 states that the hops sector covers the following products - "hop cones, fresh or dried, whether or not ground, powdered or in the form of pellets; lupulin", and "vegetable saps and extracts of hops". Specifically, CN product codes: 1210 and 1302 13 00 respectively. Part III of Annex 2 of Regulation (EU) 1308/2013 further defines hops and hops products as follows:
"Hops" means the dried inflorescences, also known as cones, of the (female) climbing hop plant (Humulus lupulus); these inflorescences, which are greenish yellow and of an ovoid shape, have a flower stalk and their longest dimension generally varies from 2 to 5 cm.
"Hop powder" means the product obtained by milling the hops, containing all the natural elements thereof.
"Hop powder with higher lupulin content" means the product obtained by milling the hops after mechanical removal of a part of the leaves, stalks, bracts and rachides.
"Extract of hops" means the concentrated products obtained by the action of a solvent on the hops or on the hop powder.
"Mixed hop products" means a mixture of two or more of the products referred to in points 1 to 4.
Stamps for eggs exported to the EU and Rest Of World (ROW) from both GB and NI under the NI Protocol
Regulation EC 589/2008
Under the Ireland /Northern Ireland Protocol, food placed on the market in Northern Ireland must continue to comply with EU food law. Food from Great Britain to NI is considered a third country import into the EU. Under EU agri-food law, DAERA has obligations relating to checks on imports of goods from GB (third country) in relation to marketing standards checks.
Marketing Standards legislation (EC 1308/2013) is included in Annex II of the Protocol.
The existing distinguishing numeric code formulation used for the marking of eggs, packs of eggs and hatching eggs to identify NI producer and packing centre for table eggs and hatching eggs is compliant with Article 7(2) of the Northern Ireland Protocol, and can continue to be used following the end of the transition period, (E.g. 1/2/3 – egg type/ UK9/ XXX establishment number). The producer code, UK9, issued to NI establishments is the numeric reference to Northern Ireland which satisfies the criteria laid down in Article 7(2) of the NI Protocol, therefore no changes are required to the current stamps.
Eggs exported from NI – EU and ROW
There is no change to the marketing standards requirements for exporting eggs to the EU from Northern Ireland after the end of the transition period.
Eggs exported GB – EU and ROW
The UK Government has issued guidance on this point. If you export eggs from GB to the EU you should ensure that you comply with the third country import requirements(external link opens in a new window / tab) in the EU marketing standards regulations.
For further information please see Egg marketing standards - GOV.UK (www.gov.uk).
Egg packing stations under the NI Protocol
Under the Ireland /Northern Ireland Protocol, food placed on the market in Northern Ireland (NI) must continue to comply with EU food law. Food from Great Britain (GB) to NI is considered a third country import into the EU. Under EU agri-food law, DAERA has obligations relating to checks on imports of goods from GB (third country) in relation to marketing standards checks.
The existing distinguishing numeric code formulation used for the marking of eggs, packs of eggs and hatching eggs to identify NI producer and packing centre for table eggs and hatching eggs is compliant with Article 7(2) of the Northern Ireland Protocol and can continue to be used (E.g. 1/2/3 – egg type/ UK9/ XXX establishment number). The producer code, UK9, issued to NI establishments is the numeric reference to Northern Ireland which satisfies the criteria laid down in Article 7(2) of the NI Protocol therefore no changes are required to the current stamps.
Regarding the packing code, the existing references meet the requirements under article 5(2) of Regulation EC 589/2008, therefore no changes are required.
There is no change to the marketing standards requirements for exporting eggs to the EU from Northern Ireland.
Marketing standards 'Certificates of Conformity' (CoCs)
Under EU legislation, DAERA applies a risk-based approach to controls on fruit and vegetables from Great Britain at points of entry in Northern Ireland. In line with the very low risk posed by GB goods, there is currently no requirement for consignments to be accompanied by a CoC, but DAERA is monitoring the position closely. If any fruit and vegetable products are later deemed to be high risk, GB-based traders should request Defra to provide a CoC to accompany the consignment. This guidance will be updated if the position changes.
For further information please see Importing and exporting fresh fruit and vegetables - GOV.UK (www.gov.uk).
DAERA marketing standards contact
You can contact the DAERA marketing standards team via the email address below:
Marketing.standards@daera-ni.gov.uk