Required Report: Required - Public Distribution Date: January 24, 2024

Report Number: UK2023-0026

Report Name: FAIRS Annual Country Report Annual

Country: United Kingdom

Post: London

Report Category: FAIRS Country Report

Prepared By: Steve Knight, Rachel Nixon

Approved By: Alexandra Baych

Report Highlights:

The United Kingdom (UK) continues to implement changes to its border control measures, following its
departure from the European Union (EU). Changes in 2024 will primarily affect imports from the EU
and bring the requirements in line with those for the rest of the world including the United States. With
England, Wales, and Scotland - Great Britain (GB) - outside of the EU single market and customs union,
exporters should ensure they are familiar with the GB requirements which do differ from the EU in
some areas, albeit remaining similar. Northern Ireland (NI) remains within the EU single market and
customs union and, again, exporters should familiarize themselves with the specific requirements for
trade to or via this part of the UK. Please review the report for additional information.

THIS REPORT CONTAINS ASSESSMENTS OF COMMODITY AND TRADE ISSUES MADE BY USDA STAFF AND NOT NECESSARILY
STATEMENTS OF OFFICIAL U.S. GOVERNMENT POLICY
Table of Contents
EXECUTIVE SUMMARY........................................................................................................................................ 4
SECTION I. FOOD LAWS ....................................................................................................................................... 6
SECTION II. LABELING REQUIREMENTS ......................................................................................................... 8
Products of Biotechnology and Alcoholic Beverages ........................................................................................... 11
Organic Foods ...................................................................................................................................................... 11
Frozen Foodstuffs ................................................................................................................................................ 11
Vertical Legislation on Specific Products ............................................................................................................. 12
Plant-based Meat and Dairy Alternatives ............................................................................................................ 12
SECTION III. PACKAGING AND CONTAINER REGULATIONS .................................................................... 12
SECTION IV. FOOD ADDITIVE REGULATIONS .............................................................................................. 14
SECTION V. PESTICIDES AND OTHER CONTAMINANTS ............................................................................ 15
SECTION VI. OTHER REQUIREMENTS, REGULATIONS, AND REGISTRATION MEASURES ................ 16
SECTION VII. OTHER SPECIFIC STANDARDS ................................................................................................ 19
E. Novel Foods.................................................................................................................................................. 19
B. Food from Animal Clones................................................................................................................................. 19
C. Nanotechnology ............................................................................................................................................... 19
F. Fortified Foods ............................................................................................................................................. 19
E. Dietetic or Special Use Foods ........................................................................................................................... 19
F. Food Supplements............................................................................................................................................ 19
G. Irradiated Foodstuffs ....................................................................................................................................... 19
H. Seafood ............................................................................................................................................................ 20
I. Pet Food ............................................................................................................................................................ 20
J. Vegetarian and Vegan Foods ............................................................................................................................ 20
SECTION VIII. COPYRIGHT/TRADEMARK LAWS ......................................................................................... 20
SECTION IX. IMPORT PROCEDURES ............................................................................................................... 22
Obtaining a Commodity Code and Relevant Import Duty ................................................................................... 23
Value Added Tax (VAT)......................................................................................................................................... 23
Excise Duties ........................................................................................................................................................ 24
SECTION X. Trade Facilitation .............................................................................................................................. 25
A. Advance Rulings ............................................................................................................................................... 25

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 B. Pre-Clearance Program .................................................................................................................................... 25
C. Electronic Certificates ...................................................................................................................................... 25
D. Import and Inspection Fees ............................................................................................................................. 26
E. Average Release Times at Port – Common Delays .......................................................................................... 26
F. Duplicative Inspections .................................................................................................................................... 26
APPENDIX 1. – Government Regulatory Agency Contacts ................................................................................... 27
APPENDIX II. – Other Import Specialist Contacts ................................................................................................. 29
UK Trade Associations .......................................................................................................................................... 29
Food Law & Labeling Specialists .......................................................................................................................... 30
Testing Laboratories............................................................................................................................................. 31

DISCLAIMER: This report was prepared by FAS/USDA London, for U.S. exporters of domestic food
and agricultural products. While every possible care has been taken in the preparation of this report,
information provided may not be completely accurate either because policies have changed since its
preparation, or because clear and consistent information about these policies was not available. It is
highly recommended that U.S. exporters verify the full set of import requirements with their foreign
customers, who are normally best equipped to research such matters with local authorities, before any
goods are shipped. FINAL IMPORT APPROVAL OF ANY PRODUCTS IS SUBJECT TO THE
IMPORTING COUNTRY’S RULES AND REGULATIONS AS INTERPRETED BY BORDER
OFFICIALS AT THE TIME OF PRODUCT ENTRY.

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EXECUTIVE SUMMARY

The United Kingdom (UK) is the largest single market for U.S. consumer-oriented food and beverage
exports within Europe at just over $1 billion in 2022. The Netherlands is a hub destination within
Europe, with U.S. exports reaching nearly $1.6 billion in 2022. However, the majority of U.S. product
arriving at the Port of Rotterdam is distributed throughout mainland Europe. In the UK, U.S. fresh
produce, dried fruit, nuts, and other lightly processed foods may be sold loose or incorporated as
ingredients in the UK’s significant food manufacturing sector. Wine, craft beer, and other grocery
products are sold as finished packaged goods. Packaging stickers or label conversions are necessary to
comply with local labeling laws.

On January 1, 2021, Great Britain (England, Wales, and Scotland) exited the European Union (EU)
single market and customs union. The UK continues to implement changes to its border control
measures following its exit from the EU, particularly for goods imported from the EU. Additional
import controls on EU goods that were to be implemented in 2022 were postponed and will be phased in
throughout 2024. Beginning January 31 2024, the Border Target Operating Model, the UK’s new
approach to Safety and Security controls and Sanitary and Phytosanitary (SPS) controls at the border,
will be applicable equally to goods from the EU and goods from the rest of the world. This will include
the requirement for pre-notification of SPS goods from the EU, and a requirement for certificates for
animal and animal products, plant and plant products, and other products of high risk. This is already the
case for imports from the United States and other third countries.

Northern Ireland (NI) is subject to separate arrangements under the Protocol on Ireland/Northern Ireland
(the Protocol) that accompanied the agreement between the UK and the EU addressing the UK’s
withdrawal from the EU. Checks on goods moving from Great Britain (GB) into Northern Ireland (NI)
began on January 1, 2021, although certain food products received grace periods before checks came
into force. On February 27, 2023, the UK and the EU jointly announced the Windsor Framework to
address issues regarding the Protocol. The introduction of new trade easements for goods moving from
GB to NI under the Windsor Framework began on October 1, 2023, and will continue through 2025.
When fully implemented, the Windsor Framework will apply UK regulations regarding food safety,
value-added tax, and excise rates. It will also retain Northern Ireland’s place in the UK internal market
and access to the EU market. As such, NI continues to follow EU food laws. GB now has regulatory
autonomy, although in practice it is currently enforcing EU law that it has rolled over into domestic law.

In addition to the introduction of GB specific trading arrangements, the other main impact of the UK’s
departure from the EU is on the relatively small proportion of products that would typically have been
imported into the UK and then onward to Ireland or into mainland Europe, and on products imported
into mainland Europe and then shipped onward to the UK. Rules of Origin criteria under the Trade and
Cooperation Agreement (TCA) between the EU and UK mean that even if insufficient processing takes
place to materially alter the product, import duty is payable on third country goods (including from the
United States) upon entry to each country. This has created a scenario where multiple duties must be
paid (if applicable), and as a consequence, direct trade between the United States and certain EU
countries (Ireland, the Netherlands) has experienced an uplift post-Brexit. A review of the TCA is due to

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start in May 2026. This may be an opportunity for renegotiation but could be limited to a technical
review.

We strongly advise U.S. exporters/export agents/freight forwarders to work closely with their UK
importers or customs agents to ensure that the latest information on import requirements has been
obtained and is followed. Port Health officials can be a helpful source of information, as well as an
importer’s local Trading Standards office, the Food Standards Agency (FSA), and the Department for
Environment, Food, and Rural Affairs (Defra).

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SECTION I. FOOD LAWS

As UK food law has its foundation in EU food law, it may be helpful to cross-reference this report with
the Food and Agricultural Import Regulations and Standards (FAIRS) report produced by the U.S.
Mission to the EU in Brussels, Belgium. This is available at: FAS GAIN Report Database

To avoid any break in existing legal coverage and mechanisms, in 2018, the UK enacted the European
Union (Withdrawal) Act. This incorporated EU laws and regulations into domestic UK law, replacing
references to EU entities and laws and regulations with corresponding UK references. As a result,
beginning January 1, 2021, the UK and EU had virtually identical legal and regulatory structures,
although the UK is now generally free to change its laws and regulations independent of the EU. In
June 2023, the UK Government’s Retained EU Law (Revocation and Reform) Act came into force,
giving ministers new powers to keep, repeal, or amend any EU retained law and end the special status of
retained EU law in domestic UK law. As of this writing, only around 460 obsolete pieces of retained
EU law, out of over 5,000 in total, have been repealed, replaced, or have already expired. Nearly 600
more EU-derived laws, viewed largely as inconsequential, are scheduled to expire at the end of 2023.
All legislation in the area of imported food and agricultural products is encompassed in retained EU law
and is expected to remain the same through 2023. However, the UK has the autonomy to deviate from
EU law in the future. Significant deviation is not expected, at least in the short term, and there are
mechanisms laid down in the UK-EU trade deal to impose penalties if the UK enacts trade-distorting
policy.

UK authorities enforce food regulations in a fair and consistent manner. Following several high-profile
food 'scares' in the last three decades, the UK has a sophisticated and highly scrutinized food market. An
ability to meet private standards, above those required by local food law, is a prerequisite to supplying
major food companies and retailers for many product sectors.

Port health officials are generally helpful in response to importer queries made in advance of shipping
product to ensure that all import conditions are met. The onus is on the UK importer to make sure the
product can legally be imported and that the correct paperwork is organized to accompany the shipment.
U.S. companies should endeavor to be flexible in responding to UK importer questions about ingredient
origin and composition and be prepared to invest financially and with personnel resources to comply
with the necessary steps for UK (EU) certification processes (red meat, dairy, poultry, honey, plant
health, etc.).

UK Competent Authority

Department for Environment, Food & Rural Affairs (Defra)

Seacole Building
2 Marsham Street
London SW1P 4DF
Tel: 011 44 20 7270 3000
Contact emails for all sections: https://www.gov.uk/guidance/contact-defra

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Web: Defra

Defra has overall responsibility for international trade policy, including agricultural biotechnology
(commercial planting) and organic standards.

When it comes to importing animal or plant (horticultural) products, an executive agency (under Defra’s
oversight) known as the Animal and Plant Health Agency (APHA) provides services and the detailed
information on:

Animal product import regulations, including eggs, dairy, red meat, poultry, gelatin, honey, and pet
food. See: Trade in animals and animal products

Horticultural product import regulations, including plants, cut flowers, planting seeds, fruit, and
vegetables. See: Plant health controls on imports

FSA has responsibility for all aspects of food safety and standards on all packaged and loose food
products sold direct to the consumer, including wine. It also takes the UK policy lead on the assessment
of agricultural biotechnology products for human food and animal feed through its Novel Food/Genetic
Modification policy team.

Food Standards Agency (FSA)

Floors 6 and 7, Clive House
70 Petty France
London SW1H 9EX
Telephone: 011 44 20 7276 8000
Email: [email protected]
Web: www.food.gov.uk

Food that is intended for human consumption must meet the general food safety requirements of
retained EU law. UK food law is documented as “Statutory Instruments”, and these can be found at:
UK Legislation Archives. A comprehensive guide to UK food law is available here: FSA Food and Feed
Law Guide

There are guides for importing bakery products, cereal and cereal products, confectionery, cooking oils,
drinks, food or dietary supplements and health foods, fruits and vegetables, herbs and spices, nut, plant
products and vegetarian products, salt or low sodium salt alternatives, sauces containing products of
animal origin, sugar and sweeteners, table sauces, preserves, pickles and chutney: Import information
sheets.

Enforcement of UK Regulations

The UK enforcement system is based on the "Home Authority Principle". Every UK business (including
importers) can call on their local Trading Standards office for advice, guidance and information on
consumer protection, trading standards, food safety, labeling and composition rules, and regulatory best

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practice. There are over 70 such regional Trading Standards offices located throughout the UK. Further
information can be found at www.gov.uk/find-local-trading-standards-office

U.S. exporters are advised to encourage their UK importer to liaise with their local Trading Standards
office when introducing U.S. products to the market. The "Home Authority Principle" aims to provide
advice and support to UK businesses to "get it right first time". This local government provision is
particularly useful in seeking to resolve composition and labeling issues on U.S. food products.

Under the Food Information Regulations 2014, local UK authorities and port health authorities have
powers to take action to ensure that food business operators (importers, retailers, foodservice, etc.)
comply with the labeling and information provision law. Enforcement may be through written warnings,
improvement notices, or more formal legal action depending on the nature and the public health
implications of non-compliance.

Under the UK's Food Safety Act 1990, and The Food Safety and Hygiene Regulations 2013 , if a UK
importer is threatened with legal action because a U.S. product contravenes the requirements, they must
show that they took "all reasonable precautions" and exercised all "due diligence" to avoid committing
an offence. As a result, UK buyers may ask U.S. suppliers for detailed information on the sources of
individual ingredients that comprise the food product that they have made. This is a normal procedure to
ensure product “traceability” and is helpful to identify ingredients that may be undesirable or illegal in
the UK/EU.

SECTION II. LABELING REQUIREMENTS

The standard U.S. label does not comply with UK/EU labeling requirements. The use of stick-on labels
(that have the mandatory information and cannot easily be removed) may be permitted by some UK
Trading Standards Departments, but label modification for the UK market is expected by major
customers. Labels can be applied by the UK importer before the product is placed on the market.
Nutrition and health claim policy follows that inherited from the EU.

Depending on the product, label conversion can be complex. Your importer may be able to assist you, or
it may be advantageous to hire a food law and labeling expert. A list of food law and labeling
consultants in the UK is provided in Appendix II to this report.

Retained Regulation (EU) No. 1169/2011 was incorporated into UK domestic law under the EU
(Withdrawal) Act 2018 and sets out requirements on the provision of food information to consumers
which includes the labelling of prepacked food and drink in the UK.

In England, responsibility for food labeling legislation and policy is split across the Defra, FSA and the
Department of Health, see: Food Labelling and Packaging; Labelling Durability and Composition; FSA
Packaging and Labeling. Scotland, Wales, and Northern Ireland follow the same labeling rules but there

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are local bodies overseeing various elements. The FSA Food and Feed Law Guide details where
devolved nations of the United Kingdom have legal jurisdiction.

For food labeling queries, please contact Defra helpline on: +44 20 7238 6951 or email the relevant
department using: Defra Contact Page

Example of UK food label – chocolate advent calendar

In the above label, note that potential allergens are indicated in bold in the ingredients list. Also note the
format of the “Nutrition” panel. This is the basic nutritional information panel for compliance with UK
(EU) regulations. It can be added to with vitamins and minerals, and the panel can also show nutrients
per serving in addition to per 100 grams or per 100 milliliters.

Color codes: Although they are not a legal requirement, many UK manufacturers and retailer private
label products display front-of-pack color-coded nutritional information using a voluntary “traffic light
labeling” system. Guidance on how to create front-of-pack nutritional information for pre-packed
products sold through retail outlets is available here: Front of Pack Nutritional Labeling Guidance Notes

Example front-of-pack labeling for a breakfast cereal

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Environmental messaging

The UK government and retail supply chains are focused on reducing greenhouse gases associated with
food production. The British Standards Institute (BSI) has a range of guidance on international and
British standards for Biodiversity (PAS 2010), Carbon Footprint Verification (ISO 14064-1), Carbon
Neutrality (PAS 2060), and Water Footprint Management (ISO 14046), among others. See: British
Standards Institute

Packaging recyclability is a particularly hot topic, especially for plastic. Note the format and prominence
of recycling information in the chocolate advent calendar label example given above.

Given the significant difference in approach to labeling law in the UK/EU, it may be helpful to pay to
have your label modified by a specialist food labeling consultant. Please see Appendix II for contact
details of several organizations known to FAS/London (this list is provided for information only, and its
provision does not constitute endorsement).

Northern Ireland Retail Movement Scheme Labelling

From October 1, 2023, businesses in GB can move prepacked retail goods, as well as certain loose
goods including fruit and vegetables, through the “green lane” to Northern Ireland, under the Northern
Ireland Retail Movement Scheme (NIRMS), part of the Windsor Framework. To avoid onward
movements of goods into the EU, some retail-ready food products will need individual product labels
with the words ‘Not for EU’.

These requirements are being introduced in three phases from October 2023 to July 2025 and include
products imported into GB from the European Union and certain products from the Rest of the World. In
the first phase, only products moving into Northern Ireland under NIRMS will need to meet the labelling
requirements. These labels are required on all prepacked meat, prepacked meat products, meat packed
on sales premises and some dairy products. The full list of commodities which require labelling under
phase 1 is available at this link: List of commodity codes that need individual labels in phase 1 under the
Northern Ireland Retail Movement Scheme.

Phase 2 starts October 1, 2024, at which point the government intends to introduce the labelling
requirements in GB (England, Scotland, and Wales), following consultation. In addition to the phase 1
products, all milk and dairy products will need to be individually labelled. When phase 3 begins on July
1, 2025, composite products, fruit, vegetables, and fish moving to Northern Ireland under NIRMS will
also need to be individually labelled. The same products in GB would also need to be individually
labelled.

Importers and retailers may still move their products into Northern Ireland using the red lane if they are
ineligible for the green lane or if it is otherwise a better fit for their business needs. Not all products
moved under NIRMS need to be individually labelled and an exemption list is available at the link
below.

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Please refer to the following link for the most up-to-date guidance: Labelling requirements for certain
products moving from Great Britain to retail premises in Northern Ireland under the Northern Ireland
Retail Movement Scheme

Other Specific Labeling Requirements

In addition to restrictions on making nutrition or health claims and claims on special use foods such as
“gluten free”, there are additional labeling requirements for products derived from biotechnology
(GMO), products to be marketed as organic, alcoholic drinks, meat and meat products, and frozen foods.

Products of Biotechnology and Alcoholic Beverages

The UK competent authority for finished product and animal feed biotech products as well as for wine,
beer, and other alcoholic beverages is the FSA.

See the following for general wine law and a link to wine labeling: Wine Labelling and Wine Law

There are no specific regulations covering beer. However, all alcoholic beverages must comply with
allergen labeling requirements, e.g., declare sulphites (in British English) if alcohol by volume is more
than 1.2 percent.

The UK competent authority for spirits is the Defra. Spirit Drinks Regulations can be found here.

Organic Foods
The United States has an organic equivalence arrangement with the UK. This means that organic
products certified to either the USDA or UK organic standards may be labeled and sold as organic in
both countries if the products meet the terms of the arrangement. Label guidance for organic foods can
be found at: Trading and labelling organic food and Importing organic food to the UK.

UK competent authority: Department for Environment, Food & Rural Affairs (Defra)
U.S. competent authority: Agricultural Marketing Service/USDA

Frozen Foodstuffs
The UK competent authority for frozen foodstuffs is the FSA. The Quick-frozen Foodstuffs (England)
Regulations 2007 prohibit placing quick-frozen foodstuff on the market unless certain conditions are
satisfied. See: Quick Frozen Regulations

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Vertical Legislation on Specific Products
The UK competent authority for vertical legislation on specific products is Defra. Covering the
manufacture and marketing of sugars, cocoa and chocolate products, honey, fruit juices and similar
products, preserved milk (such as condensed or dried), coffee extracts and chicory extracts, fruit jams
and similar products, additional information from Defra can be found at: Food standards: labelling and
composition.

Plant-based Meat and Dairy Alternatives

There is no legal definition of the terms “vegetarian” and “vegan” and no specific requirements for the
labeling of plant-based meat and dairy alternatives. The UK has adopted the EU position that plant-
based products cannot be labeled with dairy names such as “cheese,” “butter” or “milk.”

SECTION III. PACKAGING AND CONTAINER REGULATIONS

The basic rules for UK packaging law are laid down in the Packaging (Essential Requirements)
Regulations.

Weights and measures

Legislation governing weights and measures comes under the jurisdiction of the UK’s Department for
Business and Trade (DBT) and is administered by the Office for Product Safety and Standards. At a
local level, enforcement is through Trading Standards Departments of local councils. Further
information is available at: Packaged Goods Weights and Measures.

Packaging Waste

Responsibility for Packaging and Packaging Waste Regulations is split between the Defra and DBT.

DBT leads on the implementation of the EU Packaging and Packaging Waste Directive and has
responsibility over the UK’s domestic Packaging (Essential Requirements) Regulations 2003, as
amended. At a local level, enforcement is through Trading Standards Departments of local councils.

Defra leads on UK waste policy and all other aspects of domestic implementation of the Packaging
Directive – including the setting of recycling and recovery targets – through the Producer Responsibility
Obligation (Packaging Waste) Regulations 2007, as amended.

A not-for-profit organization known as WRAP (Waste and Resources Action Programme) works closely
with government and business to drive sustainable change in supply chains towards achieving net zero
greenhouse gas targets.

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Materials in Contact with Food

The UK’s national approach is governed through the FSA and The Materials and Articles in Contact
with Food Regulations 2012. This consolidates relevant retained EU regulations and directives and
consolidates previous national legislation. It includes plastics, ceramics, and epoxy derivatives. Further
information is available at: Food Contact Material Information

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SECTION IV. FOOD ADDITIVE REGULATIONS

The UK has a positive list system (inherited from the EU) with maximum amounts laid down for
approved additives such as colors, sweeteners, emulsifiers, preservatives, etc. Food additives fall under
the jurisdiction of the FSA. Please see: Food Additives Guidance Notes

The UK assesses risks and approves new food additives through an independent panel of experts known
as the Committee on Toxicity (COT). For information on how to apply for approval of a new food
additive, please email: [email protected]

A notable food additive law difference between the U.S. and the UK/EU is that foods containing any of
the six food colors listed in the table below must be labeled with the phrase, ‘may have an adverse effect
on activity and attention in children’ (Annex V to EU Regulation 1333/200). This has had a notable
effect on the UK market. Manufacturers have reformulated to avoid using these colors and are using
more natural colors such as beetroot. Food color Red 2G (E128) has been removed from the UK/EU’s
positive list.

EU name/number Other names

Quinoline Yellow (E104) Food Yellow 13, FD&C Yellow No. 10, Acid yellow 3

Sunset Yellow (E110) Orange Yellow S, FD&C Yellow 6

Ponceau 4R (E124) Cochineal Red A, C.I. Acid Red 18, Brilliant Scarlet 3R, Brilliant
Scarlet 4R,

Tartrazine (E102) FD&C Yellow 5, Acid Yellow 23, Food Yellow 4

Azorubine/Carmoisine (E122) Food Red 3, Azorubin S, Brilliant Carmoisin O, Acid Red 14

Allura Red AC (E129) Food Red 17, FD&C Red 40

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SECTION V. PESTICIDES AND OTHER CONTAMINANTS

The competent authority in the UK for pesticides is the Chemicals Regulation Directorate of the Health
and Safety Executive:

Chemicals Regulation Directorate (CRD)

Mallard House, 3 Peasholme Green
York, YO1 7PX
Tel: 011 44 1904 640500
Email: [email protected]
Web: http://www.hse.gov.uk/pesticides/

Information on maximum residue limits (MRLs) for permitted pesticides can be found at:
UK Pesticides Register Database

Pesticide residues in food and drink in the UK are monitored through an official surveillance program
conducted by the Chemicals Regulation Directorate (CRD) and overseen by the Defra Expert
Committee on Pesticide Residues in Food (PriF). The results of the surveillance are published quarterly
and annually by PRiF. If the surveillance indicates a potential concern about intakes of pesticides by
consumers, a risk assessment is carried out by CRD experts and any necessary follow-up action taken by
CRD, overseen by PriF.

Other contaminants

The Contaminants in Food (England) Regulations 2013 revoke The Contaminants in Food (England)
Regulations 2010 and remake them with necessary amendments to provide for the enforcement of EU
Commission Regulations 650/2012 and 1258/2011 as well as relevant parts of 1881/2006. Contaminants
covered include nitrates, mycotoxins, dioxins, heavy metals, and tin. FSA help and guidance: Chemical
contaminants

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SECTION VI. OTHER REQUIREMENTS, REGULATIONS, AND REGISTRATION
MEASURES

Guidance for British companies new to importing food, and useful background for U.S. exporters can be
found here: Food Standards Importing Advice. General advice on import procedures can be found here:
www.gov.uk/browse/business/imports

A. Certification

Health certificates are mandatory for all UK imports of animal origin products and phytosanitary
certificates are required for all plant products that could introduce pests into the UK.

For Animal Products, (including red meat, poultry, dairy, honey and products containing these as
ingredients, as well as hay and straw), the UK competent authority is Defra, please see: Animal and
Plant Health Agency (APHA) of Defra and APHA Centre for International Trade: Carlisle

U.S. competent authority for meat and meat products: USDA’s Food Safety & Inspection Service (FSIS)
FSIS EU Export Requirements

U.S. competent authority for dairy, dairy products, eggs, and honey: USDA’s Agricultural Marketing
Service (AMS) AMS Export Certification

U.S. competent authority for “Other Animal Products”, including live animals, semen, embryos,
hatching eggs, pet food, pig bristles, animal casings, apiculture products, dried bones and products, raw
materials for pharmaceuticals, serum, dog chews, plus all plant health certificates:

USDA’s Animal & Plant Health Inspection Service (APHIS)

http://www.aphis.usda.gov/wps/portal/aphis/ourfocus/importexport
USDA APHIS | Plant Health Export Information

U.S. competent authority for seafood certification: National Oceanic and Atmospheric Administration
Export Certification to the European Union | NOAA Fisheries

B. Inspections

Some products can only come into the UK, through specific ports. For example, animal products (such
as meat, dairy foods, and fish) can only enter through a port or airport that is a Border Control Post.
Some plant material and other foods that are not of animal origin have similar rules, see: High-risk food
inspections and entry procedures. Further information on UK border inspection posts can be found at:
Point of Entry Information

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Upon entry to the UK, there are three levels of consignment check carried out – documentary, identity
and physical.

In the documentary check, the health certificates and any accompanying laboratory test results are
checked for authenticity and cross-matched with the details of the commercial documents to ensure that
they relate to the consignment.

The identity check involves the inspection of the consignment, checking the container seals and often
the packaging of the goods to ensure that the goods match the information on the certification. Labeling
and health marking will also be checked.

The physical inspection of the goods involves the inspection of the product. The packaging will be
opened, and the product examined to ensure that it is safe to eat and that it is the same product as
certified. Where appropriate, the inspector will make an organoleptic (sight, smell, taste) assessment of
the product. Samples may also be taken for laboratory assessment.

All consignments of controlled goods are subject to at least a documentary check. Other inspections will
be applied randomly in accordance with the inspection quotas that are dependent upon the risk attributed
to the product.

The UK has adopted EU rules related to Commission Implementing Regulation (EU) 2019/1793 that
prescribe the level of physical checks for high-risk food and feed products of non-animal origin by
country of origin. This Regulation consolidates controls for products of non-animal origin, including
aflatoxins, pesticide residues, guar gum and microbiological contamination.

For imports from non-EU countries to GB from August 30, 2024, please see the Border Operating
Model and review the guidance on product risk categories and related rules for animals and animal
products as well as the risk categories for plants and plant products. Please also review this Attaché
Report.

Rules and regulations for importing food for human consumption to GB are available at the links below:

 Importing high risk foods

 Importing products of animal origin
 Importing products of non-animal origin
 Importing fishery products or bivalve molluscs
 Importing composite products
 Importing wine
 Foodstuffs with GB import restrictions
 Trade information sheets
From time to time, additional import conditions will be imposed on particular items, mainly on food
safety grounds. This may mean that Port Health Officers must undertake additional checks and sampling
of specific products from a particular country.

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Nuts from the United States can be subject to additional checks. Please see: Importing nuts | FSA

C. Facility Registration

Following full transition from EU membership, the UK now approves establishments to ship products of
animal origin based on submissions from U.S. government agencies. Only products processed in
approved establishments may enter the UK. A list of currently approved U.S. establishments is available
at the following link:

Exporting to Great Britain: establishments approved to export animals and animal products

Should you wish to obtain UK approval for export from the United States, please contact the relevant
U.S. authority for your product as listed under section ‘A. Certification’ above.

D. Product Registration

Certain regulated food and feed products require authorization before they can be sold in the UK.
This authorization will be required for the following regulated product types:

 extraction solvents
 feed additives
 feed for particular nutritional uses (PARNUTS)
 feed (detoxification processes)
 flavorings
 food contact materials (active/intelligent materials)
 food contact materials (plastic additives)
 food contact materials (recycled processes)
 food contact materials (regenerated cellulose film)
 food additives
 food enzymes
 genetically modified organisms as food and feed
 irradiated food
 novel foods (full application)
 novel foods (traditional food notification)
 smoke flavorings

Novel foods are deemed to be foods that have not been widely consumed by people in the UK/EU
before May 1997. The process for application and approval is outlined here:
https://www.food.gov.uk/business-guidance/novel-foods

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Exporters of vitamin-enriched foods or nutritional supplements are advised to check if their product is
deemed to be a medicinal product that needs a license. The Medicines and Healthcare products
Regulatory Agency (MHRA) makes decisions on what is a medicine. MHRA has a ‘borderline products’
review team, see: https://www.gov.uk/guidance/borderline-products-how-to-tell-if-your-product-is-a-
medicine

SECTION VII. OTHER SPECIFIC STANDARDS

E. Novel Foods
UK competent authority: Food Standards Agency
https://www.food.gov.uk/business-guidance/novel-foods

B. Food from Animal Clones

UK competent authority: Food Standards Agency
https://www.food.gov.uk/business-guidance/novel-foods

C. Nanotechnology
UK competent authority: Food Standards Agency
http://www.food.gov.uk

F. Fortified Foods
UK competent authority: Department of Health (England), Welsh Assembly (Wales), Food Standards
Agency (Scotland and Northern Ireland)
Guidance on fortified foods

E. Dietetic or Special Use Foods

Notification for new products is required.
UK competent authority: Department of Health (England), Welsh Assembly (Wales), Food Standards
Agency (Scotland and Northern Ireland)
Infant Formula and Foods for Particular Nutritional Uses

F. Food Supplements
UK competent authority: Food Standards Agency and/or Medicines and Healthcare Regulatory Agency
https://www.food.gov.uk/business-guidance/food-supplements
https://www.gov.uk/guidance/borderline-products-how-to-tell-if-your-product-is-a-medicine

G. Irradiated Foodstuffs
UK competent authority: Food Standards Agency
https://www.food.gov.uk/safety-hygiene/irradiated-food

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H. Seafood
UK competent authority: Food Standards Agency
http://www.food.gov.uk/business-industry/fish-shellfish/

U.S. competent authority: National Oceanic and Atmospheric Administration (NOAA)

NOAA Export Certification to the European Union

I. Pet Food
UK competent authority: Food Standards Agency
Pet Food Information

J. Vegetarian and Vegan Foods

If a U.S. plant-based product has a name usually associated with a meat product, the name should be
checked by the importer with their local Trading Standards office.

The use of terms such as milk, cheese, cream, yogurt is protected so they may only be used for the
associated dairy products and not misused to describe non-dairy produce.

SECTION VIII. COPYRIGHT/TRADEMARK LAWS

The UK’s Intellectual Property Office (IPO) is the official government body responsible for granting
patents, designs, trademarks, and copyright. Exporters wanting to register trademarks/brand names are
advised to contact:

Intellectual Property Office

Concept House, Cardiff Road
Newport, Gwent NP10 8QQ
Tel: 011 44 1633 814000
Fax 011 44 1633 817777
Email: [email protected]
Website: Intellectual Property Office

You can also protect the intellectual property rights of your products in the EU by applying for either a
Trade mark or an EU Collective Mark.

In January 2021, the UK introduced its own geographical indication (GI) scheme. It is based on the three
types under the EU scheme: Protected Geographical Indications (PGI), Protected Designation of Origin
(PDO) and Traditional Specialty Guaranteed (TSG). Please see: Protecting food and drink names: UK
GI schemes.

20
GI protection has continued after January 1, 2021, for products named in EU free trade agreements
where the UK has signed a continuity agreement, and other EU third country sectoral agreements where
the UK has signed a continuity agreement.

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SECTION IX. IMPORT PROCEDURES

UK importers, or appointed agents, customarily handle all import procedures. The following information
is provided to assist U.S. exporters in understanding the procedures, timeframes and costs that are
involved in importing into the UK.

A simple overview of the steps involved in bringing products into the UK is provided here:
https://www.gov.uk/import-goods-outside-eu

Advice is available at: https://www.gov.uk/topic/business-tax/import-export

The Customs Handling of Import and Export Freight (CHIEF) system has historically recorded the
movement of goods by land, air, and sea. It allows importers, exporters and freight forwarders to
complete customs formalities electronically and automatically checks for entry errors. The UK’s
departure from the EU has meant a new system has been introduced called the “Customs Declaration
Service (CDS)”. CHIEF and CDS systems will run in tandem until March 2024, please see: CHIEF and
CDS and Customs Declaration Completion Requirements.

In addition to the above paperwork, U.S. products may require import licenses or health certificates.
This particularly applies to certain plant materials, red meat, dairy, seafood and honey – see Defra’s
APHA website for further information: Live animal or animal product imports into the UK

All imported goods can potentially be examined by Customs. In practice, if the product is not subject to
special measures, less than five percent are physically inspected. If goods are selected for examination,
the opening, unpacking, and re-packing must normally be done by employees of the dock company or an
agent of the importer. The examination of goods normally occurs at the place where they are being
declared for importation.

Customs duties and other charges that are due must be paid, deferred, or secured before the goods are
cleared by Customs. It is advisable to show invoices with no freight costs incorporated, only the value of
the imported goods, as import duty will be charged on the total amount presented for that shipment.
Charges payable on imported goods may include:

- import duties
- ‘additional duties’ on flour and sugar
- ‘countervailing charges’ on fruit and vegetables
- ‘variable charges’ on processed goods
- ‘compensatory charges’ on oils and fats
- ‘extra charges’ on eggs, poultry, or pig meat
- ‘sugar levies’ on processed goods with sugar in them
- Value Added Tax (VAT)
- excise duty on alcoholic beverages

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Charges payable are linked to the Commodity Code (similar to an HS code, but usually to the ten-digit
level) for a particular product. U.S. exporters will need to help the UK importer find out what the
Commodity Code is for traded product, and what the associated import duty is likely to be. This will be
necessary to determine a pricing strategy for the product.

Obtaining a Commodity Code and Relevant Import Duty

To obtain the Commodity Code (and related import duty/VAT payable) for your product, consult the
UK Trade Tariff online tool here: Trade Tariff tool to find a commodity code, this code should be the
same throughout the EU. It is also possible to obtain a written ruling on the product’s Commodity Code
known as Binding Tariff Information (BTI). This service is advisable for more complex food products,
as it involves closer consideration of the product’s composite ingredients and is legally binding. See
information on Classifying Your Goods at: About Binding Tariff Information

In connection with exit from the EU, the UK has published a Global Tariff of import duties linked to
commodity codes. It is a simplification of the EU’s tariff regime, with some rounding down (with the
conversion from Euros to British Pounds) and some reduction on tariffs for non-sensitive products. See:
UK Trade Tariff

Value Added Tax (VAT)

The UK standard rate of Value Added Tax (VAT) is 20 percent. While UK foodservice outlets must
charge the standard rate of VAT on everything they serve, retail food products, in general, do not have
VAT on them.

However, some exceptions that do incur VAT are:

- Ice Cream and similar products, and mixes for using them
- Confectionery
- Alcoholic beverages
- Other beverages, and preparations for making them
- Potato chips (crisps) roasted or salted nuts, and some other savory snack products
- Products for home brewing and wine making

VAT can also be a value located somewhere between the Standard (S = 20 percent) and the Zero (Z = 0
percent) rates. See more at: https://www.gov.uk/topic/business-tax/vat

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Excise Duties

Alcohol Excise Duty

Class or description Rate of excise duty
Wine
Wine less than 3.5% ABV £9.27 per liter of alcohol

Wine at least 3.5%ABV but less than 8.5% ABV £24.77 per liter of alcohol

Wine at least 8.5% ABV but not exceeding 22% ABV (check wine
definitions and notes) £28.50 per liter of alcohol

Wine exceeding 22% ABV £31.64 per liter of alcohol

Beer
Beer less than 3.5% ABV £9.27 per liter of alcohol

Beer at least 3.5% ABV but less than 8.5% ABV £21.01 per liter of alcohol

Beer at least 8.5% ABV but not exceeding 22% ABV £28.50 per liter of alcohol

Beer exceeding 22% ABV £31.64 per liter of alcohol

Cider
Cider less than 3.5%ABV £9.27 per liter of alcohol

Cider at least 3.5% ABV but less than 8.5% ABV, and sparkling
cider at least 3.5% ABV not exceeding 5.5% ABV £9.67 per liter of alcohol

Sparkling cider exceeding 5.5% ABV but less than 8.5% ABV £24.77 per liter of alcohol
Spirits
Spirits less than 3.5% ABV £9.27 per liter of alcohol

Spirits at least 3.5% ABV but less than 8.5% ABV £24.77 per liter of alcohol

Spirits at least 8.5% ABV but not exceeding 22% ABV £28.50 per liter of alcohol

Spirits exceeding 22% ABV £31.64 per liter of alcohol

The above table is an excerpt from information given by H.M. Revenue & Customs at: UK Excise Rates
and Allowances. A new alcohol duty system entered effect August 1, 2023. The new system applies the
same duty bands across different alcoholic products based on the rate per liter of alcohol in the beverage

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and provides some relief to low alcohol products while penalizing some products with higher alcoholic
content.

The UK government calls this an alcohol duty, but it may be thought of as an excise tax charged at the
point of production or importation of drinks of alcoholic strength exceeding 1.2 percent alcohol by
volume (ABV) – the percentage of pure alcohol per liter of product. The new system aims to simplify
alcoholic beverage taxes to make them more consistent across different alcohol types whereas the
previous system applied different rates for different alcohol types. This supports UK public health goals
by encouraging consumers to reduce their alcohol consumption and producers to reduce the ABV of
their beverages by taxing alcohol based on its strength. As a result, beverages with higher ABV have
higher taxes while beverages with lower ABV have lower taxes. The alcohol taxes apply equally to all
alcoholic beverages sold in the UK, regardless of country of origin.

For more information, please review the Attaché Report.

SECTION X. Trade Facilitation

A. Advance Rulings
Advance rulings can be obtained on commodity codes and relevant import duties. Please see section
above on Obtaining a Commodity Code and Relevant Import Duty. Advance rulings can also be
obtained with regard to whether or not a product requires a health certificate by contacting the relevant
section of the UK’s Animal and Plant Health Agency.

B. Pre-Clearance Program
The UK has implemented the EU Official Controls Regulation (OCR - Regulation (EU) 2017/625). The
OCR permits (following a formal government to government consideration and approval process) pre-
export controls to be performed by third countries. Currently, the U.S. almond industry has a pre-export
clearance program (PEC) led by the Almond Board of California and administered by USDA’s
Agricultural Marketing Service. When a PEC has been agreed, UK Port Health authorities are directed
to subject consignments covered by the regulation and accompanied by the appropriate U.S.
Government Pre-Export Check (PEC) certificate to a less than 1 percent control level at the border. The
PEC program is voluntary. A PEC certificate is not a requirement for import into the UK (EU).
However, shipments without a PEC certificate do not benefit from the reduced inspection levels upon
arrival at the border.

C. Electronic Certificates
The UK implementation of the OCR also provides the legal basis for the general acceptance of
electronic certificates. For plant products, the UK can receive U.S. e-Phytos sent via the Hub created by
the International Plant Protection Convention (IPPC). Please also read: Importing plants, fruit,
vegetables, cut flowers and other regulated objects to the UK

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For other commodities, there is currently no link from the respective systems U.S. Government
Agencies uses to issue electronic certificates to the UK authorities. In absence of such a connection,
paper certificates are required to satisfy the requirement for an original certificate with an ink signature.

D. Import and Inspection Fees

Each Port has a schedule of fees. For example, visit this link for Port of Felixstowe (Suffolk Coastal Port
Health Authority) charges: Fees

Regulatory background that provides legal basis for fees:

UK Plant Health Controls
Import of Meat Products for Human Consumption from Third Countries (defra.gov.uk)
Importing products of animal origin | Food Standards Agency

E. Average Release Times at Port – Common Delays

The average release time for products depends on the port of import. The main ports in the UK are
organized in an efficient way to perform customs formalities as well as the necessary veterinary and
plant inspections. Incomplete or incorrect certification generally leads to delays in the clearance of
goods, mainly in products of animal origin or composite products. Delays result in additional demurrage
charges. There may also be additional charges for splitting out pallets - if there are multiple shipments
within one container, and just one shipment has incorrect paperwork. These delays can be 1-2 weeks,
perhaps longer in some cases.

F. Duplicative Inspections
Inspections on imported foods are concentrated at UK ports. Once goods have passed inspection and
customs duties are paid, they can move freely throughout the UK. However, official controls and
scrutiny by the FSA and Trading Standards Departments remain possible at any stage of distribution.

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APPENDIX 1. – Government Regulatory Agency Contacts

USDA/Foreign Agricultural Service

Embassy of the United States
Box 48, 33 Nine Elms Lane
London, SW11 7US
Tel: +44 (0) 20 7891 3313
Email: [email protected]
Web: FAS USDA London

Association of Port Health Authorities (APHA)

225 Hale Road
Hale
Altrincham, WA15 8DN
Tel: +44 (0) 161 872 6667
Email: [email protected]
Web: http://www.porthealthassociation.co.uk/

Department for Environment, Food & Rural Affairs (Defra)

Seacole Building
2 Marsham Street
London SW1P 4DF
Tel: +44 (0) 20 7270 3000
Contact emails for all sections: https://www.gov.uk/guidance/contact-defra
Web: Defra

Department for
Business & Trade
Old Admiralty Building
Admiralty Place
London
SW1A 2DY
United Kingdom
Tel: +44 (0) 20 4551 0011
mailto:[email protected] Contact via webform: Enquiries from overseas businesses
Web: DBT (For weights & measures legislation)

Food Standards Agency (FSA)

Floors 6 and 7, Clive House
70 Petty France

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London SW1H 9EX
Telephone: +44 (0) 330 332 7149
Email: [email protected]
Web: www.food.gov.uk

H.M. Customs and Revenue (HMRC)

CITEX Written Enquiry Team
International inquiries should use the online form here: International Trade Enquiries

The Stationery Office (TSO)

Tel orders: +44 (0) 870 242 2345 (To buy copies of UK legislation)
Website orders: https://www.tsoshop.co.uk/

The National Archives

Web: http://www.legislation.gov.uk/
(To view web copies of UK legislation)

Rural Payments Agency

PO Box 69
Reading
RG1 3YD
Email: [email protected]
Web: https://www.gov.uk/government/organisations/rural-payments-agency

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APPENDIX II. – Other Import Specialist Contacts

UK Trade Associations

Fresh Produce Consortium

Minerva House
Minerva Business Park
Lynch Wood
Peterborough PE2 6FT
Tel: +44 (0) 1733 237117
E-mail: [email protected]
Web: www.freshproduce.org.uk

British Frozen Food Federation

Warwick House,Unit 7, Long Bennington Business Park,
Main Road, Long Bennington, Newark, NG23 5JR
Tel: +44 (0) 1400 283090
E-mail: [email protected]
Web: www.bfff.co.uk

Food and Drink Federation

6th Floor, 10 Bloomsbury Way
London, WC1A 2SL
Tel: +44 (0) 20 7836 2460
E-mail: [email protected]
Web: www.fdf.org.uk

Grain & Feed Trade Association

GAFTA House
9 Lincoln’s Inn Fields
London WC2A 3BP
Tel: +44 (0) 20 7814 9666
Email: [email protected]
Web: http://www.gafta.com/www.gafta.com

Health Food Manufacturer’s Association

1 Wolsey Road
East Molesey
Surrey KT8 9EL
Tel: +44 (0) 20 8481 7100
E-mail: [email protected]
Web: www.hfma.co.uk

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Institute of Grocery Distribution
Grange Lane
Letchmore Heath
Watford, Hertshire WD2 8DQ
Tel: +44 (0) 1923 857141
Email: [email protected]
Web: www.igd.com

UK Flour Millers (formerly National Association of British & Irish Millers)

21 Arlington Street
London, SW1A 1RN
Tel: +44 (0) 207 493 2521
Email: [email protected]
Web: www.ukflourmillers.org

Food Law & Labeling Specialists

Berry Ottaway & Associates Ltd

Investment House
22-26 Celtic Court
Ballmoor, Buckingham MK18 1RQ
Contact: Sam Jennings, Consultant
Tel: +44 (0) 1559 362 109
Email: [email protected]
Web: http://www.berryottaway.co.uk/

Campden BRI
Chipping Campden
Gloucestershire GL55 6LD
Tel: +44 (0) 1386 842000
Email: [email protected]
Web: www.campdenbri.co.uk

DWF LLP
20 Fenchurch Street
London WC3M 3AG
Contact: Dominic Watkins, Partner, Head of Consumer Sector
Tel: +44 (0) 20 7645 9591
Email: [email protected]
Web: www.dwf.law

Kenneth Mitchell
Euro Fine Foods
High Street
Uffington, Oxon SN7 7RP

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United Kingdom
Tel: +44 (0) 1367 820771
Contact: Kenneth Mitchell
Email: [email protected]
Web: www.eurofinefoods.co.uk

Leatherhead Food International

Great Burgh, Yew Tree Bottom Road
Epsom
Surrey KT18 5XT
Tel: +44 (0) 1372 376761
Email: [email protected]
Web: www.leatherheadfood.com

Shoosmiths Solicitors
The Lakes
Northampton
NN4 7SH
Tel: +44 (0) 3700 863 000
Email: [email protected]
Web: www.shoosmiths.co.uk

Testing Laboratories

ALS Food and Pharmaceutical

Torrington Avenue, Coventry,
CV4 9GU, UK
Tel: +44 (0) 1354 697 028
Email: [email protected]
Website: www.als-testing.co.uk

Campden BRI
Chipping Campden
Gloucestershire GL55 6LD
Tel: +44 (0) 1386 842291
Email: [email protected]
Web: www.campdenbri.co.uk

Eurofins Food Testing

Valiant Way
WV9 5GB Wolverhampton
Tel: +44 (0) 845 604 6740
Email: [email protected]
Web: www.eurofins.co.uk or https://www.eurofins.co.uk/food-testing/

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Leatherhead Food International
Great Burgh Yew Tree Bottom Road
Epsom, KT18 5XT
Tel: +44 (0) 1372 376761
Email: [email protected]
Web: www.leatherheadfood.com

Reading Scientific Services (RSSL)

Readings Science Centre
Whiteknights Campus
Pepper Lane
Reading, Berkshire RG6 6LA
Tel: +44 (0) 118 918 4000
Email: [email protected]
Web: www.rssl.com

RHM Technology (Premier Analytical Services)

The Lord Rank Centre
Lincoln Road
High Wycombe
Buckinghamshire HP12 3QR
Tel: +44 (0) 1494 809600
Email Enquiries: https://www.paslabs.co.uk/contact-us/
Web: https://www.paslabs.co.uk/

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