REGULATION (EU) No 1169/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004

European Food Information for Consumers Regulation (EU) No 1169/2011 Brings together general food labelling and nutrition labelling into one piece of legislation. Published in November 2011 – transition to the new labelling began. Most of the general labelling requirements apply from 13 December 2014, with mandatory nutrition declarations needed for most prepacked foods from 13 December 2016.

Basic Principles High level of protection for consumers’ health & interests Assist in the free movement of foodstuffs – EU Internal Market Food information should not be misleading and should be provided in a clear, accurate and easy to understand format so the consumer can make ‘informed’ choices

Article 1- Scope Covers business operators at all stages of food chain concerning provision of information to consumers: Food intended for the final consumer Foods delivered by mass caterers Foods intended for supply to mass caterers Also applies to catering services provided by transport leaving from the EU Member States airline catering

Definition of food information 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 a.name of the food* b.list of ingredients c.‘allergens’ as listed in Annex II d.quantity of certain ingredients or category of ingredients e.net quantity of the food* f.date of minimum durability or "use by" date g.any special storage conditions and/or conditions of use h.name or business name and address of the food business operator

List of mandatory particulars i.country of origin or place of provenance (where provided for in Article 26) j.instructions for use where it would be difficult to make appropriate use of the food in the absence of such instructions k.alcoholic strength by volume for beverages containing more than 1.2 % by volume of alcohol* l.nutrition declaration

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

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 must be 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 presence of any allergens must be indicated by use of the word ‘contains’ followed by the name of the substance. The declaration of allergens is not required 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 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 colour. e.g. INGREDIENTS: Wheat flour, water, eggs, vinegar,….

What’s on a label? –prepacked food

EU list of allergens PeanutsNutsMilkSoya MustardLupinEggsFish ShellfishMolluscs Cereals containing gluten Sesame Celery Sulphur dioxide

Requirement2000/13/ECEU 1169/2011 Clear reference to the allergen Name of the allergen next to the ingredient X Highlight allergens in the ingredient list X Omission of ingredients list where the name of food refers to allergen Declare allergen in the absence of an ingredients list Use of allergy boxes X Minimum font size (1.2mm) X Allergen information for foods sold non-prepacked X

Article 44(1) – national measures for non-prepacked foods Where foods are offered to sale to the final consumer or to mass caterers without prepackaging, or where foods are packed on the sales premises at the consumer’s request or prepacked for direct sale, the provision of the information about allergenic ingredients is mandatory

Interpreting the provisions for non-prepacked foods Article 44 – national measures for non-prepacked foods Provision of information on Annex II allergens used in foods Marked in a conspicuous place, easy visible, clear and legible Oral provision also permitted, provided the FBO indicates clearly that such information can be obtained upon request. Any information provided needs to be consistent and verifiable

The allergenic ingredient must be declared. Can use a contains statement e.g. Timpana–Contains: milk, wheat, eggs, celery. 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 on menu board, at till or on the menu card. Non-prepacked food

Food Allergies & Intolerances Before you order please speak to one of our staff if you have a food allergy or intolerance

Communication is key Accuracy is dependent on correct labelling, updating information, staff and consumers. Regularly review the ingredients information. When ingredients or suppliers change, review the accuracy of the information. Do garnishes or dressings change the allergenic profile?

Additional mandatory information Nano – 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 the E number.

Additional mandatory information Beverages with caffeine content > 150 mg/l (other than coffee or tea) must be labelled "High caffeine content. Not recommended for children or pregnant or breast-feeding women" and quote the actual caffeine content in mg per 100ml. Foods other than beverages, where caffeine is added with a physiological purpose "Contains caffeine. Not recommended for children or pregnant women" and quote the actual caffeine content in mg per 100ml.

Nutrition information At the moment, foods and drinks do not have to provide nutrition information on pack (unless they make a nutrition or health claim about the product or vitamins and/or minerals have been added to the food). However, nutrition information will become compulsory in the near future and there will be some small changes to the format required.

Nutritional Declaration The mandatory nutrition declaration shall include the following: (a) energy value (in kJ and kcal) and (b) fat, saturates, carbohydrate, sugars, protein and salt * (expressed in g) * salt = salt equivalent = sodium × 2,5 Where appropriate, a statement indicating that the salt content is exclusively due to the presence of naturally occurring sodium may appear close to the nutrition declaration.

Current back of pack format

New back of pack format

The content of the mandatory nutrition declaration may be supplemented with an indication of the amounts of one or more of the following: –(a) mono-unsaturates; –(b) polyunsaturates; –(c) polyols; –(d) starch; –(e) fibre; –(f) vitamins or minerals present in significant amounts.

Exemptions from mandatory nutritional declarations Foods listed in Annex V Packaging or containers the largest surface of which has an area of less than 25 cm² Beverages containing > 1.2 % of alcohol Commission will report by Dec 2014 on whether alcoholic beverages should in the future bear a list of ingredients and a nutrition declaration.

Front Of Pack nutrition labelling Designed to combine ‘Traffic Light’ and Reference Intake information

Mandatory origin declaration where failure to indicate this might mislead the consumer as to the true country of origin or place of provenance of the food. for meat falling within the Combined Nomenclature (‘CN’) codes (Annex IV) – this means fresh or frozen pork, lamb, goat meat and poultry are now the subject of Commission Implementing Rules. Also mandatory for Virgin olive oils Honey Fish Poultry meat imported from third countries

December 2013 – New implementing rules on the mandatory origin labelling of unprocessed meat from sheep, goats, pigs and poultry. December 2013 – Commission reported on the economic impacts of extending mandatory origin labelling of all types of meat used as an ingredient in foods.

By December 2014 the Commission must provide reports, based on FIC, on possible extension of mandatory origin labelling to: - other unprocessed meats not already covered by mandatory origin labelling rules such as horse, rabbit, game meat; - milk; - milk as an ingredient in dairy products; - single ingredient foods; - unprocessed foods; - ingredients representing > 50% of a food.

Quantitative Indications When the ingredient –appears in the name of the food or is usually associated with that name by the consumer; –is emphasised on the labelling in words, pictures or graphics; or –is essential to characterise a food and to distinguish it from products with which it might be confused because of its name or appearance.

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

Food Information (Scotland) Regulations 2014 Regulations needed to: Enforce the EU rules in Scotland Take up derogations and flexibilities available in the EU rules Revoke the current food labelling legislation a)impact on nutrition declarations b)impact on existing national measures Supported by a) Guidance b) Business and Regulatory Impact Assessment c) On line training resource for enforcement officers

Food Information (Scotland) Regulations 2014 Derogations National measure for milk or milk products presented in glass bottles intended for reuse – otherwise nutrition information needed. Doorstep delivery of milk makes up a small share of the market Majority still use returnable glass bottles

Food Information (Scotland) Regulations 2014 Derogations National measure to introduce a national mark to allow minced meat with a higher proportion of fat and collagen than the compositional requirements in the EU Regulation.  For UK Market  SPECIFIC REQUIREMENTS CONCERNING THE DESIGNATION OF ‘MINCED MEAT’ 1. Composition criteria checked on the basis of a daily average: Fat content Collagen/meat protein ratio ( 1 ) Lean minced meat ≤ 7 % ≤ 12 % Minced pure beef ≤ 20 % ≤ 15 % Minced meat containing pigmeat ≤ 30 % ≤ 18 % Minced meat of other species ≤ 25 % ≤ 15 % Labelling statements: ‘percentage of fat content under …’, ‘collagen/meat protein ratio under …’

Food Information (Scotland) Regulations 2014 National Measures Introduce a national measure to retain the requirement to provide Quantitative Indication on the meat content of meat products sold non-prepacked. 

Food Information (Scotland) Regulations 2014 National Measures Introduce a national measure to require additional mandatory particulars in relation to the name of the food for non-prepacked food. This may include any or all of the mandatory particulars accompanying the name of the food in the EU Regulation. 

Food Information (Scotland) Regulations 2014 Other National Measures in the Food Labelling Regulations 1996 Compositional requirements for traditional cheeses & cream Definitions for ‘ice cream’ and ‘dairy ice cream’ Definitions and terms of use for ‘low alcohol’, ‘alcohol free’, ‘dealcoholised’ and ‘non-alcoholic Exemption from ingredients listing for flour ending. 

European Food Information for Consumers Regulation EU Regulation published in OJDate 22 November 2011 FIC came into force13 December 2011 Foods voluntarily using new nutrition declaration can be sold (Food Labelling Regs 1996 require amendment) 13 December 2011 General labelling rules apply13 December 2014 Current legislation (including 2000/13 and 90/496) repealed:13 December 2014 Foods on the market or labelled prior to 13 December 2014 can be sold untilFood stocks are exhausted Foods bearing a nutrition declaration on a voluntary basis must comply with the requirements of the FIC from: 13 December 2014 Nutrition labelling required for most prepacked foods13 December 2016 Foods on the market or labelled prior to 13 December 2016, without a nutrition declaration can be sold until Food stocks are exhausted

Sources of information [ European Commission (FIC Regulation and Commission Q & A) Nutrition Labelling Guidance On line training Food allergy / intolerance British Retail Consortium (Guidance on food allergens) FSA advice FSA allergy pages for tools, advice and guidance: Allergy E-learning Consumer advice EU Food Information for Consumers Regulation lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:304:0018:0063:EN:PDFhttp://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:304:0018:0063:EN:PDF

Russell Napier Standards and Labelling Team Regulatory Policy Branch Food Standards Agency in Scotland