Ashbury Global
The purpose of a Food Business Operator (FBO) address is to ensure the FBO or importer can be contacted quickly, easily, and directly regarding any issues with their product. So, what are the rules around FBO addresses for export now that the UK has exited the EU? Here are 5 common questions Ashbury’s EU and UK food regulatory consultants receive and their answers to make food labelling consultants in the UK for export a little clearer for you.
Setting up a PO box in the EU or GB is not sufficient means to be able to label your foods with them as the ‘importer’. This is for a number of reasons. Firstly, the named importer must be a registered FBO in that territory. It should also be a ‘natural or legal person’ who is concerned with the business of placing the product on that market from a third country. It’s fine to use a PO box as a contact address if it is associated with a substantive, i.e., a staffed and permanent physical address of the importer or ‘established’ FBO.
As an EU FBO you need to have a GB address on labels for foods sold into Great Britain – this is a requirement from the 1st October 2022 for pre-packaged foods sold in GB. However, for food travelling the other way (out our GB into the EU) an EU address was required from the 1st of January 2021.
The current position is that it is acceptable to use both an EU and GB address on one food label as long as both are clear to the consumer to avoid confusion. This allows your product to be marketed in both the EU and GB, without creating multiple labels.
Prior to Brexit the FBO address would be an established ‘business’ in the EU. Now, unless your business is set up in there, the use of an EU-based importer will be required. EU food law recognises this ‘importer’ as responsible for the compliance of the ‘Food Information’ provided, and in turn, they will be the first contacted if enforcement action is needed.
If you have any other questions our food consultants can help.
The concept "established in the customs territory of the Union" is defined in Article 5 (31). Commission Delegated Regulation (EU) 2018/1063 of 16 May 2018 as regards detailed rules concerning certain provisions of the Union Customs Code.
As border controls and tax revenues are at the heart of considerations in terms of export trade in reference to any EU legislative regime, this will be the place to which we should look to understand requirements, liabilities and definitions in the EU rules, including food law.
In understanding post Brexit labelling requirements and Food Business Operator (FBO) obligations and liabilities, the concept of ‘Established in the EU’ is key. The definition is given below:
“In case of private individuals (natural persons), the person must have his or her habitual residence in the customs territory of the EU.”
In the case of a legal person or an association of persons, the definition should be read together with Article 5 (32) UCC. Based on this, the exporter, or in the context of this article the FBO of a third country, must have in the customs territory of the EU: