poultrymeat marketing rules

Recent amendments to the EU rules governing the marketing of poultrymeat which were introduced as a result of increased consumption of poultrymeat in the form of meat preparations and products came into force on 1 May 2010.

These changes, which were opposed by the UK, extend the scope of the poultrymeat marketing legislation to apply to poultrymeat preparations as well as poultrymeat itself. The definitions of fresh and frozen poultrymeat are also amended.

This means that poultrymeat preparations as well as poultrymeat should be marketed as ‘fresh’, ‘frozen’, or ‘quick-frozen’. Furthermore, the requirement that if sold as ‘fresh’, poultrymeat should not have been previously frozen now also applies to poultrymeat preparations. In practice these amendments will effectively remove chilled poultrymeat preparations from the market by requiring them to be sold in a frozen state. These changes affect all those in the UK involved in the production, slaughter, processing, wholesale and retail sale and purchase of poultrymeat. Importers are also affected because if poultrymeat imported from third countries has been frozen it can only be marketed in that state and not defrosted then used in poultrymeat preparations sold as chilled.

As poultrymeat products and poultrymeat preparations are now treated differently by the rules, DEFRA has been attempting to obtain clear guidance on this issue from the Commission. Until this clarification is received, DEFRA has issued interim guidance to industry as follows:

  • Products, ie entirely/thoroughly cooked dishes may be manufactured using fresh, frozen or previously frozen poultrymeat and may be sold chilled or frozen.
  • Preparations, ie thighs, wings, breast meat, minced meat etc with additional foodstuffs, coating etc and not entirely/thoroughly cooked may be manufactured from:
  1. Fresh poultrymeat and sold as fresh or frozen poultrymeat preparations; or
  2. Frozen poultrymeat and sold as frozen poultrymeat preparations – a preparation cannot be defrosted and refrozen
  • Reformed dishes – their categorisation has still not been clarified

The guidance also reminds manufacturers and retailers that the Food Labelling Regulations still apply especially in relation to the provision of information which if omitted could mislead, eg where a dish has been cooked, partially heated, reformed or contains previously frozen poultrymeat.

DEFRA is also currently consulting on the Poultrymeat (England) Regulations 2010 which will provide the national enforcement powers, offences and penalties relating to the EU Poultrymeat Marketing Standards. These Regulations are due to come into effect on 1 October 2010.

For more information, please contact John Mitchell, partner in Blake Lapthorn's Food law team on 023 8085 7231 or email john.mitchell@bllaw.co.uk.