Policy paper

Section 31 grant determination 2022 to 2023: local authority new burdens for the enforcement of legislation relating to allergen labelling changes for prepacked for direct sale food

Updated 14 June 2022

This was published under the 2019 to 2022 Johnson Conservative government

Applies to England

© Crown copyright 2022

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This publication is available at https://www.gov.uk/government/publications/allergen-labelling-for-ppds-food-section-31-grant-determination/section-31-grant-determination-2022-to-2023-local-authority-new-burdens-for-the-enforcement-of-legislation-relating-to-allergen-labelling-changes-for

See the National Archives for the section 31 grant for the 2021 to 2022 financial year.

On 1 October 2021, a new set of regulations affecting the labelling requirements for pre-packed for direct sale (PPDS) foods, came into force. These regulations are set out in the Food Information (Amendment)(England) Regulations 2022 No 481 (otherwise known as “Natasha’s Law”).

The changes require businesses to label food that is pre-packed for direct sale (PPDS) with the name of the food and a full list of ingredients. The 14 major allergens must be emphasised in the list.

The law creates more consistency in the labelling of prepacked food products. The law applies to foods packaged on the same site at which they are sold, before being ordered. Foods pre-packaged elsewhere already require full ingredients labelling, with allergens emphasised in the list.

The regulations create new burdens for local authorities. Defra and the Food Standards Agency (FSA) will cover the cost of these burdens (for the period up until 31 March 2023) through a targeted non-ringfenced grant under section 31 of the Local Government Finance Act 2003.

The grant determination

This is to confirm the section 31 grant determination for local authority new burdens for the enforcement of legislation relating to allergen labelling changes for prepacked for direct sale food has been agreed.

This Determination is made between:

  • Department for Environment, Food and Rural Affairs (Defra) with The Food Standards Agency (FSA)
  • local authorities listed in Annex A

What the grant is for

The grant will support local authorities in England with expenditure lawfully incurred or to be incurred because of the Food Information (Amendment)(England) Regulations 2022 No 481. The grant is a specific revenue grant for the 2022 to 2023 financial year only. It is not ring-fenced.

The grant covers a single new burden: enforcement costs. Enforcement cost calculations are based on information gathered from local authorities through the consultation and included in the impact assessment conducted by Defra in 2019.

From 1 October 2021, food safety and standards enforcement must include an inspection of the business’s compliance with the new allergen labelling legislation. This is only necessary if the business sells PPDS food. This will increase the time required for each visit by approximately one hour. The cost calculation assumes that outlets selling PPDS foods are inspected once every 2 years.

Defra and the FSA have agreed to pay for new burdens associated with enforcement costs up to 31 March 2023. The total value of the grant is £1,529,855.

Annex A outlines a list of local authorities that will receive grants.

S31 grant determination letter

The Minister of State for the Department for Environment, Food and Rural Affairs (Rt Hon George Eustice), in exercise of the powers conferred by section 31 of the Local Government Act 2003, makes the following determination:

Citation

1. This determination may be cited as the Local Authority Burdens for the implementation of legislation relating to allergen labelling changes for prepacked for direct sale food (2022) [No31/6166].

Purpose of the grant

2. The purpose of the grant is to provide support to local authorities in England towards expenditure lawfully incurred or to be incurred by them.

Determination

3. The Minister of State determines as the authorities to which grant is to be paid and the amount of grant to be paid, the authorities and the amounts set out in Annex A.

4. Before making this determination in relation to local authorities in England, the Minister of State obtained the consent of the Treasury.

Alison Ismail, Director, Agri-Food Chain Directorate, Defra
10 May 2022

Rebecca Sudworth, Director of Policy, Food Standards Agency
10 June 2022

Annex A

The following local authorities will receive the grant:

  • Barking and Dagenham London Borough
  • Barnet London Borough
  • Barnsley Metropolitan Borough Council
  • Bath and North East Somerset Council
  • Bedford Borough Council
  • Bexley London Borough
  • Birmingham City Council
  • Blackburn with Darwen Borough Council
  • Blackpool Borough Council
  • Bolton Metropolitan Borough Council
  • Bournemouth, Christchurch and Poole Council
  • Bracknell Forest Borough Council
  • Brent London Borough
  • Brighton and Hove Council
  • Bristol Council
  • Bromley London Borough
  • Bury Metropolitan Borough Council
  • Calderdale Metropolitan Borough Council
  • Cambridgeshire County Council
  • Camden London Borough
  • Central Bedfordshire Council
  • Cheshire East Council
  • Cheshire West and Chester Council
  • City of Bradford Metropolitan District Council
  • City of London
  • City of York Council
  • Cornwall County Council
  • County of Herefordshire District Council
  • Coventry City Council
  • Croydon London Borough
  • Cumbria County Council
  • Darlington Borough Council
  • Derby City Council
  • Derbyshire County Council
  • Devon County Council
  • Doncaster Metropolitan Borough Council
  • Dorset Council
  • Dudley Metropolitan Borough Council
  • Durham County Council
  • Ealing London Borough
  • East Riding of Yorkshire Council
  • East Sussex County Council
  • Enfield London Borough
  • Essex County Council
  • Gateshead Metropolitan Borough Council
  • Gloucestershire County Council
  • Greenwich London Borough
  • Hackney London Borough
  • Halton Borough Council
  • Hammersmith and Fulham London Borough
  • Hampshire County Council
  • Haringey London Borough
  • Harrow London Borough
  • Hartlepool Council
  • Havering London Borough
  • Hertfordshire County Council
  • Hillingdon London Borough
  • Hounslow London Borough
  • Isle of Wight Council
  • Isles of Scilly Council
  • Islington London Borough
  • Kensington and Chelsea Royal Borough
  • Kent County Council
  • Kingston Upon Hull City Council
  • Kingston upon Thames Royal Borough
  • Kirklees Metropolitan Borough Council
  • Knowsley Metropolitan Borough Council
  • Lambeth London Borough
  • Lancashire County Council
  • Leeds City Council
  • Leicester City Council
  • Leicestershire County Council
  • Lewisham London Borough
  • Lincolnshire County Council
  • Liverpool City Council
  • London Borough of Richmond upon Thames
  • Luton Borough Council
  • Manchester City Council
  • Medway Borough Council
  • Merton London Borough
  • Middlesbrough Borough
  • Milton Keynes Council
  • Newcastle upon Tyne Metropolitan District Council
  • Newham London Borough
  • Norfolk County Council
  • North East Lincolnshire Council
  • North Lincolnshire Council
  • North Northamptonshire
  • North Somerset Council
  • North Tyneside Metropolitan Borough Council
  • North Yorkshire County Council
  • Northumberland County Council
  • Nottingham City Council
  • Nottinghamshire County Council
  • Oldham Metropolitan Borough Council
  • Oxfordshire County Council
  • Peterborough City Council
  • Plymouth City Council
  • Portsmouth City Council
  • Reading Borough Council
  • Redbridge London Borough
  • Redcar and Cleveland Borough Council
  • Rochdale Metropolitan Borough Council
  • Rotherham Metropolitan Borough Council
  • Rutland County Council District Council
  • Salford Metropolitan District Council
  • Sandwell Metropolitan Borough Council
  • Sefton Council
  • Sheffield City Council
  • Shropshire Council
  • Slough Borough Council
  • Solihull Metropolitan Borough Council
  • Somerset County Council
  • South Gloucestershire Council
  • South Tyneside Metropolitan Borough Council
  • Southampton City Council
  • Southend-on-Sea Borough Council
  • Southwark London Borough
  • St Helens Metropolitan Borough Council
  • Staffordshire County Council
  • Stockport Metropolitan Borough Council
  • Stockton-on-Tees Borough Council
  • Stoke-on-Trent City Council
  • Suffolk County Council
  • Sunderland City Council
  • Surrey County Council (includes Surrey for Buckinghamshire)
  • Sutton London Borough
  • Swindon Borough Council
  • Tameside Metropolitan Borough Council
  • Telford and Wrekin Council
  • West Yorkshire Joint Services
  • Thurrock Council
  • Tower Hamlets London Borough
  • Trafford Metropolitan Borough Council
  • Wakefield Metropolitan District Council
  • Walsall Metropolitan Borough Council
  • Waltham Forest London Borough
  • Wandsworth London Borough
  • Warrington Borough Council
  • Warwickshire County Council
  • West Berkshire District Council
  • West Northamptonshire
  • West Sussex County Council
  • Westminster City Council
  • Wigan Metropolitan Borough Council
  • Wiltshire Council
  • Windsor and Maidenhead Royal Borough Council
  • Wirral Metropolitan Borough Council
  • Wokingham District Council
  • Wolverhampton Metropolitan Borough Council
  • Worcestershire County Council
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