Update on Unfair Trading Practices (UTP) Regulations

​All operators in the foodservice supply chain should be aware of the Unfair Trading Practices (UTP) Regulations: S.I. No. 198/2021 - European Union (Unfair Trading Practices in the agricultural and food supply chain) Regulations 2021, which were signed into law earlier this year by Charlie McConalogue TD, Minister for Agriculture, Food and the Marine.

The Regulations apply to buyers with an annual turnover over €2 million and aims to afford protection along the entire agri-food supply chain to weaker suppliers from unfair trading practices of stronger buyers and provides that complaints can be made within certain categories according to the annual turnover of a supplier compared to a buyer. 

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The Regulations sets out 16 UTPs – 10 (black) UTPs which are prohibited in all circumstances and a further 6 (grey) UTPs which are prohibited unless the parties agree clearly and unambiguously beforehand. Your members should be aware that the UTP Regulations have been applicable since 1st July 2021 to all supply agreements established since 28th April 2021 and, from 28th April 2022, all supply agreements, including those that were in place before 28th April 2021, must be in compliance with the Regulations.

To oversee compliance with the Regulations, the Minister has established the Unfair Trading Practices Enforcement Authority (EA) which has the power to investigate complaints made by agricultural and food product suppliers.

Members who are involved in any stage of the agri-food supply chain should familiarise themselves with the provisions of the UTP Regulations so that they understand the respective protections and obligations for suppliers and buyers of agricultural and food products. 

Operators can review the brochure summarising key information on the UTP Regulations.  The EA is available to provide further clarifications and can be contacted at (01) 5058607 or by email u[email protected].  More detailed information on UTP requirements is available at www.utp.gov.ie.