Implementing the new European rules on labelling – 25 November 2011

Parmjit Singh, London

Owen Warnock, Cambridge

Joos Hellert, Munich

Implementing the new European rules on labelling

• The Food Information Regulation – what is changing?

• Timescales for change

• Practical implications for food businesses

This session will cover:

The Food Information Regulation

• Minimum font size for mandatory information

• Nutrition labelling

• Mandatory information on allergens

• Extension of rules for origin of food labelling

• Food authenticity

• Distance selling

• Alcohol

What is changing?

Requirements for mandatory information

• The name of the food

• The list of ingredients (extended)

• Allergens / intolerances from a prescribed list (eg wheat, eggs, mustard, milk etc).

• Quantity of certain ingredients

• The net quantity of the food

• Date of minimum durability or use by date

• Any special storage conditions / conditions of use

What is mandatory information? Article 9

Mandatory information cont …

• Name / business name and address of the food business operator

• Country of origin / provenance

• Instructions for use

• The actual alcoholic strength by volume (beverages containing more than 1.2%)

• A nutrition declaration

Requirements for mandatory information

New information to be given with the name of the foodExisting requirements remain

• eg “with sweetener”, “irradiated”

New requirements

• “defrosted” – if product has been frozen at some prior stage, exemptions

• substituted ingredient: clear indication of the substituted ingredient „where consumers expect an ingredient to be used‟

• added water: products that look like pieces of meat if >5% added water: “contains added water” or similar

• meat and fish products made from pieces which look like single items: “formed meat”, “aus Fleischstücken zusammengefügt” etc

• Caffeine: warning indication on beverages other than tea or coffee with >150 mg/l or non-beverages to which caffeine is added for physiological

purposes

Requirements for mandatory information

• Mandatory food information must be:– marked in a conspicuous place– easily visible, clearly legible– cannot be hidden, obscured, detracted from or

interrupted by any other written or pictorial matter or any other intervening material

• Same field of vision now required for – name and description– net quantity– alcoholic content– NOT now required for „best before‟ or „use by‟ date or

signpost

Article 13

Requirements for mandatory information

• Standard rule - any lower case characters must be equal to or greater than 1.2mm

• Largest surface area is less than 80 cm squared the minimum lower case height must be equal to or greater than 0.9mm

• Exemptions

– glass bottles

– small items (largest surface area is less than 10 cm squared – only name, allergens, net quantity and use by date need appear. What about the remaining information?)

Presentation - minimum font size

Mandatory nutrition labelling

• The nutrition declaration will include:

– energy value and

– the amount of fat, saturates, carbohydrate, sugars, protein and salt

• No requirement for front of pack labelling

• Information to be presented in tabular format where possible

• Exemptions

• Further options

Requirements

Mandatory country of origin / place of provenance labelling

• Mandatory if failure to indicate would mislead

• Extension of the rules for origin of food labelling

– fresh, chilled or frozen meat from pigs, sheep, goat and poultry

• If the country of origin of primary ingredient differs then:

– country of origin of the primary ingredient shall also be given or

– country of origin shall be indicated as being different to that of the food

• Implementing rules to be produced within two years of the Regulation‟s entry into force.

Requirements

Mandatory allergen information

• Allergens

– includes any ingredient or processing aid specifically listed in the Regulation (eg wheat, eggs, fish, milk etc)

– the typeset should clearly distinguish the wording and be set out in the list of ingredients

– not required where the name of the food clearly refers to the substance or product concerned

Requirements

Distance selling

• All mandatory information must be made available before purchase (save for „use by date‟ or date of minimum durability)

• All mandatory information must be available on delivery

• Catalogue selling must also make required information clear

Requirements

Non pre-packed food

• Mandatory provision of allergen info

• Implications for restaurants

• Members States could adopt more

stringent requirements and insist

that more particulars are highlighted to the consumer (eg full list of ingredients)

• Members States may specify how the particulars are to be made available and, where appropriate, their form of expression and presentation

Requirements

Food authenticity

• Food authenticity:

– Ban on saying a product does not contain an ingredient if that kind of product never does –eg fat in wine gums

– Ingredient substitution

made clear on packaging

– Added water and protein

made clear on meat and

fish products

Requirements

Future changes

Many controversial issues left for later

resolution

• Transfat labelling

• Alternative presentation of nutrition information

• Additional legibility requirements

• Extensions of country of origin labelling

• Alcohol labelling

Mandatory country of origin/ place of provenance labelling

• Country of origin labelling could be extended in the future (eg to milk, milk used as an ingredient in dairy products, unprocessed foods, other meats)

• Commission to complete

an impact assessment

Possible future changes

Future Coverage

• Alcoholic beverages are exempt from the requirements to include:

– An ingredient list and

– Nutritional information

• This is subject for review three

years after implementation

Alcoholic Beverages

Timetable for Implementation

• The labelling requirements are to come into effect 3 years after the adoption of the legislation

• The obligations for nutrition labelling will not apply until 5 years after adoption

• When will EU and/or national authorities give guidance?

• Impact on all labels in the end, but in particular consider

– labelling redesign and product relaunch projects

– new product development

Issues

• Supply of raw materials change regularly

• Cost and practicality of changing labelling and packaging

• Restrictions on trade

• Food costs increase as flexibility diminishes?

• Increased bureaucracy for business?

• Are consumers benefiting?

• Difficult to enforce

Questions & Answers

Eversheds contact details

For further information please contact either

one of the presenters on;

Parmjit Singh:+44 845 497 1410 or +44 776 895 4246

Owen Warnock:+44 845 497 4282

Joos Hellert:+49 89 54 56 51 85

Or email: food@eversheds.com