General provisions of food information to consumers - Council Regulation 1169/2011 Speaker: MSc Evangelos Papalexandris TAIEX Expert, Greece Hellenic Food Authority (EFET) Belgrade 3 November 2014

OBJECTIVES: - Initial situation of EU legislation on food labelling - White papers and consultation that led to a revision of the legislation - Response of the EC and summary of main novelties introduced by the new EU Food Information Law

1. INITIAL SITUATION

Legislation on food labelling established in a number of different Directives: 2000/13/EC on general labelling (most of provisions from 1978) 90/496/EC on nutritional labelling (voluntary nutritional labelling) 2002/67/EC on products with high quinine or caffeine content.... This provisions need to be transposed into national legislations Differences exist between national legislations that affect internal maket

2. WHITE PAPERS AND CONSULTATIONS

Commission White Paper on Food Safety (2000) Conference on food labelling, Rotterdam (2006) Consultative document on Labelling: Competitiveness, Consumer Information and Better Regulation for the EU (2006)

COMMISSION WHITE PAPER ON FOOD SAFETY (2000) Consumers have the right to clear and helpful information to allow them to do informed choices. Food information legislation must fullfil consumers’ expectations regarding product quality, essential characteristics and production methods. Operators are free to give more information provided it is true and not misleading.

Consumers show a rising interest in the nutritional value of the food they buy. Importance of food labelling and information campaings to allow consumers to follow a healthy and balanced diet.

CONFERENCE ON FOOD LABELLING, ROTTERDAM, FEBRUARY 2006 Held by The Netherlands and The United Kingdom with the support of the European Commisssion to focus on the future of food labelling

Participants: food manufactures, food retailers, consumers, small business, and officials from the Member States and the European Commission

Main questions addressed: stakeholder’s views on the current situation what needs are not currently met by labelling requirements is some information required on the label less important than others? need of an optimum compromise between mandatory information and label clarity are there other ways to provide information of the product to consumers?

Food business operators’ Conclusions Products are more and more complex with a greater number of ingredients and multilingual labels are needed due to global market Labels are not adequated to provided all information Only essential information should appear in the labels Other information can be provided trought additional means of information (hotlines, websites...)

Consumers’ Conclusions It is difficult to find out information and to understand it Many times characters in the label are not legible Information by means other than a label shouldn’t replace current labelling requirements Not in favour of voluntary approaches

European Commission’s Conclusions Both consumers and FBO ask for a revision of current provisions Label is the main mean to inform consumers about the product, but consumers do not like its appearance nor the information in it FBO consider that current requirements do not allow for innovation Neccesity of a global revision to satisfy all demands

Other Conclusions Current legislation is too complex and not consistent Need of balance between requested information, needed information and understood information Symbols can help to save espace in multilingual labels, but can be understood differenty by different consumers Multilingual labels are needed in a global market, but are a problem for legibility

How to improve current situation: - Need to simplify and consolidate different legal text on food labelling. - Guidelines can help Member States to implement legislation in the same way - It is neccesary to know better what consumers need, want and use -- It is neccesary to improve nutritional information to help consumers to do healthy choices

Consultative document on Labelling: competitiveness, Consumer information and better regulation for the EU - What should be the structure of new legislation: Directive vs Regulation - What should be the scope - How to address legibility problem - Nutritional information must be mandatory? - If voluntary information is allowed, subject to what requirements?

Need for review Modern, coherent legal framework Marketing evolution New demands by consumers Not a coherent legal framework Need for reduction of administrative burdens Protection of consumer rights and competition

3. RESPONSE OF THE EC

Commission Proposal for a Regulation of the European Parliament and the Council on the provision of food information to consumers (31st January 2008)

OBJECTIVES Update and consolidate general information and nutritional information legislation Adopted as Regulation not need to be tranposed into national law Try to remove current inconsistencies between different pieces of legislation Clarify responsabilities of different actors of the food chain Better information on nutrient content

SCOPE All food business operators All stages of food chain All foods intended for the final consumer (included foods delivered by mass caterers and foods intended for supply to mass caterers) Applicable without prejudice to labelling requirements established in specific rules for particular foods

February 2008 – Proposal sending by Commission to Parliament & Council June 2010 – End of 1 st reading by EU Parliament February 2011 – Common position of Council April 2011 – 2 nd 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

Regulation (EU) No 1169/2011 Is the basic Regulation of food labeling (covers General Labelling and Nutrition Labelling) Food information, advertising and presentation (including shape, appearance, packaging, arrangement, display setting) must not mislead and must be accurate, clear and easy to understand In the prepacked food, the required information must be given directly on the package or on a label attached to it.

Τhe new Food Information for Consumers Regulations ("FICR") designed to make food labelling easier to understand for consumers brings together previous rules on general food and nutrition labelling into a single EU regulation. Transitional arrangements set out in the FICR mean that the general provisions will apply from December 2014, and the food labelling provisions from December 2016

The EU has also agreed: to make it easier for alcoholic drinks companies to voluntarily include calorie information on product labels; to enable voluntary provision of calorie information in ‘out of home settings’ such as restaurants, bars and café’s; and to continue to permit selling by numbers – such as a dozen bread rolls or eggs.

1169/2011 at a glance

Mandatory labelling: requirements The name of the food The list of ingredients “allergens” QUID (if necessary) The net quantity of the food The date of minimum durability or "use by" date Any special storage conditions and/or conditions of use Name or business name and address of the food business operator

Mandatory labelling: requirements Country of origin or place of provenance where provided for Instructions for use where it would be difficult to make appropriate use of the food in the absence of such instructions nutrition declaration Lot number

Mandatory labelling: The name of the food The name of the food shall be its legal name. In the absence of such a name, the name of the food shall be its customary name, or, if there is no customary name or the customary name is not used, a descriptive name of the food shall be provided The name of the food shall not be replaced with a name protected as intellectual property, brand name or fancy name.

Mandatory labelling: The list of ingredients

Ingredients are listed in order by weight, according to the amounts that were used to make the food.

Mandatory labelling: “allergens” List of 14 foods and their derivatives subject to allergen labelling – Celery* – Cereals containing gluten (namely wheat, rye, barley, oats, spelt, kamut or their hybridised strains)* – Crustaceans*

Mandatory labelling: “allergens” – Eggs* – Fish* – Lupin*

Mandatory labelling: “allergens” Milk* Molluscs * Mustard* Nuts (namely almond, hazelnut, walnut, cashew, pecan nut, Brazil nut, pistachio nut, macadamia nut and Queensland nut)*

Mandatory labelling: “allergens” – Peanuts* – Sesame seeds* – Soybeans* – Sulphur dioxide and sulphites at levels above 10 mg/kg or 10 mg/litre (expressed as SO2)

The clear reference to the allergen must be given in the ingredients list. Emphasized through a different typeset, e.g. font, style or background colour

Mandatory labelling: Quantitative Ingredient Declaration - QUID (if necessary) When the ingredient – appears in the name of the food or is usually associated with that name by the consumer;

Mandatory labelling: Quantitative Ingredient Declaration is emphasized on the labelling in words, pictures or graphics; or

Mandatory labelling: Quantitative Ingredient Declaration – is essential to characterise a food and to distinguish it from products with which it might be confused because of its name or appearance.

Mandatory labelling: The net quantity of the food Units of volume for liquids and units of mass for other products

Mandatory labelling: The date of minimum durability or "use by" date the date must be given on each individual prepacked portion

Mandatory labelling: Any special storage conditions and/or conditions of use + 4 º C 3 days *- 6 º C 1 week ** - 12 º C 1 month *** - 18 º C 3 months **** - 18 º C or colder 6 months

Mandatory labelling: Name or business name and address of the food business operator – name, business address or denomination of the manufacturer or packer or a seller established within the European Union and, in all cases, address

Mandatory labelling: Country of origin or place of provenance where provided for – An indication of the place of origin or provenance of a food must be given if, otherwise, the consumer could be misled about this aspect of the food – Otherwise, origin information can be given voluntarily

Mandatory labelling: Country of origin or place of provenance where provided for It is mandatory for fresh beef (requirement established during the BSE crisis) fruit and vegetables, honey, olive oil Also for fresh swine, sheep, goat and poultry meat.

Mandatory labelling: Instructions for use where it would be difficult to make appropriate use of the food in the absence of such instructions Only mandatory if difficult to use

Mandatory labelling: Nutrition declaration Mandatory Nutrition Declaration Absolute amounts per 100g/100ml of the prepacked food, anywhere on the pack, using at least the minimum font size

Amount per 100g/ml EnergykJ/kcal Fatg of which saturatesg Carbohydratesg of which sugarsg Proteing Saltg

The obligatory nutritional information may optionally be supplemented with the values of other nutrients including: monounsaturated and polyunsaturated fatty acids, polyalcohol's, starch, food fibre, vitamins or minerals.

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 Nan - 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

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 is permitted the indication of the energy value and the quantities of nutrients by means of other forms of expression (pictograms or symbols, such as the traffic light system)

By 13 December 2017 Commission will report on effect of schemes and need for further harmonisation, informed by information from Member States Traffic Lights?

Mandatory labelling: Foods which are exempted from nutritional labelling Alcoholic beverages containing more than 1.2% by volume in alcohol are currently exempt from the requirement to declare nutritional information and the list of ingredients.

Food which is not pre-packed is also exempt from nutritional labelling, unless the Member States decide otherwise at national level

Guideline Daily Amount (GDA) Guideline Daily Amounts (GDAs) are guidelines for healthy adults and children on the approximate amount of calories, fat, saturated fat, carbohydrate, total sugars, protein, fiber, salt and sodium required for a healthy diet.

Mandatory labelling: Lot number Is the identity of the product! Is a code number of similar products that can help the traceability of product in each case where we might need. Traceability archives are required to be complied by food businesses within the HACCP system. In case the lot number is the same with the expiry date or when all products have the same expiry date have also the same lot number then it can be omitted.

Clarity of Mandatory Particulars The general mandatory particulars must be printed in characters using a font SIZE where the 6th-height is at least 1.2mm

Exception! If the maximum surface of the package is less than 25 cm², nutritional information is not obligatory. On packages with a maximum surface area of less than 10 cm ², neither the nutritional information nor the list of ingredients is required. Nevertheless, the name of the food, the presence of possible allergens, net quantity and the minimum shelf life must always be displayed, irrespective of the size of the package

GM food The presence in foods of genetically modified organisms (GMOs) or ingredients produced from GMOs must be indicated on the label.

Small amounts of GM ingredients (below 0.9% for approved GM varieties) that are accidentally present in a food do not need to be labelled.

PDO - PGI

More Labeling….

Confusing labeling.. ?

Thank you for your attention! Any questions?