Changes to the list of foodstuffs exempt from veterinary checks

Changes to the law mean that many products previously exempt from veterinary checks will now need to meet new import conditions.

These changes apply to consignments arriving from the 1 January 2017.

Find out what has changed and make sure that your imports are compliant to avoid costly delays and losses.

What has changed?

Commission Decision 2007/275 (the Decision) sets out the products that are subject to veterinary checks at the BIP. The principle is that all products of animal origin are subject to veterinary checks, unless they are specifically exempted because they meet all of the requirements of Article 6. Composite products listed in Annex II, which have any dairy content must meet the requirements of Article 6(2).

Annex II has recently been replaced by Commission Implementing Decision 2016/1196. These changes apply to consignments arriving from the 1 January 2017.

Which Products are affected?

To see a full list of the changes read Defra’s summary in OVS note 2016/20

The following imports are of particular concern, check to see if your imports will be affected.

Meat extracts and meat concentrates, meat powders and products containing them, such as noodles and stock cubes

Meat extracts and meat concentrates are included alongside meat powders as a meat product. To be imported, the meat products certification and import requirements apply.

If you import food containing meat extracts, concentrates or powders, you must apply to APHA (Animal and Plant Health Agency) for an import authorisation. Such an authorisation, if issued, may lay down import conditions which have to be met before the product can be imported.

Note that this includes instant noodle-type products which frequently include small amounts of meat extracts, either mixed in with the noodles or in separate sachets

Action:- Check that your products meet the requirements for meat products or apply for an import authorisation from APHA.

Empty gelatine capsules

Empty gelatine capsules (where the gelatine is sourced from animals) will now be subject to checks.

Import Conditions – the import conditions depend on the raw material species. Defra general authorisations set out the import conditions to be met.

DEFRA Authorisation IMP/GEN/2016/09 – applies to imports of empty gelatine capsules of bovine, ovine or caprine origin – Empty Gelatine capsules (bovine, ovine, caprine)

DEFRA Authorisation IMP/GEN/2016/10 – applies to imports of empty gelatine capsules of any other animal origin including fish and porcine – Empty Gelatine Capsules (fish, porcine)

Filled gelatine capsules

Filled gelatine capsules subject to veterinary checks

Import Conditions – The normal POAO import conditions apply plus there are additional conditions in the Defra General Authorisations which need to be met.

DEFRA Authorisation IMP/GEN/2016/07 – applies to imports of filled gelatine capsules of bovine, ovine or caprine origin – Filled Capsules – CVED required (bovine, ovine, caprine)

DEFRA Authorisation IMP/GEN/2016/08 – applies to imports of filled gelatine capsules of any other animal origin including fish and porcine – Filled Capsules – CVED required (fish, porcine)

Filled gelatine capsules not subject to veterinary checks

This applies to products such as food supplements with <20% total animal product content (excluding meat product)

Import Conditions – you need to comply with the relevant Defra General Authorisation

DEFRA Authorisation IMP/GEN/2016/11 – applies to imports of filled gelatine capsules of bovine, ovine or caprine origin – Filled Capsules – no CVED required (bovine, ovine, caprine)

DEFRA Authorisation IMP/GEN/2016/12 – applies to imports of filled gelatine capsules of any other animal origin including fish and porcine – Filled Capsules – no CVED required (fish, porcine)

Other food supplements/additives

Organic compounds of animal origin including some amino acids are now subject to veterinary checks. Creatine, cysteine and cystine are mentioned in particular.

Action –

Check the list set out in (the amended) Chapter 29
If you are importing cysteine, cystine, leucine, glutamic acid and glycine manufactured from material of animal origin, and the product is intended for human consumption the requirements for highly refined products must be met.
Otherwise you will need to contact APHA to find out the import conditions for any other regulated products.

Food supplements packaged for the final consumer, containing small amounts (in total less than 20%) of processed animal products other than meat products will continue to be exempt from veterinary checks. However any animal product content should be EU compliant.

Food supplements in retail packs containing glucosamine, chondroitin, chitosan and similar products

Are not exempt from veterinary checks unless the total animal product content (including any animal product in the capsule) is less than 20%. These products will need to be accompanied by the health certificate for highly-refined products laid down in Commission Implementing Regulation (EU) 2016/759

Alcoholic beverages

Alcoholic beverages containing products of animal origin, e.g. egg or cream, are likely to be composite products. Find out more about the import requirements for composite products.

For those products outside veterinary checks, it is still a requirement for any dairy or egg content to come from a country with an approved residue plan for the egg or dairy content.

Comparing the changes to Annex II list of products exempted from veterinary checks

The old and new versions of Annex II are shown below. Note how the new version identifies products by CN Code as well as clarifying the extent of the exemption.

** i.e. have undergone a complete cooking or heat treatment process throughout their substance, so that any raw product is denatured see Article 6(1)(a)(i) of Decision 2007/275/EC.

Current Exemptions – Decision 2007/275 – applies until end of 2016	New Exemptions – text as amended by Commission Implementing Decision 2016/1196 – Applies from 1st January 2017
	CN Codes	Explanation
Biscuits Bread Cakes	1905 10, 1905 20, 1905 31, 1905 32, 1905 40, 1905 40 10, 1905 90 10, 1905 90 20, 1905 90 30, 1905 90 45, 1905 90 55, 1905 90 60, ex 1905 90 90	Bread, cakes, biscuits, waffles and wafers, rusks, toasted bread and similar toasted products; containing less than 20 % of processed dairy and egg products and is shelf stable or fully cooked ** 1905 90 covers only dry and brittle products.
Chocolate Confectionery (including sweets)	1704, 1806 20, 1806 31, 1806 32, 1806 90 11, 1806 90 19, 1806 90 31, 1806 90 39, 1806 90 50	Confectionery (including sweets) and chocolate, containing less than 50 % of processed dairy and egg products and is shelf stable or fully cooked **
Unfilled Gelatine Capsules
Food supplements packaged for the final consumer, containing small amounts of animal product, and those including glucosamine, chondroitin, or chitosan.	ex 2106 10, ex 2106 90	Food supplements packaged for the final consumer, containing small amounts (in total less than 20 %) of processed animal products (including glucosamine, chondroitin and/or chitosan) other than meat products.’
Meat extracts and meat concentrates
Olives stuffed with fish	ex 2001 90 65, ex 2005 70 00 ex 1604	Olives stuffed with less than 20 % fish Olives stuffed with more than 20 % fish
Pasta and noodles not mixed or filled with meat product	1902 19, 1902 30, 1902 40	Pasta and noodles not mixed or filled with processed meat product; containing less than 50 % of processed dairy and egg products and is shelf stable or fully cooked **
Soup stocks and flavourings packaged for the final consumer, containing meat extracts, meat concentrates, animal fats, or fish oils, powders or extracts	ex 2104 10 and ex 2104 20	Soup stocks and flavourings packaged for the final consumer, containing less than 50 % of fish oils, fish powders or fish extracts and is a shelf stable or fully cooked **