Boris Johnson's claim that EU red tape forces smoked fish producers to pack their products with "plastic ice pillows" has been exposed as nonsense.

The European Commission has confirmed that it is in fact UK not EU regulation which requires producers of smoked fish to include an ice pack when dispatching their product by post.

Last night, brandishing a kipper from a producer in the Isle of Man at the podium of the final hustings session, the Conservative leadership contender said Brexit would finally free the UK from EU "regulatory overkill".

Image: Boris Johnson claimed Brexit would free the UK from EU 'regulatory overkill'

However, the European Commission food safety spokesperson Anca Paduraru told a press conference in Brussels: "The case described by Mr Johnson falls outside the scope of EU legislation and is purely a UK national competence."

Ms Paduraru said: "Our main priority is the health of our citizens as well as safeguarding the standards in terms of public health and food safety - which are the highest in the world as you know.


"When it comes to the specific case mentioned, while the food business operators have an obligation to meet the microbiological requirements, the safety requirements to ensure the safety of its food, the sale of products from food business operator to the final consumer is not covered by the EU legislation on food hygiene.

"So this means that the case described by Mr Johnson falls outside the scope of the EU legislation and it's purely a UK national competence."

The EU's food safety commissioner Vytenis Andriukaitis was more blunt.

The European Commission says food safety obligations criticised by Boris Johnson are due to rules set by Britain.

On Twitter, he wrote: "Boris, the Isle of Man is not bound to the EU 'pointless and damaging' red tape in food safety that we are proud of because it protects consumers.

"You omitted to say that the Isle of Man is not in the EU. This packaging - UK competence. Yet another smoke. #fakenews."

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At the hustings at the London Excel centre, Mr Johnson got a huge cheer from Conservative party supporters as he raised the packaged kipper into the air.

He said: "If you want to understand why it is that we must leave the EU and the advantages of coming out, I want you to consider this kipper which has been presented to me just now by the editor of a national newspaper who received it from a kipper smoker in the Isle of Man who is utterly furious because after decades of sending kippers like this through the post, he has had his costs massively increased by Brussels bureaucrats who insist that each kipper must be accompanied by this, a plastic ice pillow.

"Pointless, expensive, environmentally damaging 'elf and safety'."

EU regulations do cover wide sectors - and the UK will still have to abide by those regulations even after Brexit for products it wishes to sell into the EU.

But many others areas, including aspects of food safety, have "national competence" - meaning the EU has no say over what or how an individual member country regulates.

Furthermore, the Isle of Man is not itself a member of the EU or part of the United Kingdom.

Ice pillows are included in kippers posted to customers in the UK because of the regulation set by the UK Food Standards Agency.

On its website it says: "All foods must be delivered to consumers in a way that ensures that they do not become unsafe or unfit to eat. Foods that need refrigerating must be kept cool while they are being transported.

"This may need to be packed in an insulated box with a coolant gel or in a cool bag."