Podcast Summary: Food Safety Matters – Ep. 214

Title: Chris McGarvey: UK/EU Food Regulatory Changes on the Horizon
Date: March 24, 2026
Host: Food Safety Magazine editorial team
Guest: Chris McGarvey, Director of Regulatory and Compliance, Walker Morris (UK)

Episode Overview

This episode offers a comprehensive look at major upcoming food regulatory changes in the UK and EU, with a highlight on what businesses must do to prepare for 2026’s wave of new rules. Regulatory attorney Chris McGarvey draws on his deep experience—including leading the UK FSA legal team through Brexit—to discuss BPA and PFAS bans, biotech innovation like precision fermentation and CBD foods, shifting attitudes about compliance, and the ongoing post-Brexit regulatory re-alignment. The conversation also explores how regulatory strategy, traceability, and consumer perception can shape both legal resilience and commercial success.

Key Discussion Points & Insights

Immediate Regulatory Changes: BPA & PFAS Restrictions

• BPA Ban in Packaging
  • UK government (England, Wales, Scotland) will institute a BPA ban in food packaging by July 2026, mirroring the EU but with less lead time for compliance ([27:18]).
  • Chris’s advice:
    • Immediate review of packaging supply chains.
    • Work with suppliers to ensure all specifications are compliant.
    • “Stocks of any non-compliant food packaging should be sold through before July this year.” – Chris ([28:18])
  • Uncertainty remains for products packaged before July but sold after—companies hope the law will allow these to remain in circulation ([29:52]).
• Northern Ireland: Different legal context due to the Windsor Framework—more prep time for new EU-aligned rules.

Biotechnology, Precision Fermentation, and CBD Foods

• Regulatory & Ethical Challenges
  • “I think we are on the verge of quite big changes in food production…so is biotechnology and so is innovation in the production of food. We are in exciting times.” – Chris ([31:09])
  • Regulation lags scientific advances. Law must be more agile to keep up:
    • “Laws tend to be almost out of date as soon as the proverbial ink dries on the page.” ([33:00])
    • Predictability, not just flexibility, is crucial for food businesses investing in novel products.
  • Ethical complexity: Key promises include sustainable production and potential to reduce reliance on animal-based foods.
  • Divergent regulatory approaches to genetic modification in US vs EU.
• Consumer Perception
  • Information empowerment is central: Innovation only thrives with confident consumers.
  • Example: Recent UK social media scare over a dairy feed additive—quick misinformation spread despite rigorous safety assessment ([37:09]).
  • “Consumer perception and innovation…one can't exist without the other.” – Chris ([39:00]).

Navigating Profound Regulatory Change: Brexit Lessons

• Business Agility is Essential
  • Brexit involved numerous unforeseen regulatory twists.
    • Example: Products of animal origin faced a hard “cliff edge” on Brexit, unable to sell into the EU post-deadline ([39:50]).
  • Expectations of UK “sovereignty” over its food law were quickly complicated by global supply chain interdependence.
  • “Whenever there’s a fundamental change in regulatory structure, be ready to pivot, be ready for some unexpected consequences.” – Chris ([42:55]).

UK/EU Trade Negotiations and Regulatory Realignment

• Sanitary & Phytosanitary (SPS) Agreement
  • Aim: To realign UK and EU food and agricultural regulations by mid-2027, reducing trade friction but requiring businesses to adapt again ([43:24]).
  • Opportunities: UK meat/exporters stand to benefit with easier access to EU markets.
  • Trade-offs: Innovative biotech sectors may fear slower new tech adoption due to slower, consensus-driven EU processes.
  • Crucial: Ensure a sufficient transition period so businesses can realign with EU law ([46:35]).

EU vs US Regulatory Approaches

• Regulatory Philosophies
  • EU: Input-based, more prescriptive. Strict control over additives, manufacturing.
  • US: Output-based, more focus on final product safety, less on process.
  • Pros & Cons:
    • US approach fosters innovation (“gives businesses more room”), but EU’s rules offer consumer confidence, uniformity, and brand value ([48:09]).
    • “Regulation shouldn’t be feared, it really should be embraced for the assurance it gives to a business’s consumers.” – Chris ([51:30]).

Compliance as Competitive Advantage

• Modern regulation provides a “ready-made set of standards” for businesses to demonstrate quality, build trust, and keep a level playing field ([51:30]).
• Case Study:
  • Regulatory response to CBD foods in the UK: FSA allowed retrospectively applying for novel food approval and let compliant products remain on the market, encouraging market maturity ([53:15]).
  • “That process helped to drive maturity in the CBD market and to avoid the disruption that enforcement would otherwise have caused.” – Chris.

Precautionary Allergen Labeling (PAL)

• Move Toward Standardization
  • EU considering a harmonized PAL system based on risk and scientifically defined thresholds ([57:28]).
  • Key challenge: Getting thresholds right to avoid under- or over-warning consumers.
  • “If those levels are set correctly, then we’re going to have a clear benchmark…The interests of businesses and consumers here are ultimately fully aligned.” – Chris ([59:00]).
  • Standardization would reduce cost, uncertainty, legal risk—but depends on phased introduction and testing capacity ([62:31]).

Traceability, Recall, and Resilience

• Traceability Framework: EU/UK’s “One step forward, one step back” system is minimal, but technology enables fuller supply chain visibility ([63:41]).
• Incident Preparedness:
  • Businesses must expect the unexpected—incidents rarely wait for convenient timing.
  • Crisis simulations (including cyberattack scenarios) should be routine, testing ops, comms, legal, and data access.
  • “Incidents have entered a virtual space—social media plays a role in getting recall and withdrawal information out there.” – Chris ([65:10]).
  • Disaster recovery planning for both food and cyber incidents is now essential.

Memorable Quotes & Moments

• On Regulatory Agility and Predictability

  • “The technology is really outpacing some of the ability to document and regulate it. What we need here is really a situation in which regulatory systems are sufficiently agile…and can do that predictably.” – Chris ([33:00])

• On Post-Brexit Surprises

  • “Some of the presumptions that businesses made proved mistaken…It was a cliff edge. Once the date of Brexit arrives, you can no longer sell those into our market.” – Chris ([39:50])

• On Regulation as Market Trust

  • “Regulation shouldn’t be feared…It really should be embraced for the assurance it gives to a business’s consumers.” – Chris ([51:30])

• On Traceability in the Digital Age

  • “Incidents will usually occur when a business is least expecting it—classically 5pm on a Friday afternoon may be a problem…Incidents have entered a virtual space.” – Chris ([65:00])

Important Segment Timestamps

• [26:43] Start of interview with Chris McGarvey
• [27:18] BPA/PFAS regulatory changes and immediate practical concerns for businesses
• [31:05] Broader legal/ethical challenges in food biotech (precision fermentation, CBD)
• [39:50] Lessons for navigating regulatory upheaval from Brexit experience
• [43:24] UK/EU SPS deal: implications for business
• [48:09] EU vs. US regulatory approaches and industry impact
• [51:30] Regulatory compliance as competitive/business advantage; CBD market example
• [57:28] Precautionary allergen labeling: science, standardization, and legal risk
• [63:41] Building resilience and traceability in the food system using technology

Takeaways for Food Safety Professionals

• UK/EU regulatory alignment is tightening—businesses must watch lead times and legislated implementation dates, especially post-Brexit.
• Food innovation’s legal viability increasingly depends on agile, predictable regulation and clear consumer information.
• Harmonized allergen labeling and robust traceability systems are emerging priorities; successful businesses will leverage compliance as a brand asset.
• Combining legal, technological, and communications readiness is essential for food industry resilience in an era of rapid change and growing recall/cyber risks.

For more on this episode, including related news stories, see Food Safety Magazine’s website and episode show notes.