Council responds to FSA consultation on ‘non-compliant’ food sales like American candy

Antrim and Newtownabbey Borough Council has responded to a Food Standards Agency (FSA) consultation on how to deal with the sale of “non-compliant” foodstuffs, such as American imported candy.

The FSA is seeking views on new guidance designed to help local authorities identify and address so-called “grey market” food products that are not intended for sale in the UK.

Speaking at a meeting of the council’s Operations Committee at Antrim Civic Centre on Monday evening, Colin Kelly, Head of Environmental Health and Wellbeing, told councillors that such items are often imported foods, “quite often American candy”.

Mr Kelly explained that some of these foods contain “additives or preservatives not permitted in the UK”.

According to the FSA, “non-compliant grey market goods” most commonly identified include confectionery, breakfast cereals, bakery products, soft drinks and food supplements.

A report presented to the committee stated:

“Grey market foods not intended for the UK market may contain unauthorised or excessive additives, fail to meet UK compositional standards, or lack allergen information.

“More clarity is needed on when to use different legal powers and what options are available – for example, returning, destroying, or treating products.”

The report also highlighted the need for guidance on handling products containing allergens that are not labelled in English, and whether such items should be removed from sale.

It further suggested that councils would welcome the option of issuing fixed penalty notices for offences such as labelling breaches.

Airport Sinn Féin Councillor Annemarie Logue raised concerns about foods purchased from online retail platforms, particularly in relation to allergens.

Mr Kelly acknowledged that the issue is “quite difficult”, noting that there remains a legal responsibility for what is sold on online retail platforms. He added that there are additional challenges with imports from developing countries.

“It is a difficult area and remains a challenge,” he said.

“A lot of it will be around educating consumers about what is legitimate in terms of describing food. The difficulty is labelling in a different language.”