We are aware that Port Health Authorities are currently rejecting food goods from China containing dairy.
The regulations which govern the import of products of animal origin into the UK both from within the EU and from Third Countries are extensive and complex. Port Health Authorities are, however, in our view, currently acting beyond their powers and unlawfully in rejecting containers with goods from China containing processed products of animal origin.
In seeking to rely on Decision 2002/994 Port Health authorities appear to have fallen into error. Whilst this Decision does preclude the import of products of animal origin from China unless the requirements of the Annex are met, it does not apply to processed products of animal origin and/or composite products. And so whilst raw milk is precluded from import from China to the UK under Decision 2002/994 (and later EU Regulations), processed milk (if it complies with the requirements of Regulation EU 605/2010) is not so prohibited. Moreover, the Secretary of State’s document, produced in accordance with our national regulations (introduced post Brexit) confirms that China is authorised for the import of dairy products (meeting the necessary processing requirements) to the UK.
The regulator has, in our view, erroneously taken the view that processed milk products are caught by Decision 2002/994 and is taking steps to stop containers with composite goods from China which contain dairy products (which by their definition only include processed products of animal origin, not products of animal origin) and which are governed by different rules and laws.
These decisions by the regulator include composite food products containing milk which originates from countries outside of China and which fully meet the UK’s requirements in respect of milk and dairy products. The Regulator asserts that once milk is imported into China (whether processed or otherwise and/or whether contained in a composite product on import to China or otherwise) only Decision 2002/994 is relevant and all other legal requirements for the import of milk from other EU countries and Third Countries are irrelevant. This in our view is plainly wrong.
The regulator has a number of enforcement powers, including detention of the consignment, rejection of the consignment, notices requiring the re-dispatch or destruction of the consignment, and prosecution.
Our Regulatory team has recognised expertise in advising clients in the food sector and challenging enforcement action and prosecutions by regulators. We are already instructed by a number of clients to assist with this particular issue concerning dairy products from China. If you require any assistance whether generally in respect of imported goods, or more specifically in respect of composite products containing dairy products from China, please contact our Regulatory team who will be happy to help.