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An update to the Board on the Food Standards Agency's SPS programme: September 2026

Updated 15 September 2026

Applies to England, Northern Ireland and Wales

Report to the Food Standards Agency (FSA) September 2026 Board meeting.

1 Summary

1.1 This paper provides an update on the FSA’s preparations for a potential UK-EU Sanitary and Phytosanitary (SPS) Agreement. It outlines progress on implementation planning, stakeholder engagement and readiness activities, including work to support local authorities, port health authorities and industry. The paper also seeks the Board’s views on two points relating to transition and implementation within the FSA’s Market Authorisation Service: early alignment, and the approach to prioritisation of applications in the service.

2 Introduction

2.1 This paper builds on the last update provided to the Board in March 2026.

2.2 Since March, work across government to progress an SPS Agreement has continued. Due to the changes in Government over the summer, the UK-EU Summit that was planned for July has been postponed. Negotiations with the EU are at an advanced stage and will conclude as soon as possible.

2.3 Alongside this activity, the FSA’s SPS Programme has continued to develop implementation plans, engage stakeholders and delivery partners, and prepare the systems, processes and capability required to support future delivery.

2.4 This paper seeks views from the Board and provides an update on progress and emerging context since March to support the Board’s consideration of the approach to market authorisations in the evolving SPS landscape.

3 Progress towards an SPS Agreement

3.1 A paper was presented to the Board in March 2026 on the FSA’s role in preparing for a potential UK‑EU SPS Agreement. It set out the Agency’s approach to supporting Government, protecting food safety and maintaining consumer confidence.

It outlined:

• the FSA’s role in supporting cross-government negotiations and preparing for implementation
• the expected direction of travel towards dynamic alignment in SPS areas, and the implications for food and feed policy, including market authorisations
• early planning work to support business readiness, including engagement with industry and other stakeholders
• initial planning across the SPS Programme to develop delivery options and prepare systems, processes and capability ahead of potential implementation.

Overview of progress since March

3.2 Since March, work to progress a potential UK‑EU SPS Agreement has advanced. Negotiations with the EU have continued, with both sides working to develop and refine the detail of the Agreement. As an international treaty, the negotiation of the SPS Agreement is a reserved matter led by the UK Government. The FSA continues to work closely with Defra and other government departments to support negotiations by providing technical advice and assessing the legislative, operational and food safety implications of emerging proposals. Our input to this work reflects FSA’s responsibilities across three parts of the UK, including its broader remit for food standards as well as food and feed safety in Wales and Northern Ireland. We continue to work in close collaboration with colleagues in Food Standards Scotland (FSS) to ensure the implications of any future SPS arrangements are considered across all parts of the UK within our respective remits.

3.3 In tandem with our work to support negotiations, the FSA has been contributing to cross-government work on implementation planning and business readiness activity, which has been informed by our engagement with businesses, local authorities (LAs) and cross-government partners. The feedback we have heard from stakeholders and the work we are doing to prepare for implementation is described in more detail in this paper.

3.4 The FSA is also working with Defra and other government departments to prepare for the legislative changes that may be required to implement a future SPS Agreement, including via the anticipated European Partnership Bill and any associated secondary legislation.

Resourcing

3.5 Funding the implementation of a future SPS Agreement remains a key consideration for the FSA. Following on from our successful bid to His Majesty’s Treasury (HMT) for the current financial year (FY26/27), work is ongoing to consider the funding required for coming financial years (FY28/29 and beyond). This funding will enable FSA to support the resources required for planning and delivery of the SPS Agreement.

4 Stakeholder engagement

4.1 The FSA continues to encourage businesses to prepare for future SPS arrangements while awaiting clarity on the detail of final negotiation outcomes. Alongside cross-government engagement activity, including FSA contributions to Defra-led stakeholder engagement and the cross-government ‘preparing your business’ information published in May, the FSA has continued its own programme of stakeholder engagement since March, including:

• issuing over 600 tailored letters to market authorisation applicants, GB authorisation holders, and trade associations to set out the potential implications of an SPS Agreement and to explain how we intend to manage our caseload of applications for the market authorisation of regulated food and feed prior to implementation of the Agreement, along with running a series of drop-in sessions for applicants
• publication of a special edition of the Market Authorisation newsletter in March 2026, distributed to over 1,500 recipients
• a second series of roundtables held in May - meeting a total of 71 stakeholders - focussed on market authorisations, food safety, hygiene and contaminants, and meat and products of animal origin. A tailored session was also provided for the cannabidiol (CBD) sector.
• engaging with 310 local authority officers at FSA engagement events across England and Wales, with a focus on supporting local authorities to understand the potential implications of an SPS Agreement
• and participation in 16 Port Health Authority meetings to provide an overview of our assumptions on the expected changes to High-Risk Foods Not of Animal Origin (HRFNAO), in relation to the UK-EU SPS Agreement

Industry stakeholder feedback

4.2 Industry stakeholders broadly supported measures that would reduce certification requirements, simplify border processes, lower administrative burdens and improve access to EU markets. Many viewed the reduction of friction associated with Export Health Certificates, border checks and other documentary requirements as the principal benefits of SPS implementation.

4.3 Industry stakeholders also highlighted uncertainty regarding future regulatory requirements, implementation arrangements and UK-EU divergence. Requests for clarity related mostly to transition and exception arrangements, health and ID mark requirements, market authorisations and the scope of the SPS Agreement. From this, industry stakeholders have called for comprehensive guidance to help them understand compliance requirements. FSA is working closely with Defra and other government departments to ensure negotiation outcomes will be clearly communicated.

4.4 We heard from industry stakeholders about the need for sufficient transition periods, phased implementation and sell-through arrangements. The strong message from many trade bodies and businesses has been that they will need sufficient time between the summit and the entry into force of any agreement, to prepare for implementation. We have also been told that early alignment with the EU in some areas could support readiness and help facilitate preparations for future arrangements. In particular, we have heard that early access for business in Great Britain (GB) to products which have EU market authorisations could support business readiness. This is discussed in more detail in section 5 of this paper.

Local authority feedback

4.5 The FSA has conducted early engagement with local authorities to raise awareness of the SPS agreement. The most common themes raised by authorities during discussions were about the scope, operational changes and policy impacts of an agreement.

4.6 Most local authorities reported little or no preparatory work to date due to the need for more information or resource requirements. Several authorities highlighted difficulties planning service delivery, budgets and workforce requirements without negotiation outcomes.

4.7 The overwhelming perception from local authorities is that small and medium-sized enterprises (SMEs) have little awareness of the SPS agreement. Most authorities reported receiving no enquiries from businesses, with awareness generally limited to larger import and export businesses and those already engaged with regulatory processes.

4.8 The FSA is using this early feedback to inform future engagement and readiness activity with local authorities once negotiations have concluded. The FSA recognise that local authorities are key delivery partners in implementing future SPS arrangements. The Agency will continue to work closely with them to support understanding of the changes required, identify capability and readiness needs and develop appropriate guidance and support materials.

Port Health Authority stakeholder feedback

4.9 Alongside Defra, FSA has engaged with 16 Port Health Authorities on a one-to-one virtual meeting basis. As expected, Port Health Authorities are well engaged in the developments related to the SPS Agreement, following on from EU Exit and Borders Target Operating Model implementation. Awareness and understanding of changes from dynamic alignment is high.

4.10 Almost all Port Health Authorities were concerned that the removal of SPS controls on EU goods would affect their imported food control functions with significant implications for staffing. Port Health Authorities requested early information stating this was critical for decision making on services; fees and charges; and loss of posts. There were also concerns on the operational impacts of border control changes including alignment with Rest of World checks on goods entering GB the via the EU.

4.11 TRACES – the Trade Control and Expert System – is the European Commission’s online management tool for the notification, certification and monitoring for trade in animals, animal products, food and feed of non-animal origin and plants, seeds propagating materials, goods of organic origin and woods. Port Health Authorities have requested access to TRACES well before the implementation date as well as to the TRACES helpdesk to assist in rectifying any early issues. Sufficient training on TRACES and the Rapid Alert System for Food and Feed (RASFF) notifications for Border Control Post (BCP) stakeholders was requested well before the need for use. The EU provides online training for both TRACES and iRASFF within its Better Training For Safer Food (BTSF) programme. We know from our pre-EU exit experience that this training is comprehensive. Nonetheless, we will review whether additional or more bespoke training might also be required, once we are able to regain access to BTSF. 

5 Impacts for market authorisations

5.1 Currently, businesses can only lawfully place regulated products (including food additives, feed additives and food contact materials) on the GB market if they have a market authorisation from ministers, following a safety assessment and advice from the FSA or FSS. In Northern Ireland, the Windsor Framework covers the terms under which products can be placed on the market.

5.2 We apply a very similar authorisation process to the EU (set out in assimilated law) and in practice many products are already authorised in both jurisdictions. However, there has been divergence following independent science- and evidence-based risk analysis. Some divergence has been EU-led, for example titanium dioxide is no longer authorised as a food additive in the EU, permitted levels of nitrites and nitrates have been reduced in EU authorisations, substances such as Bisphenol A have been restricted and the EU recently introduced a new authorisation regime for recycled plastics in food contact materials. There has also been GB-led divergence, for example certain feed additives are permitted for use in a broader range of animal species in GB, certain novel foods have been approved to different conditions of use, and the UK has removed the requirement for periodic renewals of market authorisations for three regulated product regimes in GB. We may continue to diverge from the EU as further authorisation decisions are taken by ministers in GB; for example, the CBD products discussed in FSA 26/09/05 are not authorised in the EU. Even where the same products may be authorised in both jurisdictions, the terms of authorisation may differ.

5.3 The plans for dynamic alignment under the SPS Agreement mean that from the date the Agreement comes into force, all the GB authorisations cease to apply, and businesses would require an EU authorisation to place regulated products on the market in GB. This has significant implications for businesses who hold, or have applied for GB authorisations, as well as for the wider food sector, noting some very limited exceptions to dynamic alignment may apply. In the meantime, ahead of the final agreement being announced, the FSA has written to every market authorisation holder and applicant as set out in para 4.1 to explain the above position.

5.4 Against this background, this paper seeks views from the Board on two specific issues relating to implementation of the SPS Agreement for market authorisations: early alignment and prioritisation of the caseload.

Early alignment

5.5 As noted above, the case for early alignment with the EU on market authorisation was made strongly to us by some parts of the food industry. In particular, we have heard from food and feed manufacturers and trade bodies that early access for GB business to products which have EU market authorisations could support business readiness. It would enable them to begin reformulating products, switching packaging etc ahead of entry into force of the agreement. By spreading implementation activity over a longer period, early alignment could support a smoother transition to future SPS arrangements and help reduce the risk of unnecessary disruption for businesses and consumers when the Agreement comes into force.

5.6 In principle, we do not foresee food safety issues with permitting use of EU-authorised products as well as GB-authorised products ahead of the date when the Agreement enters into force. Products authorised by the EU have undergone a rigorous safety assessment very similar to that applied in GB, they are already permitted to be sold in Northern Ireland, and they would automatically become lawful in GB when the Agreement comes into force. However, businesses are not permitted to use these products under the current law. Allowing early access to EU market authorisations would require legislation.

5.7 The Government has said that following the SPS agreement it will introduce legislation to give effect to the agreement, including taking swift action in these areas. We can see a strong case for recommending to ministers that as part of the implementation process the FSA should seek to enable early access to EU market authorisations if possible. Does the Board agree?

Prioritisation of the Market Authorisation Service

5.8 There are around 390 applications currently in the FSA and FSS Market Authorisation Service, and on average it takes over two years for an application to reach authorisation. In December 2025, the FSA and FSS Boards discussed and agreed prioritisation principles for the Market Authorisation Service, recognising the likely impact of the SPS Agreement. Health Ministers in England, Wales and Scotland agreed to the approach, which continues to protect public health, while supporting government growth priorities, and maximising the benefits of the separate funding currently in place from the Department of Science, Innovation and Technology (now part of the Department for Business, Innovation, Science and Trade). The paper supporting the FSA Board discussion was published later, on 12 March 2026. The principles are outlined in the paper.

5.9 While SPS negotiations remain underway, the FSA has continued to make steady progress on market authorisation applications in accordance with the Board’s agreed prioritisation principles (which amounted to just under a quarter of the caseload). Working within a constrained resource environment, the service has focused its efforts on progressing priority applications to completion (authorisation, invalidation or withdrawal) according to our plans.

5.10 Since January 2026, we have completed 53 applications. Of these, the following have been publicly consulted on and authorised by ministers:

• 5 full Novel Food applications (4 of which are Precision Fermentation (PF) applications)
• 1 Novel Food (Traditional food notification)
• 1 Food Additive application

5.11 We have completed one Novel Food Status application (determination of novel food status), and following extensive engagement, concluded work on 15 CBD applications. An additional 30 applications have exited the service via invalidation and withdrawal routes, including 2 closed renewal applications (as of 31 July 2026). We have also continued to work on safety assessments, with 19 published since 1 January 2026. Over the last quarter, progress has been made resolving complex policy issues that were necessary to unlock consultation and recommendation stages, while continuing to develop policy solutions in more challenging areas for innovative products.

5.12 We have progressed 3 CBD applications to the final stages of risk management, and a further group of 10 CBD applications are also in the risk management stage. We are currently consulting on a Traditional Novel Food and a Feed Additive (with potential safety concern) and are preparing to consult on our next batch of Precision Fermentation applications. We have also recently received our first Precision Bred Organism applications and these are being progressed.

5.13 We recognise that the prioritisation of applications within the Service in the context of the SPS Agreement has been concerning to some applicants, particularly those who have applications that are unlikely to progress to the point of ministerial decision before the Agreement is in place. We also recognise that applicants will be awaiting clarity on the Agreement from a rescheduled UK/EU Summit. Negotiations with the EU are at an advanced stage and will conclude as soon as possible.

5.14 We also recognise how significant any arrangements for early alignment would be for many applicants within our service, as we estimate that nearly half of the applications in our service relate to products already approved in the EU.

5.15 The Board agreed that the prioritisation principles should remain under active review as SPS negotiations progressed. There are several factors that may affect the prioritisation, including:

• clarity about the detail of the final agreement
• any change in the implementation timelines that would substantially alter our assumptions about how many applications could be progressed through the service before the Agreement comes into force
• any decisions about enabling early access to EU authorisations through legislative change

5.16   At this stage, there has not been a significant change in the assumptions under which the prioritisation was carried out, and we are actively preparing for implementation of the SPS Agreement in summer 2027. However, we should know more about all the above factors during the course of the autumn. We recommend that, once the Agreement is reached, officials carry out a very rapid review of the prioritisation principles and return to the Board with advice on whether any change in approach is warranted. This could be done at the December Board or at an extraordinary Board meeting if an earlier decision is needed.

6 Conclusions

6.1 The FSA has continued to support cross-government work to progress a potential UK‑EU SPS Agreement, in tandem with its own implementation planning, stakeholder engagement and business readiness activity, with activity focused on supporting a smooth transition while maintaining food safety and consumer protection.

6.2 The FSA recognises the potential benefits that early alignment for market authorisations could bring for business readiness. Subject to ministerial decisions, it is recommended that the FSA continue to work with government to explore legislative options that could support early alignment.

6.3 Given the evolving context and uncertainty around the final details, timing and implementation arrangements of the SPS Agreement, it is recommended that officials should undertake a rapid review of the Market Authorisation Service prioritisation approach once the final SPS Agreement is reached.

6.4 The Agency will continue to engage with businesses, delivery partners and other stakeholders as further information becomes available, supporting readiness and providing clarity where possible.

7 Recommendation

The Board is invited to:

1. Note the progress made to date on the SPS Agreement Programme and the implementation preparatory work.
2. Provide views on the case for recommending to ministers that, as part of the implementation process, the FSA should seek to enable early access to EU market authorisations where possible.
3. Provide views on the recommendation that, once the SPS Agreement is reached, officials undertake a rapid review of the Market Authorisation Service prioritisation principles and return to the Board with advice on whether any change in approach is warranted.