New food packaging rules make it mandatory to have EU logos on 'protected' goods like Comber potatoes whilst goods in GB must bear UK logos - the latest case of 'regulatory divergence' stemming from Brexit

Whilst the change in the law does allow the use of UK logos on GB goods being sold in Northern Ireland, and on Northern Irish goods being sold in GB, their inclusion is merely voluntary – it is the use of EU logos which will be enforced.

All of this comes amid long-standing unionist fears of "regulatory divergence" between Northern Ireland and Great Britain as a result of Brexit, and specifically the NI Protocol / Windsor Framework.

The changes in labelling law which kicked in this week all relate to something called the Protected Food Name system, or Geographical Indication system.

This was started by the EU in the 1990s and involves giving protection to certain famous types of regional produce, granting them a monopoly on the right to use the name.

Major examples have included parmesan from Italy, champagne from France, and formerly Cornish pasties from England.

This means these goods are meant to bear EU logos describing the contents as either protected designation of origin (PDO), protected geographical indication (PGI), or traditional speciality guaranteed (TSG), based on some technical differences in how the food is made.

However, as of the start of 2024, makers of such protected foods in the UK must include UK-specific logos on their products, stating that they belong to one of three categories: UK PDO, UK PGI, or UK TSG.

This is mandatory - unless those goods come from Northern Ireland and are being sold here.

If that is the case, then instead the mandatory requirement is for them to display logos showing their EU protected status, with any display of the UK logos being an optional extra.

Meanwhile adding the UK logos to GB produce bound for NI, and vice-versa, is at the discretion of each company.

The net effect is likely to be relatively small, since there are just four types of Protected Food Name products that are exclusive to Northern Ireland: Armagh Bramley apples, New Season Comber Potatoes / Comber Earlies, Lough Neagh eels, and Lough Neagh pollan (a type of fish).

(Unlike food, the rules on labelling Irish cream liqueur, Irish whiskey, and poitin – which also have Protected Food Name status – are non-compulsory.)

But it is another example of EU's writ still running in Northern Ireland whilst it has ceased elsewhere in the UK.

Here's an easy-to-read summary of the new regime for Protected Food Name products, based on information from the UK government:

• Goods made in NI, sold in NI

EU logos: Mandatory

UK logos: Optional

• Goods made in NI, sold in GB

EU logos: Optional

UK logos: Optional

• Goods made in GB, sold in NI:

EU logos: Optional

UK logos: Optional

• Goods made in GB, sold in GB:

EU logos: Optional

UK logos: Mandatory