BUILDING CAPACITY OF SME’s ON EU
FOOD & PACKAGING STANDARDS
EU Legislation on Labelling, Presentation & Advertising of
foods
Food Information to Consumers
Reg 1169/2011 & Reg 1924/2006
Thessaloniki 11.06.2012
Fundamentals of EU Food Law
Regulation 1169/2011
Need for review
Marketing evolution
New demands by
consumers
Not a coherent legal
framework
Need for reduction of
administrative burdens
Modern,
coherent
legal
framework
Protection of
consumer rights and
competition
The Ordinary Legislative Procedure for the adoption of
Regulation 1169/2011
•
•
•
•
•
•
•
February 2008 – Proposal sending by Commission to Parliament & Council
June 2010 – End of 1st reading by EU Parliament
February 2011 – Common position of Council
April 2011 – 2nd reading by EU Parliament – 134 amendments
July 2011 – adoption of the text by Parliament
September 2011 – adoption by Council
November 2011 – publication of 1169/2011
Definition of Food Information to Consumers
• information concerning a food and made
available to the final consumer by means of
– a label,
– other accompanying material, or
– any other means including modern technology tools
or verbal communication
Basic Principles
•
•
•
•
high level of protection of consumers’ health & interests
assist in the free movement of foodstuffs - Internal Market
transitional periods be offered to introduce such obligations
open dialogue & consultation with stakeholders during law
changes
• food information should not be misleading & be provided in a
clear, accurate & easy to understand format for the consumer
so they can make ‘informed’ choices
• obligations placed on food business operators throughout the
food chain [like Reg 178/2002] to ensure information is
accurate & in line with EU Law
List of mandatory particulars
a.
b.
c.
d.
e.
f.
g.
name of the food*
list of ingredients
“allergens”
QUID (if necessary)
net quantity of the food*
date of minimum durability or "use by" date
any special storage conditions and/or conditions of
use
h. name or business name and address of the food
business operator
List of mandatory particulars
i) country of origin or place of provenance where
provided for
j) instructions for use where it would be difficult to make
appropriate use of the food in the absence of such
instructions
k) alcoholic strength by volume for beverages containing
more than 1,2 % by volume of alcohol*
l) nutrition declaration
m) Lot number
* On the same field of label
Additional mandatory information
• Substances causing allergies or intolerances
– No change in the list of 14 substances or products causing
allergies or intolerances (Annex II).
– “Allergens” indicated in the list of ingredients with a clear
reference to the name of the substance or product
– In the absence of a list of ingredients, the indication of
the declaration of “allergens” shall comprise the word
"contains" followed by the name of the substance
– The declaration of “allergens” shall not be required in in
cases where the name of the food clearly refers to the
substance.
Additional mandatory information
• Substances causing allergies or intolerances
– The name of the substance as listed in Annex II shall
be emphasised through a typeset that clearly
distinguishes it from the rest of the list of ingredients,
for example by means of the FONT, style or
background colour.
• INGREDIENTS: Wheat flour, water, eggs,
vinegar,….
Additional mandatory information
• Substances causing allergies or intolerances
– Declaration of “allergens” becomes mandatory for:
• Glass bottles intended for reuse which are indelibly marked
and which therefore bear no label
• Packaging or containers the largest surface of which has an
area of less than 10 cm²
– (List of ingredients shall be provided through other means or shall
be made available at the request of the consumer).
• Non-prepacked foods (national provisions for the retail
market)
Additional mandatory information
• Nano - ingredients
– All ingredients present in the form of engineered
nanomaterials shall be clearly indicated in the list of
ingredients. The names of such ingredients shall be
followed by the word "nano" in brackets.
Additional mandatory information
“contains a source of phenylalanine”
if aspartame/aspartame-acesulfame salt is
designated in the list of ingredients by its specific
name.
“contains aspartame (a source of phenylalanine)”
if aspartame/aspartame- acesulfame salt is
designated in the list of ingredients only by
reference to the E number.
Additional mandatory information
Beverages with caffeine content > 150 mg/l (other
than ‘coffee” or “tea”)
"High caffeine content. Not recommended for children
or pregnant or breast-feeding women" + caffeine
content
Foods other than beverages, where caffeine is added
with a physiological purpose
"Contains caffeine. Not recommended for children or
pregnant women" + caffeine content
Same field of vision as the name
Legibility – minimum font size
• Most frequent consumer complaint: Labels not
easily read
• minimum font size
– 1.2 mm (“x-height”)
– 0.9 mm largest surface < 80 cm²
• Commission shall, by means of delegated acts,
establish rules - on other aspects - for legibility
Distance selling
• All mandatory food information, except DMD /
UBD, shall:
– be available before the purchase is concluded and
– appear on the material supporting the distance
selling or be provided through other appropriate
means clearly identified by the FBO.
• All mandatory particulars shall be available
upon delivery.
Nutritional declaration
Nutrition declaration
• Today:
• Nutrition labelling voluntary, except in specific cases:
– … where nutrition claims are made (directive 90/496)
– … where health claims are made (regulation 1924/2006)
– … where vitamins and minerals are added to the food
(1925/2006
• 13 December 2016:
– Nutrition declaration becomes mandatory
Excemptions from mandatory nutritional deccarations
• (no exemption if nutrition or health claims or fortified food)
• Packaging or containers the largest surface of which has an
area of less than 10 cm²
– (must be provided through other means or made available at the
request of the consumer)
• Beverages containing > 1,2 % of alcohol
• Report from COM before Dec 2014 on whether alcoholic
beverages should in the future bear a list of ingredients and a
nutrition declaration.
• Foods listed in Annex V.
Annex V
• Unprocessed products that
comprise a single ingredient
• Processed products which the
only processing they have been
subjected to is maturing and that
comprise a single ingredient
• Waters, herbs, spices, salt,
sweeteners, coffee, tea, infusions,
vinegars, flavourings, additives,
processing aids, enzymes,
gelatine, yeast, chewing-gums, …
• Food in packaging or containers
the largest surface of which
< 25 cm²
• Food, including handcrafted food,
directly supplied by the
manufacturer of small quantities
of products to the final consumer
or to local retail establishments
directly supplying the final
consumer
• The mandatory nutrition declaration shall include
the following:
– (a) energy value
– (b) fat, saturates, carbohydrate, sugars, protein and salt *
• * ‘salt’ = salt equivalent = sodium × 2,5
• Where appropriate, a statement indicating that the
salt content is exclusively due to the presence of
naturally occurring sodium may appear in close
proximity to the nutrition declaration.
• The content of the mandatory nutrition declaration may be supplemented
with an indication of the amounts of one or more of the following:
–
–
–
–
–
–
(a) mono-unsaturates;
(b) polyunsaturates;
(c) polyols;
(d) starch;
(e) fibre;
(f) vitamins or minerals present in significant amounts *.
* Significant amount of vitamins and minerals:
(Annex XIII)
• 15 % of the NRV**s by 100 g or 100 ml for products other than beverages,
• 7,5 % of the NRVs by 100 ml for beverages, or,
• 15 % of the NRVs per portion if the package contains only a single portion.
– ** NRV : Nutritional Reference Value
• Claim on nutrients included in the definition of ‘nutrition labelling’
 stated within the nutrition table.
• Claim on nutrient/substance not included in the definition
 stated in the same field of vision as the nutrition labelling.
• Calculation: guidelines in preparation on
tolerances and rounding.
• In cases of negligible amounts, the information
may be replaced by a statement such as
‘Contains negligible amounts of …’ in close
proximity to the nutrition declaration when
present.
• Presentation together in a tabular or linear
format.
% Reference intakes
• Reference intakes for an average adult
• The Commission shall adopt implementing acts
on reference intakes for specific population
groups
Additional forms of nutr decl expression
• In addition, on a voluntary basis, other forms of expression and/or presented
using graphical forms or symbols in addition to words or numbers may be
used.
• Compliance with essential requirements: consumer research, scientifically
based, consultation of stakeholders, improve understanding, …
• No prior endorsement from Member States needed.
• Monitoring by Member States (notification).
• Implementing acts by COM.
• Report from COM by 13/12/2017.
Nutrition declaration : main changes
Transitional measures
Up to
13.12.2014
From 13.12.2014
to 13.12.2016
from 13.12.2016
Today up to 13.12.2014
Optional
Mandatory
Health or
nutrition claim
Rest of foods
Fortification
Compliance with
Compliance with
Dir 90/496 or Reg
1169/2011
Dir 90/496
Or
Reg 1169/2011
29
From 13.12.2014 – 13.12.2016
Mandatory
Optional
Health or nutrition claim
Fortification
For the rest foods
Compliance with 1169/2011
Compliance with 1169/2011
(Dir 90/496 not valid)
(Dir 90/496 not valid)
30
From 13.12.2016 Mandatory
Deviations
All foods
App V
Reg 1169/2011
31
Voluntary schemes
INDUSTRY
vs
CONSUMER NGOs - Retailers
• Member States permitted to recommend to food business operators one or more
additional formats to provide nutritional information & shall provide the Commission with such
additional approved formats.
• M.S. can also demand food business operators notify them of any new formats they intend to
utilise
Origin labelling
Place of provenance / Country of origin
• ‘place of provenance’ means any place where a
food is indicated to come from, and that is not
the ‘country of origin’ as determined in
Regulation 2913/92
– the name, business name or address of the food
business operator on the label shall not constitute an
indication of the country of origin or place of
provenance of food
Mandatory origin declaration
• where failure to indicate this might mislead the
consumer as to the true country of origin or
place of provenance of the food
• for meat falling within the Combined
Nomenclature (‘CN’) codes.
• Also mandatory for
•
•
•
•
Virgin olive oils
Honey
Fish
Poultry meat imported from third countries
Optional declaration of origin
Let’s examine two cases
1. Chocolate manufacturing in Greece
2. Cocoa packaging in Greece
*ingredients (cocoa, sugar are imported)
Does anyone has the right to give a “GREEK
PRODUCT” declaration??
Next steps…
• Dec 2014 report by Commission for mandatory
declaration for place of provenance / country of
origin for
– Milk
– Milk used as ingredient in dairy products
– Unprocessed foods
– Single- ingredient products
– Ingredients representing more than 50% of a product
The primary ingredient concept
• ‘primary ingredient’ means an ingredient or
ingredients of a food that represent more than
50 % of that food or which are usually associated
with the name of the food by the consumer and
for which in most cases a quantitative indication
is required
• Sausage “produced in Greece” but meat not of
greek origin , then “produced in Greece with
German meat”
Quantitative Ingredient
Declaration - QUID
QUID mandatory
• When the ingredient
– appears in the name of the food or is usually
associated with that name by the consumer;
– is emphasized on the labelling in words, pictures or
graphics; or
– is essential to characterise a food and to distinguish it
from products with which it might be confused
because of its name or appearance.
Nutrition & Health claims
Definition
• Claim is a statement for specific product or
ingredient characteristics
– Nutrition claim : concerning nutritional properties
– Health claim : concerning with effects to the
consumer’s health
Regulation 1924/2006 - Target
Ensure the highest level for consumer's
protection
Enable consumers choices by providing a
variety of products
Minimise differences
within legal requirements
fo claims
Ensure free movement of
foods throughout internal
market
Regulation 1924/2006 - Application
Labelling
Commercial
communications
Presentation
and
advertisment
Trademarks
Not applicable to
Not commercial communications (research
not combined with a specific product)
Guidance documents or nutrition
advice published by competent
authorities
Scientific reviews, communications
in conferences
What claims are not permitted
NOT PERMITTED CLAIMS
Misleading
Source of ω-3 FA
when this is not true
Those state that
Claims reffering
Claims
a balanced diet
Raise
to changes in
cannot give
supporting
concerns
physiology
sufficent
about safety which can cause the extending
amounts of
consumption
a
feeling
of
fear
nutrients
Drop off saturated
FA from your diet
Are there still
and substitute them parents giving foods
with olive oil
with saturated FA to
their children?
of a product
Consume as much
as you want
The only way to
cover your needs for
Ca is to consume
product X
General rules for using claims
• Presence or absense of a nutrient to have a
justified effect based on scientific evidence
• Ingredient existing or not to significant
amounts
• Claim must be understandable by consumers
Nutrition claims
• Permitted are included to the Appendix of Regulation 1924/2006
http://ec.europa.eu/food/food/labellingnutrition/claims/community_register/nutrition_claims_en.htm
Health claims
Claims related to the
role of an ingredient to
the normal physiology
Claims of 13.1 based on new scientific
evidence or industry innovation
Reduction of risk for a
disease
13.1
13.5
14.1b
Health of kids
14.1b
• Fibres contribute to the
normal physiology of
intestine
• Water soluble tomatopaste
contribute to maintenance of
haemoglobin
• Phytosterols lower blood
cholesterol levels
• Ca is necessary for the
normal growth of bones in
kids
Assesment of health claims
• FBOs provide EFSA data through M-S authorities
• EFSA assesses the data and provides positive or
negative opinion
• Standing committee – General Food Law
approves or not the claim no matter what EFSA
opinion is
• Transitional period 6 months for changes in labelling
• Community registrar