Causeway Coast and Glens Council will not respond to a Food Standards Agency consultation as it “reflects that Northern Ireland is subject to EU food law”.

At October’s Environmental Services Committee meeting, members were asked to endorse Council’s official response to the Food Standards Agency’s (FSA) consultation on local authority and district council guidance on Grey Market goods in the United Kingdom.

Grey Market goods are food not intended for the UK market, which can contain unauthorised or excessive additives and/or ingredients which do not meet requirements set out in UK food safety legislation.

According to the FSA, the guidance would help local authorities in England and Wales and district councils in Northern Ireland should they identify food with additives that have not been authorised for use in the relevant food category or with authorised additives being used in an unauthorised way.

Councillor Huggins proposed rejecting council’s corporate response as it “reflects that Northern Ireland is subject to EU food law”. CREDIT CCGBC

placeholder image — Councillor Huggins proposed rejecting council’s corporate response as it “reflects that Northern Ireland is subject to EU food law”. CREDIT CCGBC

The consultation sought Council’s opinion on whether the guidance clearly set out how authorities can enforce instances of Grey Market goods, any missing information from the guidance, and whether the enforcement options outlined – such as seizures, improvement notices, and prosecution – are sufficient and proportionate.

An accompanying document identified the most relevant legislation for setting out additives requirements.In a section entitled “legal status of the guidance”, the document stated: “Since exiting the EU, directly applicable EU legislation no longer applies in GB. EU legislation retained when the UK exited the EU became assimilated law on 1 January 2024.

“References to any legislation in FSA guidance with ‘EU’ or ‘EC’ in the title should now be regarded as assimilated law where applicable to GB and as directly applicable EU law where applicable to Northern Ireland.”

DUP Councillor Dawn Huggins put forward a motion, which was unanimously approved by Committee members, that council decline to respond.

She concluded: “This draft guidance reflects that Northern Ireland is subject to directly applicable EU food law and related enforcement, and that the European Commission is the authorising body for the food additives.

“In our view this is an unacceptable situation, and as a result we do not approve the corporate response proposed.”