Food law | UK Regulatory Outlook June 2025

UK updates

Phase 3 labelling requirements under the Northern Ireland Retail Movement Scheme to come into effect  

From 1 July 2025, phase 3 of the labelling requirements under the Northern Ireland Retail Movement Scheme (NIRMS), as introduced by the Windsor Framework, come into effect.  

Certain goods moving via the NIRMS from GB to the EU require a 'Not for EU' label. This has been introduced in 3 phases from October 2023 and the final phase comes into effect on 1 July 2025.  

From this date, individual ‘Not for EU’ product-level labelling will be required for a broader range of food products than previously required. Currently under phase 1 and 2, all meat products and dairy products must be individually labelled. From 1 July, the following categories will also need to have a ‘Not for EU’ label on each individual item if moving via NIRMS: 

• All pre-packed and sealed fruit and vegetables
• All fresh, frozen and processed fish
• Eggs
• Honey
• Food supplements produced from animal products, with no added plant products
• All chilled or frozen composite products and some chilled plant products that require certification or controls at a border control post
• All shelf-stable composite products, unless they are listed in the ‘exemptions’ section of the government guidance
• High-risk food of non-animal origin (HRFNAO), where it is controlled under Regulation 2019/1793
• Cut flowers where they are listed in Part A of Annex XI and Annex XII to the Phytosanitary Conditions Regulation (EU) 2019/2072 

HFSS regulations to delay advertising restrictions made 

The Communications Act 2003 (Restrictions on the Advertising of Less Healthy Food) (Effective Date) (Amendment) Regulations 2025 were made on 3 June. These amending regulations delay the implementation of the restrictions on advertising of less healthy food and drink products from 1 October 2025 to 5 January 2026. These come into force on 1 July 2025. 

The government guidance has also been updated to reflect the delay.  

Please also see the Advertising and marketing section for updates made to the ASA guidance.  

Sentencing Council confirms amendments to the sentencing guidelines for very large organisations 

The Sentencing Council has announced amendments to the sentencing guidelines for health and safety, food safety, food hygiene, and corporate manslaughter offences, specifically targeting Very Large Organisations (VLOs).  

These changes aim to provide clearer direction for courts when sentencing organisations with turnovers significantly exceeding £50 million. The amendments suggest that courts should consider fines outside the range for large companies, ensuring that penalties are proportionate to the organisation's financial circumstances and the seriousness of the offence.  

While the wording changes may imply higher fines for VLOs, in practice, the impact is likely to be minimal as judges already consider VLOs separately from large organisations. Read our Insight for more.  

FSA June Board meeting  

On 18 June, the Foods Standards Agency held its board meeting. The FSA put to the board a number of initiatives including reintroducing the national level regulation proposal and further reforms to the market authorisation process for regulated food and feed products. 

Further reforms to the market authorisation process  

In April, new regulations came into force which made changes to the regulated food and feed products framework, notably by removing two changes removes the requirement for 10-yearly renewals of authorisations for feed additives, genetically modified organisms and smoke flavourings and removing the requirement for secondary legislation to bring the initial authorisations into effect (see more here).  

The FSA is now looking to introduce further reforms to streamline the process, which are: 

1. Reviewing the decision-making process: Empowering FSA/FSS to make authorisation decisions, with the option for ministers retaining a "call-in" power for significant cases.
2. Clarifying roles and responsibilities: Defining administrative roles in legislation to expedite the process.
3. Using other regulators' risk assessments: Allowing FSA to use risk assessments from other countries to speed up application processing.
4. Using European Union Reference Laboratory (EURL) reports: Clarifying the use of EURL reports to avoid duplication and reduce costs.
5. Streamlining authorisation processes: Consolidating regulations for a "simpler, more transparent" process. 

The FSA note that with the UK and EU agreeing a Sanitary and Phytosanitary (SPS) agreement, this may affect these reforms, potentially requiring dynamic alignment with EU law. It states that the outcome of these negotiations will influence the future scope and timing of the proposed changes. 

National Level Regulation  

As previously reported, the FSA has been looking into introducing national level regulation whereby large national food businesses would be regulated at a national level, rather than on a premises-by-premises basis. This was revisited at the June meeting and the Board was asked to agree to the FSA to take next steps to introduce the regime. 

If the Board agrees to these reforms, a public consultation will be launched, either by early July 2025 if using Retained EU Law Act 2023 powers, or in autumn 2025 depending on SPS negotiations.  

Government response to consultation on fairer food labelling 

Last year, the previous government ran a consultation seeking views on proposals for clearer food labelling through improved method of production and country of origin labelling. The new government has now published a summary of responses received and its response. The main themes coming from the responses are as follows: 

• Country of origin labelling 
   
  There is majority support for mandatory labelling of meat in minimally processed products, highlighting the importance for informed consumer decisions and animal welfare. Opponents argue that such changes would add complexity and costs, suggesting current regulations are sufficient. Suggestions for improvement include better enforcement and a standardised UK-wide approach.
• Method of production labelling  
   
  There is strong support for mandatory labelling reform citing benefits for animal welfare, consumer transparency, and adherence to UK regulations. Industry opponents believe current labelling is sufficient and express cost concerns, though some support standardised terminology for voluntary use. There is broad support for reforms to apply to both domestic and imported products and on a UK-wide basis. 

The government has noted the support from the majority to introduce country of origin labelling and it will consider this as they look to priorities on food labelling and information. With regard to the method of production labelling, it again notes the support and will consider the views going forward. It highlights that it "is committed to introducing the most ambitious programme for animal welfare in a generation" and that work is being undertaken on the food strategy "that will set the food system up for success". Given the strong public support for clearer food information on welfare standards, the government will consider method of production labelling reform as part of its broader animal welfare and food strategy. 

Industrial Strategy focuses on engineering biology  

The government published its Industrial Strategy highlighting digital and technologies as key focus areas, which includes six "frontier" technologies, one being engineering biology. The strategy aims to benefit from reformed regulation and standards, particularly through the new Regulatory Innovation Office (RIO), which is designed to create a more supportive regulatory environment (see our Insight).

Alongside the strategy, the Digital and Technologies Sector Plan has also been published. This provides further detail about work in the engineering biology sector, noting the reform to the regulatory framework including with a dedicated Engineering Biology Regulators Network, the FSA sandbox and the role of the RIO. It outlines that it will build "on the success of the engineering biology regulatory sandbox to accelerate regulatory reform."  

At the end of the sector plan it outlines some key dates notably:

• Q3 2025: Round two of regulatory sandbox commences  
• Q4 2025: Full implementation of the Genetic Technology (Precision Breeding) Regulations 2025
• Q1 2027: Food Standards Agency regulatory sandbox on cell-cultivated protein completed
• 2028: Regulatory sandbox round two project completed
• 2030: The UK is a world leader in responsible innovation, making a positive impact on global health, economic and security outcomes.

With the government's ongoing focus on advancing engineering biology, it is an exciting time for the future of food innovation and businesses looking to introduce these products to the UK market. 

FSA launches new support service for businesses developing cell-cultivated products for the UK  

The Food Standards Agency (FSA), in collaboration with Food Standards Scotland (FSS), has launched a new pilot business support service to assist companies developing cell-cultivated products for the market in the UK. The service will provide information and guidance to companies that are navigating the authorisation process for their products.

The service allows prospective applicants to consult with the FSA/FSS team before submitting applications, ensuring clarity on essential requirements like data collection and hazard identification. It also provides support after applications are submitted in order to help businesses address any gaps identified in their submissions. The FSA plan to expand this pilot support service to producers of precision-fermented food in the future.

Alternative proteins regulation maze

The UK government is backing innovative technologies that are at the forefront of future food development – and  stepping up support and funding for alternative proteins. But the international regulations surrounding the development of alternative proteins remain stringent. What do businesses need to know about overcoming these barriers? See our Insight for more.

EU updates

EU court rules making health claims for botanical food supplements is prohibited  

The Court of Justice of the EU has ruled that making health claims in relation to botanical substances cannot be done as these claims are still under scientific review from the Commission. In this case, a German company was marketing s a food supplement containing extracts of saffron and melon juice, claiming the extracts improved mood or reduced feelings of stress and fatigue.  

The court referred to the Nutrition and Health Claims Regulation 1924/2006, noting that the use of nutrition and health claims in the advertising of foods and food supplements was prohibited, unless the claims were included in the lists of authorised claims. Since the Commission has not yet completed its assessment of health claims related to botanical substances, these claims are not included in the list of authorised health claims and cannot be used on products.  

The case serves as a timely reminder to businesses to ensuring that any health claims used in marketing are listed as authorised claims in the EU or on the "on hold" list for the UK.