The UK Food Standards Agency (FSA) has proposed reforms to Regulated Products Services (RPS), and the agency is currently drafting legislation that will be subject to public consultation. The changes aim to remove red tape from the current process left over from EU law after the UK leaves the EU. The resource-intensive nature and bureaucracy of the current process does not allow for much flexibility, hampering the FSA's ability to respond to the growing number of product authorization applications.
Regulated food and feed products require authorization before they can be sold in the UK. The RPS current number of applications is 450 applications submitted after 1 January 2021, after the end of the Brexit transition period. The FSA has only completed 63 applications to date, with applications taking an average of approximately 2.5 years from submission to completion. Based on current inflows, resources and processes, the FSA expects to continue to receive more than 570 applications by March 2026.
The proposed legislative changes to the RPS that would enable the FSA to process its cases more efficiently include:
Removal of authorization renewal requirements: According to EU law, authorizations for smoked flavorings, feed additives, genetically modified foods and feed must be renewed every 10 years. The FSA estimates that 22% of RPS matters currently consist of applications solely for the renewal of existing authorizations. Since taking over administration of authorizations in 2021, the FSA has yet to refuse any renewal applications it has received. At the same time, the FSA can review existing authorizations if, through the risk analysis process, new evidence emerges about the safety of the product. Removing the renewal requirement would bring the regulation of these products in line with how the FSA regulates other food and feed products. This means we have the authority to reconsider the authorization of a product at any time based on risk. Eliminating the need for statutory measures: After completing the risk assessment, the FSA will make a recommendation to UK Ministers, who will decide whether to approve the product. The current process requires that, after approval by UK national ministers, a Statutory Instrument (SI) is established to legally confirm this decision, either through a list of regulated product regime legislation or the individual SI authorizing the product. . . Eliminating the need for an SI and replacing it with a publicly available official register subject to ministerial approval would simplify the authorization process.
This reform has been submitted to the FSA Board for comment and discussion. The FSA is working to deliver these legislative changes ahead of the general election, which must be held by 28 January 2025 at the latest.
