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Practical implications of current developments
David Young, Partner4 October 2012
Food labelling and advertising
EU Food Information Regulation
• The Food Information for Consumers Regulation (FIR) – follows an EU-wide review of food and
nutrition labelling legislation– brings EU rules on general and nutrition
labelling together into a single regulation
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?
Mandatory information
• 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
Requirements for mandatory information
• mandatory food information requirements
• same field of vision requirements
Article 13
Requirements for mandatory information
• minimum font size
• exemptions
Presentation
New information to be given with the name of the food
• existing requirements remain
• new requirements
Mandatory nutrition labelling
• ‘back of pack' information
• nutrition declaration
• format
Requirements
Nutrition labelling
• front of pack - options
• loose food
• Guideline Daily Amounts (GDAs)
Country of origin/place of provenance
• when mandatory
• extension of rules
• country of origin/primary ingredient
• implementing rules to be produced within two years after Regulation comes into force.
Requirements
Country of origin/place of provenance
• country of origin labelling could be extended
• European Commission to complete impact assessment
Possible future changes
Allergens
– any ingredient or processing aid specifically listed in the Regulation (eg wheat, eggs, fish, milk etc)
– 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
Mandatory requirements
Food authenticity
– non-ingredient claims
– ingredient substitution
– added water and protein on meat andfish products
Requirements
Timetable
• labelling requirements
• nutrition labelling
• EU and/or national guidance?
• implementing legislation in UK
• impact and practical considerations
Issues
• supply of raw materials• cost and practicality of changing labelling and
packaging• consumer benefit• business benefit• enforcement
Front of pack nutrition labelling
• consultation on front of pack nutrition labelling ended August 2012.
• how to bring more consistency and clarity to the FoP information
presented across the UK
• how to maintain and extend the use of front of pack labelling across the widest possible range of food and drink products
• how to achieve the greatest possible consistency in the content and presentation of front of pack nutrition labelling, in a form which is clearest and most useful to consumers
UK FOP nutrition labelling format
• value
• consistency
Additional forms of expression
• expressing nutrition information in different ways• requirements
– based on sound and scientifically valid consumer research– facilitate consumer understanding
• Government can recommend one or more AFE• Member States to monitor the use of AFE • Commission will report by end 2017
Nutrition labelling issues
• as sold or as consumed?• energy or energy + 4• per 100g or per portion ( portion size)• GDAs?• AFEs?• position on pack• logos and Europe• FIR and ‘pings’
Client experience
• generally “in the field”• Article 30• nothing requiring that the FOP must be a repeat
of the method of expression used on the back
Next steps
• what to look out for in the up coming months...
• consultation summary published
• Government announces next steps
Nutrition and health claims
• December 2006 - EU adopted Regulation 1924/2006 • harmonised EU-wide rules for the use of health or
nutritional claims on foodstuffs based on nutrient profiles • nutrient profiles• key objective of the Regulation - any claim made on a food
label in the EU is clear and substantiated by scientific evidence
The role of the European Food Safety Authority (EFSA)
• EFSA role
• guidance on how to submit claims
Nutrition v health claims
• increasing number of foods sold in the EU bear nutrition and health claims
• what is a nutrition claim?
• what is a health claim?
EFSA list of approved health claims
• Commission Regulation (EU) No 432/2012
• claims lists on the EU register:
Botanical health claims
• botanical health claims – what are they?
• the food/medicine borderline
• “traditional use” and surrounding issues
Discussion paper
• Commission sought Member States’ views in August 2012
• working group meeting to be held in September (date unconfirmed)
The consultation process
What you need to know
• 6 month transition period • ALL stock on the shelf must comply by the 14th
December 2012?• UK Department of Health will issue guidance
Trends in the field
• retailers already refusing to accept non-compliant stock
• retailers passing liability to manufacturers if they provide stock not compliant with the claims after August 2012
Looking ahead
• anticipate future changes to the approved claims
• certain claims require further assessment
• claims that refer to a botanical substance
• 6 month transition period likely to apply to any further changes
Any Questions?