Northern Irish crisp makers will be subject to an EU ban on smoke flavourings because of post-Brexit trading arrangements that could create a “smoky bacon border” with Britain.
The EU’s food safety authority said toxicity concerns about some eight smoke flavourings, including those used for smoky bacon crisps, were “either confirmed or can’t be ruled out.”
As a result Brussels has not renewed market authorisations for the flavourings to be used.
Under the terms of the Windsor Framework, Northern Ireland continues to follow hundreds of EU rules and has access to the EU’s single market unlike the rest of the UK.
It means manufacturers such as crisp giant Tayto cannot now use the affected smoke flavourings at its County Armagh headquarters in Northern Ireland.
However, Tayto Group, which bought Edinburgh-founded Golden Wonder in 2006, would still be able to use them in smoky bacon crisps made at its British factories if it wanted to.
Opponents of the Windsor Framework hit out at the prospect of a smoky bacon border, saying it was an example of sovereignty being eroded in Northern Ireland.
Lord Dodds, the DUP peer, said: “It’s another reason EU law in Northern Ireland has to go along with the Irish Sea Border it creates. EU diktats are reaching into every aspect of daily life causing competitive disadvantages for NI manufacturing in its biggest market.”
Jim Allister, the MLA and leader of the Traditional Unionist Voice, said: “It all flows, of course, from the abandonment of sovereignty over many facets of Northern Ireland’s economic life to the EU through the iniquitous protocol.
“A protocol which carries the absurdity of this situation even further in that smoky bacon crisps produced in GB can come to NI, but we cannot produce them here.”
Prevent a hard border
Customs checks on British goods and animals entering Northern Ireland were introduced to ensure they met EU standards to prevent a hard border on the island of Ireland.
But Rishi Sunak’s Brexit deal also means British manufacturers could take advantage of the Irish Sea border “green lane” to sell the banned smoky bacon flavour crisps in Northern Ireland.
EU sources confirmed the lighter touch fast-track for goods deemed not at risk of crossing into Ireland could be used to export the smoky snacks.
There are fears the flavourings for meats, sauces and crisps could cause cancer, but snack companies deny this. It is unclear whether Tayto uses the affected smoke flavourings in Northern Ireland and the company was asked for comment.
The EU has given crisp manufacturers two years to phase out the flavouring, which Brussels insists is plenty of time to find new ingredients.
Lobbied over the ban
Producers using the flavouring to replicate the traditional smoking process for hams, fish and cheese have five years because of the expense of changing production processes.
Ireland, which has its own version of Tayto crisps, was lobbied by the Kerry Group of food manufacturers over the ban, the Irish Times reported.
The company wrote to Leo Varadkar, then prime minister, saying it was “profoundly concerned” about the decision not to renew the market authorisation, which it said would cause “major economic harm”.
The UK inherited the decade-long market authorisation for the flavourings from its EU membership. Brexiteers have regularly lambasted the EU for its “precautionary principle” on food health warnings which they see as an over-cautious approach to regulation. Bans are placed on items thought to cause harm, even in cases where proof of harm is yet to be put forward.
No decision on whether to renew the licences in Britain has yet been made. They are due to expire on July 1 and are being independently assessed for safety.
If necessary, the authorisations will be extended to Jan 1 2025 to allow time for the assessments to be completed.