European Food Information to Consumers Regulation REGULATION (EU) No 1169/2011 Brings together general food labelling and nutrition labelling. Published in November 2011 – transition to the new labelling rules underway. Most of the general labelling requirements apply from 13 December 2014, with nutrition declarations needed from 13 December 2016 Commission launched proposal back in 2008 to simplify and bring together existing EU rules into one piece of legislation. After more than 3 years of discussions involving the European Parliament and the Council of Ministers, the new Reg was agreed and published in November 2011. There are long transitional arrangements to allow businesses time to adapt to the new rules and this should be a help to smaller enterprises. The FIC as it’s known sets out that implementing rules have to be developed and several reports have to be completed in respect of various aspects and this will take time. In the meantime the existing regulations will remain in place. More to come, but the direction of food labelling has been set for the next 30 years.

Basic Principles High level of protection of consumers’ health & interests Assist in the free movement of foodstuffs - Internal Market 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 Food businesses have responsibilities throughout the food chain.

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

List of mandatory particulars name of the food* list of ingredients (Physical condition or treatment, Added proteins if of a different animal origin (meat products/preps & fishery products) “allergens” Quantitative Indication(if necessary) net quantity of the food* 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

List of mandatory particulars 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 alcoholic strength by volume for beverages containing more than 1.2 % by volume of alcohol* nutrition declaration Lot number – separate rules * On the same field of label

Additional mandatory information Substances causing allergies or intolerances The name of the substance as listed in Annex II must 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,….

EU list of allergens (new Annex II is the same as previous Annex IIIA) Peanuts Nuts Milk Soya Mustard Lupin Eggs Fish Shellfish Molluscs Cereals containing gluten Sesame Celery Sulphur dioxide

What’s on a label? –prepacked food

Emphasis of allergens in label (Article 21) In an ingredient list Allergen highlighted e.g. Peanuts Peanuts,salt,butter,chocolate If no ingredient list then on the wrapping with a statement e.g. Contains Peanuts The FIC mentions emphasis by Type set Font style Font size Background and Colour Will need to be emphasized.

Name of allergen in ingredient list (Article 21). Ingredients: Wheat flour, casein (Milk), sugar, water Tahini(Sesame) Tofu (Soya) Albumen (Egg) Lactose (Milk) Whey (Milk) Ghee(Milk) Tilapia (Fish) Prawn (Crustacean) Oyster (Mollusc) Yoghurt (Milk) Cheese(Milk) Butter (Milk) Cream (Milk) Casein is a derivative of milk so it needs to have a statement in brackets after it as shown. Other derivatives are treated in the same way. BRC are suggesting to their members that despite consumer understanding they will recommend their members to insert milk in brackets after products like yoghurt, cheese, butter and cream. Derivative followed by allergen name. BRC opting to use this format

Allergens (Article 21). Not required if allergen listed in name of food Contains ‘...’ if no INGREDIENTS list e.g. An allergen may be used in preparation of food that does not need an ingredient list e.g. Wine that contains sulphites. This would require the statement “Contains sulphites.”. Emphasis of allergen is not required when it is in the name of food e.g. Roasted Peanuts. An allergen may be used in preparation of food that does not need an ingredient list e.g. Wine. That contains sulphites. This would require the statement “Contains sulphites.”. FIR requirements relate only to deliberate inclusion of one or more of the 14 allergens. It does not include cross contamination. It is up to Member States to determine how allergen information is provided to consumers in the case of loose foods, including caterers.

Position on Advice Boxes (Article 21). The allergen details need to appear in the ingredients list. Allergy Advice boxes will disappear but may be replaced with a statement e.g. “ Food allergens are highlighted in the ingredients list” Old BRC Guidance freely available from BRC web pages. New Food allergens are highlighted in the ingredients list.

Allergen information for loose food (Article 44 (1A)) FBOs are required to provide information on Annex II allergens used in the preparation of foods. This applies to FBO such as e.g. caterers, delicatessen, butchers, bakers, confectioners, stalls and vehicles selling loose unwrapped food. In addition manufacturers supplying these FBOs also have to provide the appropriate allergen details relating to their food. Required to provide information on Annex II allergens used in the preparation of foods. It is not acceptable to only provide information on request. The FBO needs to have systems in place that clearly show to some one with a food allergy that assurances on allergenic ingredients in food on sale can be identified. There is an expectation to see evidence of support. FSA Survey Published facts 2013. 60% FBO have a written policy on allergens (Tend to be the larger FBO/institutions 14% focus on peanut information 20% give information orally 64% give information either orally or in writing 6% written only 7% nil 29% state products may contain Awareness of FIC allergen requirements is 1 in 5 Scotland 30% aware Wales 14%. NI (In between). 90% recognise that they need to do more to achieve compliance including training of staff.

Food Allergies & Intolerances Non-prepacked food The allergenic ingredient must be declared Can use a contains statement, charts, tables etc. e.g. Pasta – Contains: wheat, eggs Consider accessibility of allergen information. Signposting to where information could be found when it is not provided written and upfront. Information and signposting should be where consumer would expect to find allergen information e.g. in a folder, on menu board, at till or on the menu card Food Allergies & Intolerances Before you order your food and drinks, please speak to our staff if you have a food allergy or intolerance

Communication is key Accuracy is dependent on correct labelling, updating information, updating staff and consumers The person buying the food The person handling the food The person taking the order The person ordering the food Regular reviews, keep information current Regularly review the ingredients information Where ingredients change, review the accuracy of the recipe Do your garnishes or dressings change the allergenic profile? Check!

Resources Link: http://www. food. gov

Think allergy poster

FSA leaflets – prepacked and non-prepacked

Material for schools Allergy Adventures poster for children This colourful poster showcases the top 14 allergens and helps educate children about behaving safely around food allergies in a fun and engaging way. It is intended to be printed out as an A3 document and is available in both English and Welsh, as well as in full colour and print-friendly versions, as required.

Poster for secondary schools This poster and template letter (available on FSA website) to head teachers and school governors is intended for distribution by local authorities in promoting the allergen rules, in local schools. The poster can be printed out as an A3 or A4 document as required.

Legibility – minimum font size Most frequent consumer complaint: small print on labels minimum font size 1.2 mm (“x-height”) 0.9 mm largest surface < 80 cm² Commission expected to introduce rules - on other aspects - for legibility

Distance selling In the case of foods offered for sale by means of distance communication, mandatory food information to be available before purchase is concluded and to appear on the material supporting the distance selling or be provided through other appropriate means clearly identified by the food business operator All mandatory information to be available at the moment of delivery

Scope of Regulation EU FIC Mandatory information applies to all food within supply chain and all FBOs along that chain (charities and fairs can be excluded provided that they are not operating as a business) Transport (e.g inflight catering within MS) are included within scope e.g to provide information on allergens Mis-leading food information Responsibilities of the FBO: FIR changes responsibility to: Operator under whose name a food is marketed or imported. If FBO changes label they are liable for the accuracy and safety and information must not mislead the consumer. Business to Business communication; Duty on all FBOs to cascade information to ensure that the consumer can be accurately informed. The EU Regulation has a very wide scope and covers all food within the supply chain – all registered food business operators providing food to the public or mass caterers, with the exception of individuals occasionally preparing/serving food at charity events/fairs – so long as they are not doing it as a FBO. Transport: The scope also includes catering services provided by transport undertakings (e.g. Labelling of inflight catering ) when the departure takes place within Member States. Still the same strong emphasis regarding misdescription of food. Food information must not be misleading by means of appearance or description of the presence of ingredients normally in a food but which have been substituted. The operator under whose name a food is marketed is responsible for providing the mandatory food information. There are also requirements for business to business communication through the food supply chain to enable each FBO to fulfil their legal obligations

EU FIC Nutrition labelling Nutritional labelling will become mandatory for most prepacked foods from 13 December 2016 EU FIC also contains rules governing the provision of voluntary nutrition information: - “repeat” nutrition labelling on “front of pack” of prepacked foods - nutrition labelling for non-prepacked foods - - nutrition (energy) labelling for alcoholic drinks Manufacturers that voluntarily put a nutrition table on a label must meet the requirements of EU FIC If a food makes a nutrition/health claim or if manufacturer adds vitamins/minerals to food, must make nutrition declaration Nutritional labelling rules do not apply to Food Supplements or Natural Mineral Waters I will now talk about the nutritional labelling requirements …. Nutritional labelling is mandatory from 13 Dec 2016 for most prepacked foods. There are some exemptions and these are outlined in Annex V, and I will cover these in the next slide. EU FIC also contains rules on the provision of voluntary labelling – e.g. repeat ‘front of pack’ labelling of prepacked foods, labelling of non-prepacked foods and nutrition labelling of alcoholic drinks. Manufacturers that voluntarily put a nutrition table on a label at present must now meet the requirements of EU FIC. If you make a nutrition and/or health claim or add vitamins and/or minerals to a foodstuff, you must make a nutrition declaration in accordance with EU FIC from 13 December 2014. The nutritional labelling rules do not apply to Food Supplements (these fall within the scope of Directive 2002/46/EC) or Natural Mineral Waters (these fall within the scope of Directive 2009/54/EC)

Exceptions to nutrition requirements. Un processed single ingredient Water/flavoured water Herbs and spices Salt and its substitutes Table top sweeteners Coffee Herbal/tea/fruit infusions Fermented vinegar Flavours/additives/process aids/enzymes. Jam and setting compounds Chewing Gum Yeast Packages < 25cm square Food (inc handcrafted food) directly supplied by manufacturer of small quantities to final consumer or to local retail establishments directly supplying the final consumer. This is a list of foods that are exempt from the mandatory nutrition declaration.

Voluntary Information – “front of pack” Energy value or Energy value plus Fats Saturates Sugar Salt EU FIC allows voluntary repetition of pre-packed food labels of those elements of the mandatory nutrition declaration that are of key importance for public health. If you choose to provide this repeat information, it must be: • Energy value (kJ and kcal) alone; or • Energy value (kJ and kcal) plus fat, saturates, sugars and salt (energy + 4) You can provide FoP nutrition information: • per 100g or per 100ml only (applies to energy value alone and energy +4); • per 100g or per 100ml plus per portion and/or per consumption unit (applies to energy value alone and energy +4); • if you provide information on energy + 4, you can express the amounts of the four nutrients per portion and/or consumption unit only, but you must express the energy value both per 100g or per 100ml and per portion and/or consumption unit – AS THE EXAMPLE HERE SHOWS The minimum font size of 1.2mm applies to FoP labels – font size cannot be reduced for small packages.

Example Tabular preferable but if space is limited it can be linear. Information can be repeated on Front of pack (1.2mm font “x” height). Energy Value Energy value plus (fat, saturates, sugars and salt) Per 100g Energy kJ/ Kcal Fat g Of which saturates Carbohydrate Of which sugars Protein Salt Other information that can be added Mono unsaturates Poly unsaturates Polyols Starch and Fibre. Also Vitamins that are present in significant amounts (expressed as % of reference intakes) The energy reference intake for adults is 8400 kJ or 2000 kcal

Annex XV Nutrition Declaration Per 100g Energy kJ/ Kcal Fat g Of which Saturates Mono-unsaturates polyunsaturates Carbohydrate sugars Polyols starch fibre Protein Salt Vitamins/ minerals Units in Annex XIII

Additional Nutrition Information There is a list of vitamins and minerals in Annex 13 which may be declared and rules on significant amounts. E.g. 15% NRV by 100g or 7.5% NRV per 100ml for beverages. Whilst nutrition information required on a per 100g/ml basis is mandatory, there is allowance for additional ‘per portion’ information allowed voluntarily. % Reference Intake information may be provided voluntarily on a per 100g/ml or per portion basis If a nutrition claim is made about any of the supplementary nutrient information then the mandatory provisions apply. Voluntary Nutrition information Voluntary information can be given for mono-unsaturates, polyunsaturates, polyols, starch, fibre Vitamins or minerals in Annex XIII and present in significant amounts. Whilst information required on a per 100g/ml basis for mandatory, there is allowance for additional ‘per portion’ information allowed voluntarily %GDA information may be provided voluntarily on a per 100g/ml or per portion basis Article (30 (2) allows for mandatory nutrition data to be supplemented with information on mono-unsaturates, polyunsaturates, polyols, starch, fibre and any of the permitted vitamins & minerals *Annex XIII permitted Vitamins & minerals: Vitamins A, D, E, K & C, Thiamin, Riboflavin, Niacin, Vitamin B6, Folic Acid, Vitamin B12, Biotin, Pantothenic Acid, Potassium, Chloride, Calcium, Phosphorus, Magnesium, Iron, Zinc, Copper, Manganese, Flouride, Selenium, Chromium, Molybdenum & Iodine. Must be present in significant amount (15% of RDA (7.5% RDA for beverages)) Article 30(2) to(5) sets out the scenarios on voluntary nutrition e.g. Repeating the mandatory information voluntarily on the package covering energy value or energy and fat, saturates, sugars and salt. If a nutrition or health claim is made on the supplementary nutrition information then the declaration becomes mandatory

Reference Intakes Information on Reference Intakes (RI) and the contribution a nutrient makes towards a RI(expressed as a percentage) can usually be found on the back or side of packaging. The percentage RI is sometimes repeated on the front of the pack. Values Reference Intake Energy (kilojoules) 8400kj Energy (kilocalories) 2000kcal Total Fat 70g Saturates 20g Sugars 90g Salt 6g Reference Intakes are guidelines about the approximate amount of particular nutrients required by an adult for a healthy diet. Reference intakes (RIs) are based on government recommendations to provide the approximate amount of energy, fat, saturated fat, sugars and salt required for a healthy diet for an adult. The slide shows a table explaining RIs . The table is taken directly from EU Regulation 1169/2011 Table on which calculations are based taken from Regulation EU 1169/2011

Front of Pack Nutrition Labelling

Revised New label for FoP To balance what is best for consumers through one, consistent label in UK market Compliance with Regulation No. 1169/2011 (EU FIC) Support and ‘buy-in’ from food and drink businesses across the UK Remains voluntary for businesses, but if FoP is added it must comply with EU FIC by Dec 2014 Priorities for the new label was to achieve the greatest consistency in the content and presentation of fop nutrition labelling, in a form that is clearest and most useful to consumers To maintain and extend the use of fop labelling across the widest range of food and drink products Industry- retailers were very keen to have the consistent scheme finalised as with the mandatory changes needed- want one label change. Also aware that after dec 14 realise have to comply with EUFIC and that commission are going to review the European position in 2017- important to have one agreed UK position.

Front of pack labelling compliant with Reg No.1169/2011 Voluntary FOP information permitted on either: - energy-only, or - energy plus fat, saturates, sugars & salt Information can be provided ‘as sold’ or ‘as consumed’ Information can be provided per portion or per 100g/mls % Reference Intakes (%GDA) information can be given on a per 100g/ml or per portion basis Additional forms of expression and presentation are permitted, subject to certain requirements. Where provided on a per portion basis for energy + 4 nutrients, energy must also be provided on a per 100g/ml. Portion size and number of portions per pack required on pack. Essentially FoP repetition of BoP so if as consumed on front needs to be the same on back. Manufacturers information on cooking required.

To consider Colour coding remains with four nutrients- fat, saturates, sugars and salt. Changes to thresholds for fat, total sugars and salt. Separate thresholds for food and drink Energy- in kilojoules and kilocalories High, medium and low text optional Term ‘Reference Intake’ replaces GDA

Determining red, amber and green colour coding Criteria for 100g of food . Portion criteria apply for servings greater than 100g Text Low Medium High Colour code Green Amber Red Fat < 3.0g/100g >3.0g to <17.5g/100g >17.5g/100g >21g/portion saturates <1.5g/100g >1.5g to <5.0g/100g >5.0g/100g >6.0g/portion Total sugars <5.0g/100g >5.0g and <22.5g/100g >22.5g/100g >27g/portion salt <0.3g/100g >0.3g to <1.5g/100g >1.5g/100g >1.8g/portion The colour coding approach requires criteria that define the green (low), amber (medium), red (high) boundaries for the key nutrients fat, saturated fat, sugars and salt. See criteria in table provided. A red colour on the front of pack means the food is high in something consumers should try to cut down on in their diet. It is fine to have the food occasionally, or as a treat, but consumers should watch how often they choose these foods, or try eating them in smaller amounts. An amber colour, means the food is not high or low in the nutrient, so this is an acceptable choice most of the time. The consumer may want to go for green for that nutrient some of the time. A green colour means the food is low in that nutrient. The more green colours, the healthier the choice. Many of the foods with colour coding that the consumer sees in shops will have a mixture of red, amber and green. So, when choosing between similar products, the consumer should choose foods with more green and ambers, and fewer reds, to ensure healthier choices. (Colour coding in the main is determined on a per 100g/ml basis. However there are also ‘per portion’ criteria for red which are applied to food products sold in portion sizes greater than 100g and drinks served in portion sizes over 150ml)

Criteria for drink (per 100ml) Portion size criteria applies to portions greater than 150ml Text Low Medium High Colour code Green Amber Red Fat <1.5g/100ml >1.5g to <8.75g/ml >8.75g/100ml >10.5g/portion Saturates <0.75g/100ml >0.75g to <2.5g/100ml >2.5g/100ml >3g/portion Total sugars <2.5g/100ml >2.5g to <11.25g/100ml >11.25g/100ml >13.5g/portion Salt <0.3g/100ml >0.3g to <0.75g/100ml >0.75g/100ml >0.9g/portion

Thresholds The green/amber thresholds are aligned to European Health claims legislation and conditions of use for ‘low’ claims. The red/amber thresholds are set at 25% of the RI per 100g/ml for food and 12.5% per 100ml for drink.(drinks are lower relative nutrient density)

Portion Cap A portion cap is applied where a single portion contributes 30% or over of the daily maximum RI for a given nutrient in the case of food, or 15% or over in the case of drink. At this level, the portion of food or drink will code red for the respective nutrient.

A green colour means the food is low in that nutrient A green colour means the food is low in that nutrient. The more green colours, the healthier the choice. Many of the foods with colour coding that you see in shops will have a mixture of red, amber and green. So, when choosing between similar products, you should choose foods with more green and ambers, and fewer reds, to ensure healthier choices. A red colour on the front of pack means the food is high in something you should try to cut down on in your diet. It is fine to have the food occasionally, or as a treat, but you should watch how often you choose these foods, or try eating them in smaller amounts. An amber colour, means the food is not high or low in the nutrient, so this is an acceptable choice most of the time. You may want to go for green for that nutrient some of the time.

Sources of information [ European Commission (FIC Regulation and Commission Q & A) http://ec.europa.eu/food/food/labellingnutrition/foodlabelling/proposed_legislation_en.htm Food Information Regulations (Northern Ireland) 2014 http://www.legislation.gov.uk/nisr/2014/223/made/data.pdf Nutrition Labelling Guidance https://www.gov.uk/government/publications/technical-guidance-on-nutrition-labelling On line training http://www.food.gov.uk/enforcement/enforcetrainfund/onlinetraining/food-labelling-training-online/ Food allergy / intolerance British Retail Consortium (Guidance on food allergens) http://www.brc.org.uk/downloads/Guidance%20on%20Allergen%20Labelling.pdf FSA advice FSA Food Information Regulations 2014: Summary guidance for food business operators and enforcement officers: http://www.food.gov.uk/sites/default/files/fir-guidance2014.pdf FSA allergy pages for tools, advice and guidance: http://food.gov.uk/policy-advice/allergyintol/ Allergy E-learning http://allergytraining.food.gov.uk/ Consumer advice http://food.gov.uk/multimedia/pdfs/publication/allergy-leaflet.pdf EU Food Information for Consumers Regulation http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:304:0018:0063:EN:PDF

What’s on a label resource “What’s on a Label" has been updated to reflect new Food Labelling legislation which came into effect on 13 December 2014. This resource is developed jointly by safefood and the FSA in NI, and is endorsed by the Council for the Curriculum, Examinations and Assessment (CCEA). It is designed to be engaging and provides practical examples to assist students to learn in an interactive way. This resource is designed to assist Home Economics teachers to deliver the food labelling content of the GCSE and GCE Home Economics specifications.

Questions?