EXITING THE EUROPEAN UNION Citation, commencement and extent 1 1 These Regulations may be cited as the Marking of Retail Goods Regulations 2025. 2 These Regulations come into force on 1st July 2025. 3 These Regulations extend to England and Wales and Scotland. Interpretation 2 In these Regulations— “ appropriate authority ” means— where the retail premises in which retail goods are first placed on the market are in England, the Secretary of State; where the retail premises in which retail goods are first placed on the market are in Scotland, the Scottish Ministers; where the retail premises in which retail goods are first placed on the market are in Wales, the Welsh Ministers; “ authorised officer ” means any person authorised by an appropriate authority or an enforcement authority in writing, either generally or specifically, to act in matters arising under these Regulations; “ enforcement authority ” means— the Food Standards Agency; a county council; a county borough council; a metropolitan district council; a non-metropolitan district council for an area for which there is no county council; a London borough council; the Common Council of the City of London (in their capacity as a local authority); the Council of the Isles of Scilly; or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ; “ final consumer ” means the ultimate consumer of a retail good who does not intend to use that good in the course of any business operation or activity; “ food for special medical purposes ” has the same meaning as in Article 2(2)(g) Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC , Commission Directives 96/8/EC , 1999/21/EC , 2006/125/EC and 2006/141/EC , Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 as it has effect in Great Britain ; “ Gazette ” means— in respect of a marking notice applicable to a relevant business operator that is a company registered in England and Wales, the London Gazette; and in respect of a marking notice applicable to a relevant business operator that is a company registered in Scotland, the Edinburgh Gazette; “ improvement notice ” has the meaning given in regulation 9(1); “ Independent Monitoring Panel ” means the panel known as the Windsor Framework Independent Monitoring Panel appointed by the Secretary of State; “ individual marking ” means a marking as described in paragraph 1 of Annex 4 of the SPS Regulation; “ marking notice ” has the meaning given in regulation 3 (2) ; “ placed on the market ” means the holding of retail goods for the purpose of sale, including offering for sale, and the sale at retail premises to a final consumer; “ relevant business ” means any undertaking, whether for profit or not and whether public or private, carrying out any activity related to any stage of production, processing and distribution of retail goods; “ relevant business operator ” means— the operator under whose name or business name the retail goods are marketed; or, in the case of retail goods in the form of plants, the packager; “ retail goods ” means retail goods as defined in Article 2(2) of the SPS Regulation, that are subject to an obligation arising out of Article 6(1) of that regulation; “ retail premises ” means any premises used by a relevant business operator for the purposes of selling or possessing, offering, exposing or advertising for sale any retail goods to a final consumer; “ small company ” means a company that qualifies as a small company under section 382 or 383 of the Companies Act 2006 and that is not excluded from the small companies regime by section 384 of that Act; “ SPS Regulation ” means Regulation (EU) 2023/1231 of the European Parliament and of the Council on specific rules relating to the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of retail goods, plants for planting, seed potatoes, machinery and certain vehicles operated for agricultural or forestry purposes as well as non-commercial movements of certain pet animals into Northern Ireland . Power of the Secretary of State to specify which retail goods are to be individually marked 3 1 This paragraph applies where the Secretary of State, after consultation with the Welsh Ministers and the Scottish Ministers, determines that the availability to consumers of certain retail goods in Northern Ireland is, or is likely to be, seriously adversely affected by relevant business operators, in respect of those goods, withdrawing from supplying those goods to Northern Ireland as a result of labelling requirements imposed by the SPS Regulation. 2 Where paragraph (1) applies, the Secretary of State must issue a notice (a “marking notice”) requiring that the retail goods specified in the notice bear an individual marking when they are first placed on the market. 3 When reaching a determination referred to in paragraph (1), the Secretary of State may have regard to— a trade flows or trade patterns; b the resilience of the supply chains supporting the supply of retail goods to Northern Ireland; c advice from the Independent Monitoring Panel; d any other data or information that the Secretary of State considers relevant to the decision to issue a marking notice under paragraph (2). Requirements of the marking notice 4 1 The marking notice must be in writing and must be published in the Gazette. 2 The marking notice must specify the date from which such goods must bear an individual marking, when first placed on the market in Great Britain. 3 Before a marking notice is published under paragraph (1), the Secretary of State must make a statement explaining why the decision to issue the marking notice was justified. 4 If the Secretary of State fails to make a statement required by paragraph (3) before the marking notice is published, they must make a statement explaining why they failed to do so. 5 A statement under paragraph (3) or (4) must be made in writing and be published in such manner as the Secretary of State considers appropriate. Obligation to comply with a marking notice 5 1 The relevant business operator who first places on the market in Great Britain a retail good that is specified in a marking notice may not do so after the date specified in that notice unless that relevant business operator has applied or secured the application of the individual marking to those retail goods. 2 A relevant business operator to which paragraph (1) applies is not required to apply or secure the application of an individual marking to retail goods that are subject to a marking notice where those goods were first placed on the market in Great Britain before the date specified in the notice. Exemption 6 Retail goods that have been specified in a marking notice do not need to be individually marked before they are first placed on the market in Great Britain if, they are— a retail goods that are first placed on the market in Great Britain by a small company; b retail goods that have been— i manufactured; or ii produced; by a small company; c food for special medical purposes; d qualifying Northern Ireland goods . Enforcement 7 a The appropriate authority is responsible for enforcing these Regulations. b The appropriate authority may delegate responsibility for enforcing these regulations to an enforcement authority. Powers of entry and inspection 8 1 An authorised officer may enter any retail premises within the authority’s area for the purpose of enforcing these Regulations. 2 An authorised officer must, on producing some duly authenticated document showing their authority, at all reasonable hours be granted access to any retail premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention within that area of a marking notice. 3 An authorised officer entering any retail premises by virtue of this regulation may take with them such other persons as they consider necessary, and on leaving any unoccupied premises which they have entered by virtue of this regulation must leave them as effectively secured against unauthorised entry as they found them. 4 An authorised officer entering premises by virtue of this regulation, may inspect any records (in whatever form they are held) relating to a relevant business and, where any such records are stored in any electronic form— a may have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and b require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford them such assistance as they may reasonably require. 5 Any authorised officer exercising any power conferred by paragraph (4) above may— a seize and detain any records which they have reason to believe may be required as evidence in proceedings under any of the provisions of these Regulations; and b where the records are stored in any electronic form, may require the records to be produced in a form in which they may be taken away. Improvement notices 9 1 If an authorised officer has reasonable grounds for believing that a relevant business operator is failing to comply with the requirements of regulation 5(1) the authorised officer may, by a notice served on the relevant business operator (an “ improvement notice ”)— a state the officer’s grounds for believing that the relevant business operator is failing to comply with a marking notice; b specify the matters which constitute the relevant business operator’s failure to comply; c specify the measures which, in the officer’s opinion, the relevant business operator must take in order to secure compliance; and, d require the relevant business operator to take those measures, or measures that are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice. 2 Any relevant business operator who fails to comply with an improvement notice may be required to pay a fixed monetary penalty. Fixed Monetary Penalties 10 The Schedule has effect and makes provision for fixed monetary penalties. Service of notices 11 1 Any notice issued under these Regulations, may be given or served by either— a delivering it by hand to the business premises to which it is addressed; b leaving it, or sending it in a prepaid letter addressed to a company officer, at their office; c in the case of an incorporated company or body, by delivering it to their secretary or clerk at their registered or principal office, or by sending it in a prepaid letter addressed to them at that office; or d in the case of any other person, by leaving it, or sending it in a prepaid letter addressed to that person, at their usual or last known residence. 2 Where a document is to be given to or served on the owner or the occupier of any premises and it is not practicable after reasonable inquiry to ascertain the name and address of the person to or on whom it should be given or served, or the premises are unoccupied, the document may be given or served by addressing it to the person concerned by the description of “owner” or “occupier” of the premises (naming them) and— a by delivering it to some person on the premises; or b if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises. Power to require returns 12 Each enforcement authority must provide to the corresponding appropriate authority such information in respect of the exercise of those functions as the appropriate authority may request, in such form and within such timeframe as may be reasonably required. Review 13 1 Before the end of each review period, the Secretary of State must— a carry out a review of these Regulations; b set out the conclusions of the review in a report; and c publish the report. 2 The report must in particular— a set out the objectives intended to be achieved by these Regulations; b assess the extent to which the objectives have been achieved; c assess whether the objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way 3 The first review period is the period of two years beginning with the day on which these Regulations come into force. 4 Each subsequent review period is a period of five years beginning with the date on which the report of the preceding review was published. Hayman of Ullock Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs at 11.08 p.m. on 1st July 2025