Regulations now in force against Unfair Trading Practices in agri-food supply chain
All traders in the food supply chain should understand their rights and obligations under the new Unfair Trading Practices (UTP) regulations
29 October 2021 | 0
The European Union (Unfair Trading Practices in the agricultural and food supply chain) regulations were signed into force by the Minister for Agriculture, Food and the Marine, Charlie McConalogue on 28 April 2021. The Unfair Trading Practices (UTP) regulations transposed a 2019 EU Directive on UTPs into Irish law.
The regulations seek to protect weaker suppliers against UTPs from stronger buyers in the B2B agri-food supply chain, subject to the supplier’s turnover being lower than the buyer’s turnover within stated categories.
The regulations prohibit ten ‘black’ UTPs in all circumstances, and also prohibit six ‘grey’ UTPs unless the parties agree clearly and in an unambiguous manner beforehand. The regulations apply only to agricultural and food products.
The regulations now apply, since 1 July 2021, to all supply agreements established since 28 April 2021. From 28 April 2022, all supply agreements, including those that were in place before 28 April 2021, must be in compliance with the regulations.
All traders in the agricultural and food supply chain should understand what their respective rights and obligations are under the UTP regulations. Further information including contact details for the Enforcement Authority in the Department of Agriculture, Food and the Marine can be found at www.utp.gov.ie.