Food law | UK Regulatory Outlook May 2025

UK/EU summit - Sanitary and Phytosanitary agreement

On 19 May 2025, the UK and EU summit took place where it was announced that a UK-EU Sanitary and Phytosanitary (SPS) agreement (also known as a veterinary agreement) would be established. This will aim to streamline the movement of agrifood products between the UK and the EU and reduce border controls and checks for businesses. Key points of the agreement include:

• Removal of export health certificates.
• Removal of plant health certificates.
• Removal of certificates of inspection for organic products.
• End of routine border checks on agrifood products.
• Removal of routine checks on certain imports from the EU.
• Resumption of trade for previously banned British products, meaning fresh sausages, burgers, certain shellfish, and seed potatoes will be able to resume trade to the EU.
• Easier movement of goods between GB and NI by reducing paperwork and checks due to the removal of SPS and other requirements. Reports have also suggested that the SPS agreement could do away with the "Not for EU" labels which are required for those agrifood products moving to Northern Ireland under the Windsor Framework agreement. It should be noted that until an SPS agreement is concluded and applied, the SPS arrangements under the Windsor Framework will continue to apply.

The main element of the SPS agreement, which is causing significant discussion, is the requirement for "dynamic alignment." This means that the UK will likely need to follow EU food standards. There are currently no details on how this will be implemented.

The common understanding document suggests that the SPS Agreement should include a short list of limited exceptions to dynamic alignment. These exceptions could potentially exclude certain areas from the agreement's scope, and it will be interesting to see what they are.

Although the government has stated that negotiations are ongoing and it has not yet fully agreed to EU rules, many believe that the EU is unlikely to reduce border checks unless the UK agrees to dynamic alignment.

For businesses operating in both the UK and EU, the SPS agreement will probably be welcomed: with fewer checks being required and the need to navigate only one set of standards required by the dynamic alignment. However, an agreement is yet to be reached, and many details on how this will work are still to be determined, meaning businesses will need to stay informed about these developments.

Regulations to simplify approval for precision bred plants in the UK enacted, but will they survive the UK/EU summit?

The Genetic Technology (Precision Breeding) Regulations 2025 are set to come into force on 13 November 2025.

As previously reported, the Genetic Technology (Precision Breeding) Act 2023 establishes a new regulatory framework to facilitate the use of precision bred organisms (PBOs) in England. The Genetic Technology (Precision Breeding) Regulations 2025, which apply exclusively to precision bred plants, have now been enacted and will come into force on 13 November 2025.

However, in light of the recent UK/EU summit as reported above, the news of an SPS agreement leaves the future of these regulations unclear. The SPS agreement will require dynamic alignment, which means the UK will need to follow EU standards. This means the UK may need to adjust its regulatory approach to match that of the EU, provided the EU continues with its gene editing plans. Read our Insight for more. 

Changes to the Soft Drinks Industry Levy

A consultation has been launched on changes to the soft drinks industry levy (SDIL). Changes being put forward are as follows:

• To reduce the minimum sugar content at which the SDIL applies to qualifying drinks from 5g to 4g. The SDIL standard rate would apply from 4g to 7.9g total sugar per 100ml, as opposed to 5g to 7.9g total sugar per 100ml currently.
• To remove the exemption for milk-based drinks while introducing a "lactose allowance" to account for the natural sugars in the milk component of these drinks.
• To remove the exemption for milk substitute drinks with "added sugars" beyond those sugars derived from the principal ingredient, such as oats or rice.

The consultation closes on 21 July 2025.

HFSS advertising restrictions: government confirms brand advertising is out of scope and delays ban until 5 January 2026

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