CLEARER LABELS FOR CONSUMERS:

UNDERSTANDING THE EU FOOD INFORMATION FOR

CONSUMERS REGULATION

Vitafoods Europe, Geneva5 May 2015

Sofie van der Meulenwww.axonlawyers.com

Introduction Axon Lawyers

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• Amsterdam based law firm with international focus

• Fully dedicated to life sciences, familiar with food business

• Assisting high tech companies bringing innovative food products to the market

• International network through European Alliance of Life Sciences Law Firms

• Reporting current food law developments at our blog Food Health Legal

Agenda

• Background and current status• Understanding the requirements• Expectations of the industry and early findings

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Introduction Regulation 1169/2011

Why? modernizing, simplifying and clarifying current food labelling scene. How?

• Recast horizontal labelling provisions by merging various Directives into one single Regulation.

• Ensure coherence with other applicable legislation.

• Clarification conditions for national legislation.

• Support consumers’ ability to choose a healthy diet.

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Introduction Regulation 1169/2011

Scope of Food Information Regulation:

• applies to food business operators in all stages of the food chain;• applies to all foods intended for the final consumer;• deliberately includes food supply via the Internet.

Relation with other food legislation

• Novel Foods / Medical Foods (consideration 25 nano)• Health and Nutrition Claims (art. 49 new wording art. 7 Health

Claim Regulation)

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Food information..

shall, both in presentation and advertising:• not be misleading;• be accurate;• not attribute pharmaceutical characteristics to food.

Who is responsible for food information?• Food business operator under whose name food is marketed; OR• The importer into the Union market.

Consequences of non-compliance? • Administrative sanctions• Prosecution under criminal law for forgery• Enforcement by Dutch Food Safety Authority? Focus on misleading informationon prepacked foods in 2015.

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Guidance documents

(1) FoodDrinkEurope: Guidance on the Provision of Food Information to Consumers, September 2013

(2) Commission’s Health and Consumer Directorate General: Questions and Answers on the application of the Regulation (EU) No 1169/2011 on the provision of food information to consumers, 31 January 2013

(3) Commission Guidance in the form of Q&A’s re. general labelling and the nutrition declaration, 21 February 2014

(4) Guidance documents on national level by national Food Safety Authorities or Industry associations.

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What’s new per 13 December 2014?Some highlights:

• List of mandatory particulars (art. 9)

• Additional requirements to list of ingredients (info on allergens on non-prepacked food, nano).

• Detailed legibility requirements.

• Country of Origin labelling for unprocessed meats (per 1 April 2015)

• Nutrition declaration (required as per 13 December 2016).

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Legibility requirements

Where should mandatory food information be stated?• prepacked food: directly on product or label attached thereto;• non-prepacked food: MS may adopt national measures to define

the communication and content of mandatory info. (art. 44).

How should mandatory food information be shaped?• Easily visible and clearly legible;• Minimum font size 1.2 mm or 0.9 mm if packaging is smaller

than 80 cm2.

Language? A language easy understandable in the Member State.

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Country of Origin Labelling Art. 26 FIC and Regulation 1337/2013 (from 1 April 2015)

Main rule: Country of Origin or Place of Provenance must be mentioned:• where failure to do so might mislead the consumer;• Specific rules for particular types of packaged unprocessed

meat (swine, sheep, goat, poultry)

Country of Origin? The country in which the animal was born, reared and slaughtered (art. 23 -26 Regulation 2913/92).

The following statement may be used on label if correctness can be proven:

‘Origin’: (name of Member State or third country)

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Country of Origin Labelling

• Animal born, reared and slaughtered in different countries?An indication of the country (Member State or third country) where the animal was reared and the country where the animal was slaughtered have to be specified on the label.

• Pieces packed together? If pieces of meat, of the same or different species, are packed together and correspond to different labelling indications, the label has to indicate the list of relevant countries for each species (art 5(3)).

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Nutrition declaration

• As of 13 December 2016, a nutrition declaration is mandatory for most of the food products.

• Such declaration includes (art. 30)• the energy value (calories) and • the amounts of fat, saturates, carbohydrates, sugars,

protein and salt.

• Exceptions apply to food supplements and mineral waters.

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Nutrition declaration

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Energy value and amount of nutrients (art. 31 – 33):

• Shall relate to food as sold or food as prepared if detailed preparation instructions are given.

• Expressed per 100 g or 100 ml.

• In addition: expression per portion (also state quantity per portion and number of portions.

Presentation? Tabular or linear.Tabular is preferred, but when space does not allow: linear.

Other forms allowed when meeting thecriteria in art. 35.

Claims on your label?

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Regulation 1925/2006 on nutrition and health claims for food products.

NL: Database Claimsverordening from KOAG-KAG (Dutch self-regulatory body that advises on advertisements for health products including food).

Label-check by KOAG-KAG could be interesting. Approval is communicated with Netherlands Food and Consumer Product Safety Authority (NVWA).

! Nutrition declaration is mandatory (art. 49 FIC)

Conclusions & expectations

1. Food information Regulation brings along many changes!

2. Most important ones are (i) many new mandatory particulars, (ii) nutrition declaration and (iii) requirements re. legibility.

3. However, not ful harmonization due to language requirements and room for national measures, for example on allergens.

4. Increasing administrative burden for the industry. Plan to introduce COOL for processed meats (contrary to report in December 2013!).

Resolution February 2015: EP urges European Commission to come with a legislative proposal regarding mandatory COOL for processed meats. Why? Rebuilt consumer confidence in the wake of the horsemeat scandal. 15

Sofie van der MeulenAxon AdvocatenPiet Heinkade 1831019 HC Amsterdam

+31 88 650 6500+31 6 53 44 05 67sofie.vandermeulen@axonlawyers.com

www.foodhealthlegal.com @FoodHealthLegal

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