Israel’s food industry is undergoing a historic legal transformation. Since 2015, with the enactment of the Public Health Protection (Food) Law, Israel has embarked on a gradual process of aligning its food regulation with European standards. This process, which began with the adoption of four regulations concerning contaminants and pesticide residues, culminated in the comprehensive adoption of an additional 40 European regulations.
The background to the reform lies in the complex economic and legal reality of Israel’s food market. Until now, regulation was based on a dual system: on one hand, regulations set by the Minister of Health, and on the other, official standards declared by the Minister of Economy and prepared by the Standards Institute. This system often created a complex bureaucratic maze, complicating matters for both importers and manufacturers. The shift to European standards was intended not only to simplify the system but also to adapt it to the reality in which over 70% of food products imported into Israel originate in Europe.
At the beginning of 2025, a significant change took place in Israel’s food legislation, with the entry into force of a series of new provisions adopting European regulation into Israeli law. The chosen legal adoption process is both complex and precise, reflecting the need to integrate European standards with the realities of Israeli law.
The fundamental principle of the reform is the selective and precise adoption of provisions from the European Union, which are defined in law as “adopted provisions.” These provisions are intended to apply to the entire field of food and matters under the authority of the Minister of Health. The legislator set a clear rule: in the event of a conflict between the adopted provisions and local Israeli food legislation, the adopted provisions will prevail. This reflects the significant legal weight given to European regulation under the reform.
However, the law carefully defines the boundaries of adoption. Not every provision appearing in European regulations is automatically considered an adopted provision. The law explicitly excludes several types of provisions: first, when a European regulation refers to other provisions not defined as adopted, such references are not considered part of the adopted provisions. Second, provisions imposing obligations on EU institutions or member states are not included as adopted provisions. In these cases, local Israeli food legislation will continue to apply.
The adopted provisions themselves cover a wide range of areas in the food sector. They include regulations on food labeling, consumer information, gluten requirements, the addition of vitamins and minerals to food, and the regulation of nutritional and health claims that can be made on food products. The aim of these regulations is to replace an entire set of existing Israeli regulations and to harmonize regulatory requirements with those in the European Union.
The legislator chose a gradual and phased implementation model. The interim period, which begins on January 1, 2025, and will last until January 1, 2028, with the possibility of a further two-year extension, will create a differentiated legal regime for different types of food operators. A “compliant importer” importing food via the European route will be subject to all the new adopted provisions, except for labeling requirements. However, such an importer may choose to adopt the labeling provisions as well, provided that advance notice is given to the Registrar.
For manufacturers with Good Manufacturing Practice (GMP) approval and other importers, the law grants greater legal flexibility. They may choose to adopt all or only some of the adopted provisions, except for labeling requirements, provided they give advance notice of their choice. The law also addresses marketers who purchase food from manufacturers or importers who have adopted the new provisions—they will be subject to the same provisions but will enjoy special protection during the interim period from monetary sanctions for violations of the new adopted provisions.
Another significant innovation in the reform is the creation of the “Exclusive Group.” This group, which will operate during the interim period (from January 1, 2025, to August 31, 2029), includes compliant importers in the European route who have notified of the adoption of labeling provisions, manufacturers with GMP approval who have declared compliance with European law, and marketers who purchased food from these parties. It is important to emphasize that the term “compliance with European law” refers to all provisions of European food legislation, not just the adopted provisions.
For the Exclusive Group, the law grants significant legal reliefs. Members of the group are exempt from large parts of Israeli food legislation, including official standards under the Standards Law, orders under the Commodities and Services Supervision Law, and regulations enacted in consultation with the Minister of Health under the Consumer Protection Law. In addition, they are exempt from a long list of regulations, orders, and Israeli guidelines detailed in the thirteenth appendix to the law.
However, the law qualifies these reliefs and defines a closed list of food types that cannot benefit from them. This list, detailed in the twelfth appendix, includes designated foods (with food labeled “gluten-free” not considered designated solely for that reason), dietary supplements, foods intended for infants and toddlers, meat and meat products (except canned meat), fish and fish products (except canned), eggs and egg products, alcoholic beverages, dairy products from unpasteurized milk, and khat leaves.
The reform also includes detailed transitional provisions intended to ensure legal and business certainty. For example, the new adopted provisions will not apply to food produced in Israel or imported before the effective date. For imports, it is determined that the date of submission of the application for a release certificate from the quarantine station will be considered the date of import. These provisions are intended to allow food operators to prepare properly for the transition and to prevent disruption to ongoing business activity.
The gradual implementation of the reform is also reflected in the enforcement system. The law sets a scale of monetary sanctions, with corporations with a turnover of up to NIS 100 million exposed to fines of up to NIS 40,000, and larger corporations to fines of up to NIS 80,000. However, the law recognizes the need for an adaptation period and provides that in the first year, a lenient enforcement approach will be taken.
The complex legal structure of the reform reflects the challenge of integrating a foreign regulatory system into Israeli law. The legislator chose a gradual and balanced approach, allowing the market to gradually adapt to the new requirements while preserving the unique interests of the local market. The distinction between different types of operators, the creation of the Exclusive Group, and the exclusion of certain products from the reliefs—all reflect the complexity of the task and the need for a delicate balance between adopting international standards and preserving the unique characteristics of the Israeli market.
What is the incentive to adopt European legislation now? In our view, a major incentive is the ability to use the European Union’s nutritional and health claims provisions. EU rules allow a wide range of health claims to be made for food products according to their components, such as “zinc contributes to normal cognitive function,” “wheat bran fiber contributes to increased bowel transit,” “vitamin B6 helps reduce tiredness and fatigue,” and many more.
The content in this update is provided for informational purposes only and is not intended to be comprehensive. It does not serve to replace professional legal advice required on a case by case basis.
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