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FNAO High Risk Foods

Eu Exit > Imported Food > FNAO High Risk Foods

What Is The Legal Basis?

A ‘high-risk’ product is feed or food that is either a known, or an emerging, risk to public health.  Specific emergency controls are in place for certain Food Products Not of Animal Origin from specified countries to reduce known human or animal health risks.

Where emergency controls exist, there is usually a requirement for the Port Health Authority to conduct documentary checks and sampling for analysis or examination.

‘High-Risk’ Products of non-animal origin under Regulation (EC) No 669/2009
imports of certain feed and food of non-animal origin, from certain non-EU countries, that are considered to be ‘high-risk’ can only enter the UK through specific ports and airports approved as Designated Points of Entry (DPE’s) where official controls will be carried out.

A list of the ‘high-risk’ products, country of origin and the frequency of checks can be found at Annex I of Commission Regulation (EC) 669/2009.  The annex to 669/2009 changes quarterly with entries being removed and new entries added.

Aflatoxin contamination of products of non-animal origin under Regulation (EC) No 1152/2009
Commission Regulation (EC) No 1152/2009 imposes special conditions governing the import of certain foodstuffs from certain non-EU countries due to contamination risk by aflatoxins.

Plastic kitchenware from China and Hong Kong under Regulation (EU) No 284/2011
Commission Regulation (EU) No 284/2011 lays down specific conditions and detailed procedures for the importation of polyamide and or melamine plastic kitchenware originating in or consigned from the People’s Republic of China (China) and Hong Kong Special Administrative Region of the People’s Republic of China (Hong Kong).

What Products Fall Into This Category?

Legislation Relates To: Examples of Products
Regulation (EC)
No 669/2009
High Risk Products of non-animal origin
  • Dried Noodles from China
  • Turmeric from India falling with CN Code 0910 30 00
  • Tea, whether or not flavoured, from China falling with CN Code 0902
Regulation (EC)
No 1152/2009
Aflatoxin contamination of products of non-animal origin
  • Brazil nuts in shell falling within category CN code 0801 21 00;
  • Groundnuts from China falling within CN code 1202 41 00 or 1202 42 00;
  • Dried figs from Turkey falling within CN code 0804 20 90;
Regulation (EC)
No 284/2011
Plastic kitchenware from China and Hong Kong
  • Plastic kitchenware is defined as plastic materials and articles which, in the finished product state, are intended to come into contact (or are brought into contact) with foodstuffs; and are intended for that purpose falling under CN code 3924 10 00

For more information relating to banned or restricted products please visit the Food Standards Agency website.

What Documentation Do I Require?

Legislation Relates To: Documents
Regulation (EC)
No 669/2009
High Risk Products of non-animal origin
  • Common Entry Document
Regulation (EC)
No 1152/2009
Aflatoxin contamination of products of non-animal origin
  • Common Entry Document
  • Official Documentation (such as Health Certificate/VASP)
Regulation (EC)
No 284/2011
Plastic kitchenware from China and Hong Kong
  • Plastics Declaration Document (signed by the Importer not the agent)
  • Commercial Documents (copy bill of lading, invoice, packing list)
  • Analytical results

CEDs should be completed using TRACES.

Pre Notifying And Payment To The Authority

Pre notification
Regulation (EC) No 669/2009 and Regulation (EC) No 1152/2009 states that the Designated Point of Entry (DPE) / Designated Point of Introduction (DPI) should be pre-notified at least one working day before the physical arrival of the consignment by completing Part 1 of the Common Entry Document (CED)

Regulation (EC) No 284/2011 states that pre-notification to the competent authority at the First Point of Introduction (FPI), should be made at least two working days in advance of the estimated date and time of physical arrival of consignments

Fees will be payable to the Authority where these controls apply and will not be higher than the costs incurred by the authority; this includes recharging of any sampling costs.

What Official Checks Are Carried Out On My Consignment?

Documentary Check
The documentary check is the assessment of the official documentation and accompanying commercial documents, which may include bills of lading, invoices and packing lists.  100% of consignments are subject to documentary checks.

Identity Check
100% consignments are also subject to identity checks which involves the verification that the product, health marks, stamps and other necessary product and or package information conforms to the accompanying documentation.

Physical Check
Consignments may also be physically checked and sampled. The physical check may include sampling the product to look for pathogenic micro-organisms or illegal contaminants such as aflatoxins, pesticides and other banned substances/contaminants. 

Completion Of Official Checks

Satisfactory Checks
Completion of satisfactory official checks will allow for the product to be released into free circulation within the European Community.

Unsatisfactory Checks
If your products fail any of the import conditions they may be either:
  • Sent for special treatment; the food maybe treated ort processed to bring it in line with Community Law (or with the requirements of the third country of dispatch),
  • Sent for other appropriate measures; non compliant consignments may undergo processing for use for purposes other than animal or human consumption,
  • Re-dispatched to a country outside of the EU.
  • If the consignment is deemed to be a risk to human/animal health, or where there is a failure to re-dispatch the product following failure of checks, the consignment will be sent for destruction by incineration.

All costs for destruction are to be met by the person responsible for the consignment.