Using a protected geographical food or drink name: UK GI scheme rules
Rules you must follow to use a food or drink name registered and protected by a UK geographical indication (GI) scheme, and penalties if you do not comply.
If you make or sell a registered GI product you must follow the product’s specification published on the UK GI scheme registers.
You must have your product regularly inspected to make sure it complies with the specification.
UK GI products are protected by law and carry penalties for misuse. Follow the rules for each UK GI scheme.
Registered protected food names (PFNs)
PFNs include food, beer, cider, perry and agricultural products.
Product inspections
A control body will carry out an ‘initial verification’ inspection to make sure you can produce a PFN to its product specification.
Producers of an existing PFN can choose a control body to carry out compliance checks, from the following:
- local authorities that provide an inspection service, typically trading standards functions
- UKAS accredited body
- other approved control body (non-UK applicants)
UK producers
A control body will carry out compliance checks on registered products at intervals agreed between you. They will report back to the competent authority. It’s your responsibility to renew your product verification at least every 3 years.
The control body will tell you if your product does not meet the standards required in the specification. You must improve your product to meet the required standard or stop using the product name. The control body will tell you how long you have to make improvements.
Non-UK producers
Your product is subject to the official controls carried out in your home country. The UK competent authority can ask for evidence that your product complies with its specification.
Enforcement and penalties of misuse
An enforcement body can search your premises and seize any evidence of misuse of a registered PFN. This evidence may be on the production premises or at point of sale.
The enforcement body will issue a ‘compliance notice’ to tell you how you’re misusing the PFN and how to put it right. They’ll give you a deadline to fix the problem. For example, you may have 15 days to re-label your product.
You will get a ‘non-compliance penalty notice’ if you:
- do not follow the requirements of a compliance notice
- obstruct an enforcement officer in the course of their duty
You could get a penalty of up to £40,000.
You may also need to pay to cover the cost of issuing the non-compliance penalty notice if you get a ‘cost recovery notice’.
You have the right to appeal a penalty. Details of how to appeal will be included in your non-compliance penalty notice.
Registered spirit drinks names
Follow the rules for product compliance and misuse of protected spirit drink names.
Product inspections
HM Revenue and Customs (HMRC) inspect producers of spirit drinks protected by a GI in the UK, including Northern Ireland. The Irish Revenue and Customs inspect producers of products protected by a GI that crosses the border into the Republic of Ireland.
The inspection body will check that your spirit drink meets the standards agreed in your product specification.
The inspection body named in the product specification of non-UK spirit drinks products will carry out verification inspections in their country of origin.
Enforcement and penalties of misuse
HMRC will pass information to the enforcement body if you use the GI in breach of the regulations.
Enforcement bodies will enforce protection of registered spirit drinks names from misuse, imitation and evocation.
Enforcement bodies include:
- food authorities
- port health authorities
- local authorities with trading standards services
Enforcement bodies will issue an ‘improvement notice’, based on information passed on from HMRC.
You must make improvements to meet the required standard or stop marketing your product using the GI protection. The enforcement body will tell you how long you have to make improvements.
If you do not follow the requirements of an ‘improvement notice’, you could be prosecuted. You could get either or both of the following:
- a criminal conviction
- a fine
Registered wine names and aromatised wine names
Follow the rules for product compliance and misuse of protected wine names and aromatised wine names.
Product inspections
UK producers
The control body, for example the Food Standards Agency, and an accredited laboratory will carry out compliance checks on registered wines and aromatised wines every year.
The control body will tell you if your product does not meet the standards required in the product specification. If you do not meet the standard you may not be able to market the product as a protected designation of origin (PDO) or protected geographical indication (PGI) that year.
Non-UK producers
Your product is subject to the official controls carried out in your home country.
The UK competent authority can ask for evidence that your product meets the specification. Your competent authority must provide this before you can market the product as a GI in the UK
Enforcement and penalties of misuse
The enforcement body can search premises and seize any evidence that relates to a non-compliant product.
This may be on the production premises or any other premises including the point of sale.
The enforcement body will issue a ‘compliance notice’ to tell you how you’re misusing the GI and what you should do now.
You may be asked not to move your wine until you have carried out what the notice requires. For example, you may have to re-label your product.
If you do not follow the requirements of a ‘compliance notice’, you could be prosecuted and get a criminal conviction and a fine.