Imported Foods: Guidance for Retailers, Wholesalers and Importers

This article is designed to help retailers, wholesalers and importers understand the key compliance issues Trading Standards is currently finding with imported foods. It explains the most common problems we’re seeing – including incorrect labelling, unauthorised ingredients and banned additives – and sets out the practical steps you can take to make sure the products you buy, import or place on the market meet UK food law.

A growing number of imported food products are being introduced into the UK market, and many are not compliant with UK Food Law. This can put consumers at risk in several ways, including:

• Missing or incorrect food allergen information.
• Food containing ingredients that do not meet UK Food Safety Standards.
• Food containing ingredients that are not authorised for use in the UK.
• Food additives used at levels higher than those permitted in the UK.

Some imported sweets and drinks also contain additives and ingredients that are banned in the UK because they are linked to:

• Hyperactivity and behavioural problems.
• Cancer, heart problems, kidney and other organ damage.
• Nausea, vomiting, diarrhoea, loss of appetite, stomach cramps, headaches and/or dizziness.

Food Labelling Requirements Under UK Law

Article 9 of Regulation (EU) No 1169/2011 on the provision of food information to consumers. Under UK Food Law, there are a number of requirements for food labelling:

• All labelling must be in English.
• The name and address of a manufacturer or importer in the UK.
• Allergens must be highlighted within the ingredients list (for example, in bold).

What to Look For

• UK net quantity labelling must be metric (grams (g) and millilitres (ml)).
  If the labelling is imperial (ounce (oz) or fluid ounce (fl oz), the product is to be American and intended for the US market.
• Colours must be labelled with the correct E number.
  For example:
  • Yellow 5 should be written as Colour E102.
  • Red 40 should be written as Colour E129.
• Nutrition information must be headed ‘Nutritional Information’, not ‘Nutrition Facts’.
• Food and drink containing colours E110, E104, E122, E129, E102 and E124 should include the warning:
  ‘May have an adverse effect on activity and attention in children’.

What Other Problems are there?

Incorrect allergen information can lead to serious health consequences, including fatal allergic reactions.

It is illegal to sell products in the UK containing any of the following:

• Jelly cups containing konjac (E425) or carrageenan (E407).
• Jelly confectionery containing konjac (E425).
• Brominated vegetable oil (BVO) in flavoured drinks.
• E127 Erythrosine (shown in US products as Red 3) except in cocktail and candied cherries.
• Mineral oil in confectionery.
• Bleached flour in any food.
• Zinc aspartate in any food.
• Calcium disodium EDTA (E385) in flavoured drinks.
• Erythorbic acid (E315) and sodium erythorbate (E316) in flavoured drinks.
• Tartrazine (E102, Yellow 5) in pickles.
• Sunset yellow (E110, Yellow 6) in potato and cereal-based snacks such as crisps.

Examples of Problematic Products Found on Sale

Trading Standards has identified imported products containing banned additives, such as:

• American sweets containing banned mineral oil.
• Soft drinks containing the banned additive EDTA (E385).
• Jelly cups containing E425 (konjac) and E407 (carrageenan), which are choking hazards.
• American pickles containing the banned colour tartrazine (Yellow 5).
• Crisps containing the banned colour sunset yellow (Yellow 6).
• Products with non‑UK formatted labelling.

How to Make Sure You Comply With the Law

• The simplest approach is to buy food that is already labelled in English.
  Labels can include other languages, but the legally required information must appear in English.
• Retailers:
  If food or drink is not labelled in English, do not place it on sale.
• Wholesalers:
  You must pass on the information required under the five mandatory UK labelling requirements, either by labelling each item or supplying the information with the food.

Can I Translate the Label Myself?

The English translation should really be provided by the manufacturer or importer listed on the label, as they should know exactly what is in the food.

If you choose to translate or apply your own English label:

• You are responsible for its accuracy.
• You must include your name and address on the label.
• You are liable for any errors, including where incorrect information makes the food unsafe.

Importers should seek advice from their local Trading Standards Service if unsure.

What Action Is Trading Standards Taking?

Trading Standards is carrying out inspections at wholesalers and importers. Where non‑compliant products are found, we may:

• Offer advice,
• Issue notices for non-compliant products,
• Detain, seize or destroy non‑compliant products at your expense.

It is a criminal offence to fail to comply with legal requirements.

If food is found to be unsafe, you could face prosecution. The maximum penalty is an unlimited fine and/or 2 years imprisonment. In addition, supplying non-compliant products can lead to financial, legal and reputational risks, as these products may also be subject to costly product withdrawals and recalls.

How to Find Out More

Guidance for Importers

https://www.businesscompanion.info/en/quick-guides/food-and-drink/language-requirements-for-food-labelling

https://www.businesscompanion.info/en/quick-guides/food-and-drink/labelling-of-prepacked-foods-general

Guidance for Retailers and Wholesalers

https://www.businesscompanion.info/en/quick-guides/food-and-drink/language-requirements-for-food-labelling

For further information or advice, contact your local Trading Standards Service or visit Business Companion:
www.businesscompanion.info