Food law | UK Regulatory Outlook January 2026

UK

Developments in the UK-EU SPS agreement

The EU-UK Sanitary and Phytosanitary (SPS) agreement aims to reduce the burden of trading agricultural products between the EU and the UK by aligning sanitary and phytosanitary rules. An SPS agreement would align Great Britain's sanitary and phytosanitary standards with those of the EU, removing the need for most certificates and checks on animals, plants and related products moving between Great Britain and the EU.

This agreement is particularly important for food businesses: since Brexit, exports to the EU are down 21% and imports down 7% (2018-2024), with many businesses having scaled back or stopped trading altogether due to increased costs, paperwork and delays at borders.

Following agreement between the EU and UK, at the May 2025 summit, that each party would work to agree a new SPS agreement, on 13 November, the European Council authorised the Commission to open negotiations with the UK. 2026 will be a crucial year for negotiations of this agreement, with the UK cabinet office minister wanting the agreement to be in place for 2027.

The key issues to be worked out include how much the UK should pay for participation in EU programmes and the EU's concerns around unsatisfactory implementation of checks of goods to Northern Ireland by the UK. Once an agreement is in place, the UK will be required to dynamically align to EU regulations in relation to food safety standards. The effect this would have on the newly in force UK precision breeding regulations (discussed further below) are not currently known.

If an SPS agreement is concluded, food businesses can expect significant cost savings and simplified trade with the EU.

In its explainer document following the UK-EU summit, the UK government has stated its proposals for the agreement, including:

• simpler documentation, with most certificates such as export health certificates, plant health certificates and organic certification no longer being required;
• routine border checks to stop, allowing fresh produce to reach market faster; and
• previously banned British products such as fresh sausages, certain shellfish and seed potatoes to regain EU market access.

These proposals will need to be negotiated and agreed with the EU. Should an agreement between the UK and EU be reached, businesses will need to align with both current and future EU food safety standards, requiring ongoing monitoring of EU regulatory changes.

Windsor Framework Committee reports progress on SPS implementation in NI

The Specialised Committee on the Implementation of the Windsor Framework met on 3 December 2025, with co-chairs noting further progress in several areas while emphasising that important work remains to deliver safeguards underpinning flexibilities for goods movement between Great Britain and Northern Ireland.

In the sanitary and phytosanitary area, the committee noted positive progress on individual labelling requirements, operational delivery of all SPS inspection facilities, and provision of information in general SPS certificates. Significantly, the frequency of SPS identity checks has been reduced from 10% to 8%, leading to smoother flow for agri-foods under the Northern Ireland Retail Movement Scheme. The co-chairs agreed that progress should continue at high pace on all pending issues, particularly achieving full compliance of certificates and ensuring flexibilities are applied for compliant goods only.

Precision breeding in England and the EU

With the UK Genetic Technology (Precision Breeding) Regulations 2025, which came into force on 13 November, businesses in England are now able to grow and release precision-bred crops. Where these crops are being released for research and development purposes, a "release notice" must be submitted and where the business plans to market these crops, a "marketing notice" must be submitted.

In the EU, the European Parliament and Council have now reached a provisional agreement on a new regulation for gene-edited plants. See this Insight for more detail on the proposals and the differences between the proposed EU legislation and UK legislation.

The provisional agreement will now need to be officially endorsed by the Council and Parliament before being published, expected in 2026, with the regulation starting to apply in 2028.

While businesses are now able to take advantage of the relaxed regulatory requirements in the UK, those looking to operate in the EU will need to continue to follow progress there.

National food regulation system to be introduced by the FSA

The UK's Food Standards Agency (FSA) has released a following the budget announcement, confirming that it has been asked by the government to develop a new national level food regulation system for large food businesses in England. The FSA will present its proposals to its board in March 2026 as part of a wider programme of reform to ensure food regulation remains effective and fit for the future.

This follows a year-long trial with major retailers. It will be a fundamental shift away from inspections by local enforcement officers to a national system using data generated by these large companies to enable the FSA to scrutinise their data and systems at a national level, to identify and address food safety risks across entire businesses more quickly and reduce administrative burdens. FSA chief executive Katie Pettifer has emphasised that protecting public health must remain at the heart of everything the FSA does and that any changes should benefit consumers.

This new national system will include "some checks on the ground" but would free up local authority food teams to concentrate on smaller local shops and restaurants that need more direct support. The FSA Board has confirmed it will work in partnership with local authorities and businesses throughout this process. Although concerns have already been raised that this new system will allow supermarkets to police themselves and could jeopardise food safety for consumers, the Chartered Institute for Environmental Health has welcomed the announcement and the FSA's commitment to full engagement with stakeholders.

Cell cultivated products - FSA sandbox programme progresses

Last month, the FSA and Food Standards Scotland published the UK's first safety guidance for cell-cultivated products as part of their £1.6 million regulatory sandbox programme, which runs from February 2025 to February 2027.

The first guidance confirms that cell-cultivated products produced using animal cells are defined as products of animal origin, meaning businesses must apply existing food safety regulations during production. The second provides guidance on allergenicity assessments and nutritional quality evaluation as part of the approval process.

Further guidance on cell identity, production, microbiology, toxicology and growth media composition is under way and will be published throughout 2026 with the FSA scheduling workshops throughout 2026 covering hygiene, production, labelling, toxicological considerations and growth media and regulatory approval. The FSA is committed to completing full safety assessments of two cell-cultivated products within the programme's two-year timeframe and has launched a Business Support Service to assist all companies wishing to submit applications for cell-cultivated products to the GB market, offering both pre- and post-submission support.

Businesses in this sector should review the new guidance and continue to monitor forthcoming guidance, which will help inform and support their product development.

UK to launch mandatory health reporting consultation

The government will launch a UK-wide consultation in March 2026 on plans for mandatory health reporting across all major food companies, with any resulting legislation not coming into force until at least 2029.

Ministers are working with the devolved governments in Scotland, Wales and Northern Ireland on the "world first" proposals, while separate plans for mandatory targets for the industry are to be delayed until the next Parliament. Businesses should review the consultation when published to decide if they wish to respond.

The government also confirmed it will publish its response to the 2018 nutrient profiling model (NPM) review in the new year, followed by a consultation on plans to "modernise" the system. The food industry has warned of a "disaster" if the new NPM comes into force as proposed, with the Food and Drink Federation claiming hundreds of reformulated products would be forced off the shelves, as cereals, fruit juices, yoghurts and smoothies all face being rebranded as high in fat, salt or sugar (HFSS) despite manufacturers having spent hundreds of millions making them healthier. Businesses should monitor developments in this area. If a new NPM is introduced, they will need to review and audit their products to determine whether they fall within the scope of an HFSS under the new model.

Advertising restrictions on HFSS food come into force

See Advertising and Marketing section.

EU

PFAS restrictions in food contact materials from August 2026

From 12 August 2026, under the EU Packaging and Packaging Waste Regulation, food contact packaging will be banned if it contains PFAS at or above: 25 parts per billion for any PFAS, 250 parts per billion for sum of PFAS, or 50 parts per million for PFAS including polymeric PFAS.

By 31 December 2026, the European Commission, assisted by the European Chemicals Agency (ECHA), will prepare a report on the presence of substances of concern in packaging and packaging components to determine the extent to which they negatively affect reuse and recycling or impact chemical safety, with the report to be submitted to the co-legislators and consider appropriate follow-up measures.

Businesses should consider obtaining PFAS testing information from suppliers, if PFAS is detected, they may need to explore alternative materials. While the PFAS ban in August 2026 only affects food contact packaging, the ECHA has proposed a ban on more than 10,000 PFAS substances for all consumer goods. This proposal is currently under review by the Committee for Risk Assessment and the Committee for Socio-Economic Analysis, who are due to issue their opinions to the European Commission by the end of 2026.

Ban of Bisphenol A in food contact materials to come into effect

As reported last year, the ban on Bisphenol A (BPA) in food contact materials will come into effect on 20 July 2026. The ban means that food contact materials, such as reusable plastic drink bottles and coatings on metal cans, cannot contain BPA, with some limited exceptions where no alternatives exist, to allow industry time to adapt and avoid disruption in the food chain.

Businesses should ensure they have identified a safe alternative to replace BPA in food contact materials and articles in advance of 20 July to ensure compliance with these changes.

EU Food and Feed Safety Simplification Package

The European Commission has proposed a package to streamline EU food and feed safety legislation, with claimed potential savings exceeding €1 billion in administrative and compliance costs. The package simplifies rules across plant protection products, biocidal products, feed, official controls, and animal health and welfare, while maintaining the EU's strict food safety, health and environmental protection standards.

Key changes affecting businesses:

• Accelerated bio-pesticide approvals: Faster market access for environmentally friendly plant protection products, expanding farmers' options for crop protection.
• Streamlined renewal procedures: More efficient processes for pesticide and biocide renewals, reducing waiting times and administrative burden.
• Feed additives: Simplified renewal obligations and digitalised labelling requirements, cutting paperwork.
• Fermentation products: Facilitated market access for this growing product category.
• Simplified border controls: More pragmatic approach to border controls for plant products.
• Laboratory accreditation: Simplified rules for official laboratories.
• Updated BSE requirements: Science-based adaptations to bovine spongiform encephalopathy surveillance and risk mitigation measures.
• Level playing field: Work towards aligning import production standards on pesticide residues to ensure fair competition.

The legislative proposals have now been submitted to the European Parliament and Council for adoption. Throughout 2026, businesses should monitor progress through the EU legislative process, as this will determine implementation timelines.

This package forms part of the Commission's Vision for Agriculture and Food and contributes to the broader goal of reducing administrative burdens by at least 25% (35% for SMEs) before the end of the current mandate. Food and feed businesses – particularly those in farming, pesticides, biocides, and feed production – should prepare to adapt to the new simplified procedures once adopted.

MEPs signal openness to regulating energy drinks for minors

MEPs signalled openness to EU-level regulation of energy drinks for minors during a Food Safety Committee hearing on 4 December 2025, citing health risks including cardiovascular diseases, diabetes, anxiety and sleep disorders. Regulations across Europe remain patchy, with nine Member States enforcing age limits and two planning similar measures.

Experts reported that high consumers drink at least seven litres monthly – equivalent to 35 espressos plus one kilogram of sugar – far exceeding the 150mg daily caffeine limit recommended for a 50kg child. Industry representatives emphasised voluntary commitments, while MEPs called for a multilevel approach including education, marketing regulation, targeted restrictions and tax incentives. Despite these calls for action, the European Commission "sees no need for additional EU-level action at this stage" so the sector will have to wait to see if there are any further developments throughout 2026.

Meanwhile in the UK, the government is expected to publish its response to the consultation it ran between September and November last year proposing a ban on high-caffeine energy drinks to children under the age of 16 as part of its plan to tackle childhood obesity. It is proposed that a new power will be introduced to allow enforcement by authorities through fines, as an alternative to criminal prosecution.

EU ban on plant-based food with meat names

The European Commission has proposed banning 29 meat-related terms (including "beef", "pork", "bacon" and "chop") from being used for products not derived from animals. In October, the European Parliament adopted its mandate, going further to reserve terms such as "steak", "sausage" and "burger" exclusively for meat products, while also excluding cell-cultivated products from using these terms. However, negotiations between the Parliament and Council failed in December, with talks scheduled to continue in January.

The UK has not announced plans to introduce an equivalent ban. The Food Standards Agency has indicated to stakeholders that if the EU ban is adopted, UK businesses may be required to follow EU rules under any future SPS agreement. Businesses should monitor the outcome of EU negotiations and the progress of UK-EU SPS discussions to understand the potential implications of this ban.

EUDR application delayed until the end of 2026 with further simplification measures introduced

See ESG section.