Controls of food and consumer goods
Finnish Customs examines imported foods of non-animal origin as well as the safety and compliance of certain utility and consumer goods in accordance with its sampling plan. Customs also examines some of the so-called combined foodstuffs, which include, in addition to ingredients of a plant origin, refined animal-based ingredients. Customs’ competence is based on Act on Import Controls of Animals and Certain Goods, the Food Act, the Consumer Safety Act, the cosmetics Act and the Chemicals Act. The control samples are analysed at the Customs Laboratory. The results are reported regularly to e.g. Finnish Food Authority and the EU Commission.
Customs only controls commercial imports. The examined foodstuffs can be intended for private use, institutional catering (restaurants, foodservices etc.) or as raw-materials for the food industry. Examined commercial goods in turn, are goods intended for private consumption or products used in connection with consumer services.
How are products controlled?
Customs controls the import of products on the product lists below both in EU’s external and internal trade. Goods to be cleared through customs are generally not released onto the market until they have been examined by the laboratory. In internal control, restrictions on movement i.e. prohibiting the introduction of goods, is only implemented in certain cases.
The control of products and qualities, which are most likely to deviate from set norms and regulations, are carried out based on risk assessment (e.g. products under EU-wide increased control). See more details in section: ‘Increased import controls of foodstuffs and food contact materials’.
The holder of goods has the choice to have a counter sample taken in accordance with specific applying regulations.
The examinations concern for example food additives, traces of plant protectants, mould toxins, other foreign substances as well as the microbiological quality and genetic modification of foods. The examinations include e.g. examining the conveyance of heavy metals and various other harmful substances into supplies and materials that come in contact with foodstuffs. Consumer goods, on the other hand, are examined for example regarding the mechanical and chemical properties of toys, the colouring agents in textiles, prohibited and restricted ingredients in cosmetics and the heavy metal content in non-genuine jewellery. Warning labels and other package labels on foodstuffs and consumer goods are also inspected.
What happens to the goods that breach regulations?
If, during examinations, a product is found to breach regulations, the Product Safety Unit of Finnish Customs makes a decision in the matter. Customs cleared goods items, which are found to breach regulations are not released for free circulation. The operator is responsible for taking released products in breach of regulation off the market. Finnish Food Authority and the Finnish Safety and Chemical Agency (Tukes) provide guidance if necessary.
The return of rejected goods back to the seller (cancelling the purchase) or other forms of export may be possible under case-specific conditions. A goods item that breaches regulations can also be destroyed under customs control, either at the request of the holder of the goods or on order by the authorities. A Goods items can possibly be made compliant with the regulations through reconditioning (e.g. by changing package labels). For example, an organically produced product is suitable for the market as a conventionally produced product, if all the requirements of the conventionally produced product are met, and the references to the organic production method are removed or covered up in the whole consignment as well as in documents related to it. In some cases the product safety unit may approve some other use for the goods item.
All procedures except destroying the goods require written approval from the product safety unit. Destroying the goods is agreed upon with the supervising customs office.
Regarding a product item in breach of regulations, planned actions must be taken within 60 days from the date the decision on rejection made (from 1.5.2022).
Please note! The Finnish Food Authority controls the import of animal-based foodstuffs (e.g. meat, fish and milk). The relevant market surveillance authorities control consumer goods that are not inspected by Customs itself. Customs assists other authorities as agreed.
Import and entry to the market of plastic food contact materials containing bamboo flour, rice flour or other unauthorised vegetable fibres is prohibited. Plastic products containing unauthorised vegetable fibres do not comply with food contact material law (e.g. the EU:s plastics regulation 10/2011). Migration of, for example, melamine and formaldehyde has been found to exceed limits in plastic food contact materials containing bamboo. These prohibited materials have been used as a filler in the manufacture of various take-away beakers, children’s tableware and cutlery, for example.
Read more on the Finnish Food Authority’s website (in Finnish)
- vegetables, mushrooms and their derivative products
- fruits, berries and their derivative products
- nuts, almonds and their derivative products
- juices, drinks (not ones subject to the Alcohol Act) and drinking stuffs
- cocoa, coffee, tea and their derivative products
- grains, grain products and bakery products
- leguminous vegetables, seeds (not sowing seeds) and their derivative products
- sweets, chocolate and other sugar products
- spices and seasoning products
- gravies, soups, broths and soup ingredients
- food products, desserts and snack products
- food greases and oils (non-animal-based)
- food/dietary supplements and novel foods
- baby food, special food products for athletes, clinical nutrients
- combined foodstuffs (only if less than 50 % of the product is processed animal-based stuff)
- foodstuff additives.
Finnish Customs controls all organic products from outside the EU (Act on Organic Production 1330/2021). A certificate of inspection of the consignment from the Traces system must be presented to Finnish Customs in connection to the customs clearance. Customs checks that organic food items of non-animal origin comply with the regulations on organic production, and that they meet the criteria set by the food legislation. Customs controls that the criteria set by the food legislation are also met regarding organic food items of non-animal origin arriving from other Member States.
As of 1 January 2022, organic products that are subject to intensified EU-wide controls can be imported only via border control posts approved for these products (EU regulation 2018/848). Products that fall under the scope of intensified controls are, for example, products under the scope of Regulation (EU) 2019/1793.
Read more on import of organic products in Customs restrictions manual (in Finnish).
More information about declaring organic products in the TRACES system is available on the website of the Finnish Food Authority.
- tableware meant for use with foodstuffs, cutlery, household supplies, household machines and packaging material that comes into contact with foodstuffs
- toys (products and materials meant for children under the age of 14)
- clothes and other textiles for babies and toddlers (under the age of two)
- clothes meant for children and youths, with cords and strings
- textile and leather products that come into contact with the skin (e.g. underwear, bed linen, shirts, hats, scarves, gloves)
- textiles that do not come into direct contact with the skin (e.g. outer clothing, bedspreads)
- metallic objects that come into contact with the skin (e.g. non-genuine jewellery, watchbands, press studs, zippers)
- child care supplies (e.g. changing mats, diapers, bibs, pacifier chains etc.)
- Cosmetic products
- Candle products
- certain plastic products (PVC and other plastics; incl. office supplies, household supplies and toiletries, packing materials)
- reflectors meant for consumer use.
If conflicts arise in conjunction with the controls on foods and food contact materials, operators have the right to obtain either a second expert opinion or a counter sample. In both of these cases, the operator is responsible for the expenses.
A second expert opinion means a review of the documents pertaining to the control sample taken by Customs. It is a legal remedy for the benefit of the operator that is laid down in Article 35 of the Official Controls Regulation (EU) 2017/625. The operator is responsible for finding the expert needed for the second opinion and for submitting the expert’s statement to Customs’ Product Safety Unit within the agreed time limit.
A second expert opinion is not an option when the operator has the right to obtain a counter sample based on sector-specific sampling regulations that allow for a counter sample. The operator receives the counter sample from Customs, and it is examined at the operator’s expense. The counter sample must always be requested before the taking of the control sample has been scheduled with the sampling group. Counter samples can be requested at jlnaytteenottojatarkastus(at)tulli.fi. It is not possible to take the counter sample once the results for Customs’ control sample have been obtained.
Laboratory examinations initiated by the customs authorities are subject to charge (Decree of the Ministry of Finance on Chargeable Performances Provided by Finnish Customs 970/2020).
Goods under the scope of the Food Act
- 526 euros/lot, when 1–3 samples are examined
- 636 euros/lot, when 4 samples or more
- 277 euros/lot, when the value of the import consignment is no higher than 1 500 euros
- 238 euros/lot in the case of re-examination after improvement measures (when the value of the import consignment exceeds 1 500 euros)
Goods under the scope of the Consumer Safety Act
- 427 euros/lot, when 1–3 samples are examined
- 526 euros/lot, when 4 samples or more are examined
- 222 euros/lot, when the value of the import consignment is no higher than 1 500 euros
- 337 euros/lot in the case of re-examination after improvement measures (when the value of the import consignment exceeds 1 500 euros)
Goods under the scope of the Act on Control of Organic Production
- 357 euros/lot, when 1 sample is examined
- 457 euros/lot, when 2 samples or more are examined
- 277 euros/lot, when the value of the import consignment is no higher than 1 500 euros
- 536 euros/lot, when the import consignment consists of organic feed
The official control of foodstuffs and materials that come into contact with foodstuffs is based on an EU control regulation 2017/625, which provides that the functionality and effectiveness of controls are to be audited regularly. Internal and external audits are carried out for verifying if controls are working flawlessly and in accordance with the plans.
Customs has an audit organisation with representatives from various Customs units. Finnish Food Authority coordinates the auditing of the control of foodstuffs at a national level.
Changes in the import of foodstuffs 14 December 2019:
- Controls regulation (EU) No 2017/625
- Import Control Act (1277/2019)
- General Food Law Regulation (EC) No 178/2002
- Regulation on materials and articles intended to come into contact with food (EC) No 1935/2004
- Food Act (23/2006)
- Consumer Safety Act (920/2011)
- Chemicals Act (599/2013)
- Cosmetics Regulation (EC) No 1223/2009
- Cosmetics Act (492/2013)
- REACH Regulation (EC) No 1907/2006
- Toy Safety Act (1154/2011)
- Government Decree on information to be provided on consumer goods and consumer services (613/2004)