Product regulation

Contact: Gavin Reese and Dorothy Flower

Product regulation

Food Crime Strategic Assessment published by the FSA and FSS

On 12 September 2024, the Food Standards Agency (FSA) and Food Standards Scotland (FSS) published their Food Crime Strategic Assessment for 2024. The report highlights the changing landscape of food crime, aided by geopolitical events bringing disruption in the food chain, which is also allowing criminals to diversify their activity. However, the report also notes that more information is now available in relation to food supply chain criminals.

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The new Lithium-Ion Battery Safety Bill: where are we with legislation governing lithium-ion battery safety?

The new Lithium-Ion Battery Safety Bill underwent its first reading on 6 September 2024. The Lithium-Ion Battery Safety Bill aims to address the increasing fire risks associated with lithium-ion batteries as their usage grows, particularly in electric vehicles and micromobility devices. The bill proposes regulations for the safe storage, use, and disposal of lithium-ion batteries, as well as safety standards for e-scooters, e-bikes, and related charging systems. It also seeks to facilitate the development of large-scale battery energy storage systems by mandating safety consultations for planning approvals. The bill complements the broader Product Safety and Metrology Bill, which aims to enable the UK to quickly adopt EU regulations on emerging product safety risks.

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Product regulation

FSA review of allergen guidelines for non-prepacked items

The Food Standards Agency (FSA) has launched a consultation to seek feedback on proposed best practice guidance for food businesses providing allergen information for non-prepacked foods. The guidance aims to interpret and apply allergen provisions without introducing new legislation. It targets food business operators, enforcement authorities, and industry representatives. The FSA engaged with over 160 stakeholders during development. Objectives include assessing potential impacts, understanding implementation challenges, and improving support for businesses. The consultation invites comments on policy expression, potential impacts, and effectiveness in supporting food businesses. The consultation closes on 27 November 2024. Responses will be considered and published, with final guidance expected in early 2025.

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Ban on single-use vapes introduced

On 24 October 2024, the government laid in Parliament legislation to ban the sale and supply of single sale vapes. The legislation will introduce the ban starting on 1 July 2025, with businesses encouraged to sell leftover stock before then. Through this ban, the government aims to reduce the waste and impact on the environment of disposable vapes due to their plastic, lead, and mercury components, as well as the fire risk posed by their lithium-ion batteries. The government also hopes that the ban will result in decreased number of children and vulnerable young people using vaping products, which will also be complemented by The Tobacco and Vapes Bill.

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The FSA launches consultation to develop allergen labelling in the out-of-home sector

The FSA is proposing to change the requirements of allergen labelling being available either orally or in writing, at food business' discretion, to businesses mandatorily providing written allergen information. The FSA is asking food businesses, consumers and local authorities to share their views by 27 November 2024.

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OPSS sponsored guide published: BSI PAS 7770: energy-related consumer products

The Office for Product Safety and Standards (OPSS) has sponsored the publication of BSI PAS 7770:2024, a new guidance framework aimed at reducing the environmental impact of electronic product design. This guide helps manufacturers and designers assess the environmental performance of products throughout their entire life cycle, from raw material extraction to end-of-life disposal. It is intended for product owners responsible for design and manufacture, but also benefits consumers, policy makers, and professionals in recycling, repurposing, repairing, and retailing. The guidance aligns with existing sustainability standards and aims to promote environmentally responsible practices in the electronics industry. The PAS can be downloaded here.

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Health and safety, and product regulation

FSA and FSS outline caffeine recommendations for supplements

The Food Standards Agency (FSA) and Food Standards Scotland (FSS) have issued guidance on caffeine in food supplements to promote safe consumption and manufacturing practices. The guidance advises consumers to be aware of their total caffeine intake, recommending limits of 400mg per day for adults and 200mg for those who are pregnant. This initiative follows a fatal incident involving caffeine powder misuse and survey results showing limited consumer awareness of supplement dosage instructions. The guidance consolidates existing information for easier access by consumers and businesses. It highlights potential health risks of high caffeine intake, especially from concentrated sources like pure caffeine powder. Businesses are reminded of labelling and composition requirements, including warnings for higher-dose products. The agencies have published comprehensive advice for both consumers and businesses on their websites.

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The fourth Retail Surveillance Survey from the FSA

The Food Standards Agency (FSA) has published the results of its fourth annual survey which supports with monitoring food safety risks. Food samples were bought from various sources, and tested for undeclared allergens, contaminants, adulteration, inaccurate composition or incorrect labelling. For the areas of authenticity tested, the samples had a 97% compliance rate.

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Changes to “not for EU” labelling requirements announced

The UK government has decided not to mandate “not for EU” labelling for retail products in Great Britain starting 1 October 2024, following consultations and business engagements. This decision aims to ensure the continuous supply of supermarket goods to Northern Ireland. However, the government retains the authority to implement such labelling in the future if necessary. The Government is still committed to the Windsor Framework with phase two of the Northern Ireland Retail Movement Scheme commencing on 1 October 2024. This phase will expand labelling requirements to include more dairy products moving from Great Britain to Northern Ireland, maintaining the current labelling standards across the UK.

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The EU Compliance headache you don't know you have? A priority primer on the European Accessibility Act

On 28 June 2025, the EU Accessibility Act (EAA) will come into force, bringing in a sweeping set of obligations for retailers and brands to ensure products and services are accessible to all, particularly those with disabilities. With guidance on how the new rules will be interpreted and enforced still to come, it's important that businesses start to get their house in order, rather than face a mountain of compliance work. In this article from RPC's Autumn 2024 edition of Retail Compass and covered at Retail Compass Live!, Oliver Bray and Hettie Homewood delve into the latest updates on the EAA as well as practical steps businesses should be considering as the countdown to compliance begins.

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