What is the legal basis
A ‘high-risk’ product is feed or food that is either a known, or an emerging, risk to public health. Specific emergency controls are in place for certain Food Products Not of Animal Origin from specified countries to reduce known human or animal health risks.
Where emergency controls exist, there is usually a requirement for the Port Health Authority to conduct documentary checks and sampling for analysis or examination.
Imports of certain feed and food of non-animal origin, from certain non-EU countries that are considered to be ‘high-risk’ can only enter the UK through specific ports and airports approved as Designated Points of Entry (DPE’s) where official controls will be carried out.
A list of the ‘high-risk’ products, country of origin and the frequency of checks can be found at Annex I of Commission Regulation (EC) 669/2009. The annex to 669/2009 changes every 6 months with entries being removed and new entries added.
Aflatoxin levels and imported food
Commission Regulation (EC) No 884/2014 (as amended) imposes special conditions governing the import of certain foodstuffs from certain non-EU countries due to contamination risk by aflatoxins.
Controls exist to protect public health and may either suspend imports or place specific conditions surrounding their import. In most cases these products may only be imported via designated points of entry. For further information on current food stuffs with EU restrictions please see this link
Plastic kitchenware from China and Hong Kong under Regulation (EU) No 284/2011
Commission Regulation (EU) No 284/2011 lays down specific conditions and detailed procedures for the importation of polyamide and or melamine plastic kitchenware originating in or consigned from the People’s Republic of China (China) and Hong Kong Special Administrative Region of the People’s Republic of China (Hong Kong).
What products fall into this category
FNAO from certain countries is classed as high risk due to the likelihood of contamination. This includes:
- peanuts, pistachios and dried fruits from Egypt, China, Iran and Turkey which may be contaminated with aflatoxin
- mushrooms and wild berries from Ukraine and other countries in the region which may be contaminated with radiocaesium
|Legislation||Relates To:||Examples of Products|
|Increased level of official controls||
|Imposing special conditions due to contamination risk by aflatoxins||
Regulation (EC) No 2018/1660
|Imposing special conditions due to contamination risk by pesticide residue||
|Plastic kitchenware from China and Hong Kong||
For more information relating to restricted products please visit the Food Standards Agency website.
What documentation do I require
Common Entry Document
The Common Entry Document (CVED) is a document that shows that the necessary checks have been carried out on entry into the EU and can be found in Annex II Commission Regulation 669/2009.
CEDs are completed via the TRACES system.
Health Certificate and Sampling Analysis
Requirements are set out in specific Commission Decisions. These identify the specific requirements for importing certain FNAO goods. In some instances the CED needs to be supported by a Health Certificate and the results of Sampling Analysis.
Plastic Kitchenware from China and Hong Kong
Plastics Declaration Document (signed by the Importer not the agent) must be must be submitted for consignments containing Plastic kitchenware from China and Hong Kong
In relation to Commission Regulation (EU) No 284/2011.
The PDD must be supported by commercial documentation (copy bill of lading, invoice, packing list) and analytical results.
Pre notifying and payment to the authority
Regulation (EC) No 669/2009 states that the Designated Point of Entry (DPE) should be pre-notified at least one working day before the physical arrival of the consignment by completing Part 1 of the Common Entry Document (CED).
PDD’s must submitted at least two working days in advance of the estimated date and time of physical arrival of consignments.
Fees will be payable to the Authority where these controls apply and will not be higher than the costs incurred by the authority; this includes recharging of any sampling costs.
What official checks are carried out on my consignment
The documentary check is the assessment of the official documentation and accompanying commercial documents, which may include bills of lading, invoices and packing lists. 100% of consignments are subject to documentary checks.
100% consignments are also subject to identity checks which involves the verification that the product, health marks, stamps and other necessary product and or package information conforms to the accompanying documentation.
Consignments may also be physically checked and sampled. The physical check may include sampling the product to look for pathogenic micro-organisms or illegal contaminants such as aflatoxins, pesticides and other banned substances/contaminants.
Completion of official checks
Completion of satisfactory official checks will allow for the product to be released into free circulation within the European Community.
If your products fail any of the import conditions they may be either:
- Sent for special treatment; the food maybe treated ort processed to bring it in line with Community Law (or with the requirements of the third country of dispatch),
- Sent for other appropriate measures; non compliant consignments may undergo processing for use for purposes other than animal or human consumption,
- Re-dispatched to a country outside of the EU.
- If the consignment is deemed to be a risk to human/animal health, or where there is a failure to re-dispatch the product following failure of checks, the consignment will be sent for destruction by incineration.
All costs for destruction are to be met by the person responsible for the consignment.