Your Updated Guide to Sanitary and Phytosanitary Checks

As the trading world slowly gets back to normal in the wake of COVID-19, businesses re-emerge into something of an uncertain landscape.

Aside from the pandemic, the shifting sands of international trade are complicated by various other factors: the ongoing impact of Brexit, economic instability and geopolitical instability, to name a few, all have an impact on even the most basic rules of the industry.

It’s no surprise, then, when government legislation is pushed back in the calendar. One such example was the UK government’s new approach to SPS (sanitary and phytosanitary) checks on agri-food imports, which came earlier this year.

Physical checks on relevant products, including animals, animal products, plants, plant products – or other products that may affect animal and plant health – were slated to begin on 1 July 2022. But on 28 April 2022 Jacob Rees-Mogg (then Brexit opportunities minister), pushed back the full measure of import controls until (at the time of writing) the end of 2023. Meanwhile, the controls introduced in January 2021 (on the highest-risk products) remained, and continue to remain, in place.

Clearly – or, perhaps, not so – ensuring that your business and cross-border operations are always in compliance can be troublesome, time-consuming and difficult, to say the least. That’s the reason why we at clearBorder, expert consultants in international trade, offer specialist import/export guidance along with professional-standard trade training courses. It’s also why we have put together this blog post. We’ll be taking a closer look at SPS checks, what did and what didn’t change this year, and the ways various UK bodies reacted to it all.

What are Sanitary and Phytosanitary Checks?

To a greater or lesser degree, every country on earth takes measures to ensure that the food it imports is safe for consumers. Part of this means taking steps to prevent the spread of pests and/or diseases among animals and plants. In this way, governments endeavour to protect animal health, protect human health and protect plant health.

These steps are known as sanitary and phytosanitary measures, sometimes abbreviated as SPS. In the words of the World Trade Organization:

“These sanitary and phytosanitary measures can take many forms, such as requiring products to come from disease-free areas, inspection of products, specific treatment or processing of products, setting of allowable maximum levels of pesticide residues or permitted use of only certain additives in food.”

– WTO Agreement on the Application of Sanitary and Phytosanitary Measures, 1998

These checks and measures make it necessary for some importers/exporters to obtain an export health certificate and phytosanitary certificate in order to pass a border control post. The SPS agreement calls for these commercial documents to ensure food safety standards; it is this official certification that allows companies to trade and uphold international standards of food health and hygiene.

What Changed in 2022?

The UK government confirmed on 28 April that it will not impose a physical inspection on agri-food from the EU; that is, products derived from animals and regulated plants, as well as the animals and plants themselves.

These checks were initially due to have begun on 1 July, and at the time of writing, has been delayed until the end of 2023. Jacob Rees-Mogg, then Brexit opportunities minister, referenced the cost of living crisis and the war in Ukraine in a statement, along with the administration’s reluctance to “impose new administrative burdens and risk disruption at ports and to supply chains at this point.”

So where did that leave importers and exporters?

Well, the government stated its intent to use the time – approximately 20 months – to lay groundwork for digital customs and sanitary checks on EU imports. By 2023, the UK government wants to computerise SPS checks on relevant products of plant or animal origin from the EU, though it is unclear how or if this will affect imports/exports concerning non-EU countries.

When he spoke on this new digital strategy, Jacob Rees-Mogg said it will work by “accelerating our transformative programme to digitise Britain’s borders, harnessing new technologies and data to reduce friction and costs for businesses and consumers.”

The UK government also stressed that this new approach aimed to consolidate and augment the work already underway as part of the 2025 Border Strategy. In part, this included the establishment of the UK Single Trade Window – a digital initiative to help UK-based traders transport goods around the world.

Complying with Public, Animal and Plant Health Regulations: What You Need to Know

Before the government announcement on 28 April, the plan was for physical checks on meat imports, plants and plant-derived products to commence on 1 July 2022. From there, dairy products would undergo physical inspections from 1 September, and all other relevant foods (including fish and composite foods) would be subject to the same checks from 1 November.

We now know that this did not happen – but what of the old strategy remained, and what changed? What do you need to do now?

For importers

Imports from outside the EU face the full range of UK import controls. Our online course for Border Ready Food and Animal Products can train your teams in the requirements.

If you’re a company that imports food, plant or animal products from the EU, however, the existing light-touch controls introduced after Brexit remain in place.

UK authorities continued to carry out the phytosanitary controls brought in in January 2021 on high-risk categories of live animals and animal-derived products not intended for human consumption (but which may still pose a threat to public health).

Similarly, checks on high-risk plants and plant-derived products continued. The difference here was that these checks now occur at the destination, rather than at a BCP, as originally planned. Any product in this category still required phytosanitary certification.

As it has since January 2022, DEFRA (The Department for Environment, Food & Rural Affairs) needs to be notified of SPS imports into IPAFFS (import of products, animals, food and feed system).

However, the 28 April announcement continued the suspension of:

• In-person, certification or identity checks on SPS imports from EU countries at Great Britain’s borders (this does not include Northern Ireland, which is subject to the Northern Ireland Protocol)
• ENS (safety and security) declarations
• Export Health Certificates for animal-origin products, or phytosanitary certification for plants/ plant-derived products
• Restrictions on the import of chilled meats

For exporters

The picture for exporters was considerably simpler. Essentially, all existing legislation applied as before.

The pre-announcement legislation concerning the export of SPS goods from Great Britain (again, not including Northern Ireland) to the European Union remained in place. These controls were ushered in on 1 January 2021, when the Brexit EU withdrawal agreement came into effect.

What Was the Reaction?

As you might imagine, the reaction to the government’s change of tack was mixed. Here, we’ve selected a cross-section of the reception, curated to give you a balanced view of opinion around UK industries and entities at the time.

Port operators

Generally, port operators were unsettled by the news. Tim Morris, chief executive of the UK Major Ports Group, told the Financial Times that the delay represented huge revenue wastage, with operators having invested heavily in “highly bespoke white elephants.”

The Daily Telegraph reported that the announcement risked “a row with ports which have spent millions building new facilities to inspect goods.”

Institute of Export & International Trade

The IOE&IT, however, took a different perspective, one that was sympathetic and broadly in agreement with the government’s decision. Marco Forgione, director general, said: “given the pressures on businesses and families at this time, we understand why the government has taken the step of moving the implementation of these checks into 2023.”

European Commission

The EC, meanwhile, abstained to comment on the UK’s legislative shift. “This is a UK decision regarding its own border and therefore we have no comment to make,” a spokesperson said.

Food and drinks manufacturers

The head of international trade at the Food and Drink Federation, Dominic Goudie, was broadly positive in response to the SPS legislature – but added a word of warning, noting that the UK should use the time to improve cross-border processes. He noted that it is “critical that real changes are made to the way SPS certification is completed, rewarding trusted and high standard traders.”

Vets, farmers and animal workers

Organisations and employees in direct contact with animals as part of their work met the announcement with incredulity and barely-concealed anger.

The British Veterinary Association declared that the strategy shift constituted an insult, coming as it did so soon after various government ministers had committed to the protection of human and animal health. It cited the recent impact of diseases such as swine flu to argue for much more stringent checks.

Senior VP James Russell, said that the BVA “urge[d] the government to abandon these plans and close off the threat of causing significant damage to our food and farming industries.”

Where to Find Guidance on Export Health Certificates and More

Ultimately though, the government did not withdraw its updated SPS strategy, and is highly unlikely to do so in the future. UK traders, organisations and entities were faced with the prospect of accustoming themselves to the new legislation, and making sure that their work did/does not contravene or misinterpret these regulations.

When he spoke on the government’s plan, Jacob Rees-Mogg reaffirmed the commitment to “ensuring the process for importing goods remains safe, secure and efficient and will harness innovative new technologies to streamline future processes and reduce frictions.”

The bottom line is that with SPS checks, if you’re an importer or exporter of products related to plant health, animal health, or public health as a consequence of plant/animal products, it’s your ongoing responsibility to stay on top of all the pertinent regulations. And that’s where clearBorder can help. Our specialist consultancy services can help your organisation seamlessly adapt operations, data and systems with tailored advice, helping you to boost efficiency and ensure ongoing legislative compliance.

For a free consultation to discuss your needs for sanitary and phytosanitary checks to get your team border-ready, get in touch with us directly.