BUILDING CAPACITY OF SME’s ON EU FOOD & PACKAGING STANDARDS EU Legislation on Labelling, Presentation & Advertising of foods Food Information to Consumers Reg 1169/2011 & Reg 1924/2006 Thessaloniki

Regulation 1169/2011 Fundamentals of EU Food Law

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

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 The Ordinary Legislative Procedure for the adoption of Regulation 1169/2011

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 Definition of Food Information to Consumers

high level of protection of consumers’ health & interests assist in the free movement of foodstuffs - Internal Market transitional periods be offered to introduce such obligations open dialogue & consultation with stakeholders during law changes 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 obligations placed on food business operators throughout the food chain [like Reg 178/2002] to ensure information is accurate & in line with EU Law Basic Principles

a.name of the food* b.list of ingredients c.“allergens” d.QUID (if necessary) 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 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 m)Lot number * On the same field of label List of mandatory particulars

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

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 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 Additional mandatory information

Most frequent consumer complaint: Labels not easily read minimum font size – 1.2 mm (“x-height”) – 0.9 mm largest surface < 80 cm² Commission shall, by means of delegated acts, establish rules - on other aspects - for legibility Legibility – minimum font size

All mandatory food information, except DMD / UBD, shall: – be available before the purchase is concluded and – appear on the material supporting the distance selling or be provided through other appropriate means clearly identified by the FBO. All mandatory particulars shall be available upon delivery. Distance selling

Nutritional declaration

Today: Nutrition labelling voluntary, except in specific cases: – … where nutrition claims are made (directive 90/496) – … where health claims are made (regulation 1924/2006) – … where vitamins and minerals are added to the food (1925/ December 2016: – Nutrition declaration becomes mandatory Nutrition declaration

(no exemption if nutrition or health claims or fortified food) Packaging or containers the largest surface of which has an area of less than 10 cm² – (must be provided through other means or made available at the request of the consumer) Beverages containing > 1,2 % of alcohol Report from COM before Dec 2014 on whether alcoholic beverages should in the future bear a list of ingredients and a nutrition declaration. Foods listed in Annex V. Excemptions from mandatory nutritional deccarations

Annex V Unprocessed products that comprise a single ingredient Processed products which the only processing they have been subjected to is maturing and that comprise a single ingredient Waters, herbs, spices, salt, sweeteners, coffee, tea, infusions, vinegars, flavourings, additives, processing aids, enzymes, gelatine, yeast, chewing ‑ gums, … Food in packaging or containers the largest surface of which < 25 cm² Food, including handcrafted food, directly supplied by the manufacturer of small quantities of products to the final consumer or to local retail establishments directly supplying the final consumer

The mandatory nutrition declaration shall include the following: – (a) energy value – (b) fat, saturates, carbohydrate, sugars, protein and salt * * ‘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 in close proximity to the nutrition declaration.

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 *. – ** NRV : Nutritional Reference Value * Significant amount of vitamins and minerals: (Annex XIII) 15 % of the NRV**s by 100 g or 100 ml for products other than beverages, 7,5 % of the NRVs by 100 ml for beverages, or, 15 % of the NRVs per portion if the package contains only a single portion.

Claim on nutrients included in the definition of ‘nutrition labelling’  stated within the nutrition table. Claim on nutrient/substance not included in the definition  stated in the same field of vision as the nutrition labelling.

Calculation: guidelines in preparation on tolerances and rounding. In cases of negligible amounts, the information may be replaced by a statement such as ‘Contains negligible amounts of …’ in close proximity to the nutrition declaration when present. Presentation together in a tabular or linear format.

Reference intakes for an average adult The Commission shall adopt implementing acts on reference intakes for specific population groups % Reference intakes

In addition, on a voluntary basis, other forms of expression and/or presented using graphical forms or symbols in addition to words or numbers may be used. Compliance with essential requirements: consumer research, scientifically based, consultation of stakeholders, improve understanding, … No prior endorsement from Member States needed. Monitoring by Member States (notification). Implementing acts by COM. Report from COM by 13/12/2017. Additional forms of nutr decl expression

Nutrition declaration : main changes

Transitional measures Up to From to from

Today up to Health or nutrition claim Fortification Compliance with Dir 90/496 or Reg 1169/2011 Mandatory Rest of foods Compliance with Dir 90/496 Or Reg 1169/2011 Optional 29

From – Health or nutrition claim Fortification Compliance with 1169/2011 (Dir 90/496 not valid) Mandatory For the rest foods Compliance with 1169/2011 (Dir 90/496 not valid) Optional 30

From All foods Reg 1169/2011 Mandatory App V Deviations 31

Voluntary schemes INDUSTRY vs CONSUMER NGOs - Retailers 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. M.S. can also demand food business operators notify them of any new formats they intend to utilise

Origin labelling

‘place of provenance’ means any place where a food is indicated to come from, and that is not the ‘country of origin’ as determined in Regulation 2913/92 – the name, business name or address of the food business operator on the label shall not constitute an indication of the country of origin or place of provenance of food Place of provenance / Country of origin

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. Also mandatory for Virgin olive oils Honey Fish Poultry meat imported from third countries Mandatory origin declaration

Optional declaration of origin Let’s examine two cases 1. Chocolate manufacturing in Greece 2. Cocoa packaging in Greece *ingredients (cocoa, sugar are imported) Does anyone has the right to give a “GREEK PRODUCT” declaration??

Dec 2014 report by Commission for mandatory declaration for place of provenance / country of origin for – Milk – Milk used as ingredient in dairy products – Unprocessed foods – Single- ingredient products – Ingredients representing more than 50% of a product Next steps…

‘primary ingredient’ means an ingredient or ingredients of a food that represent more than 50 % of that food or which are usually associated with the name of the food by the consumer and for which in most cases a quantitative indication is required Sausage “produced in Greece” but meat not of greek origin, then “produced in Greece with German meat” The primary ingredient concept

Quantitative Ingredient Declaration - QUID

When the ingredient – appears in the name of the food or is usually associated with that name by the consumer; – is emphasized 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. QUID mandatory

Nutrition & Health claims

Claim is a statement for specific product or ingredient characteristics – Nutrition claim : concerning nutritional properties – Health claim : concerning with effects to the consumer’s health Definition

Regulation 1924/ Target Ensure the highest level for consumer's protection Enable consumers choices by providing a variety of products Minimise differences within legal requirements fo claims Ensure free movement of foods throughout internal market

Regulation 1924/ Application Labelling Commercial communications Presentation and advertisment Trademarks

Not applicable to Not commercial communications (research not combined with a specific product) Guidance documents or nutrition advice published by competent authorities Scientific reviews, communications in conferences

What claims are not permitted NOT PERMITTED CLAIMS Misleading Source of ω-3 FA when this is not true Raise concerns about safety Drop off saturated FA from your diet and substitute them with olive oil Claims reffering to changes in physiology which can cause a feeling of fear Are there still parents giving foods with saturated FA to their children? Claims supporting the extending consumption of a product Consume as much as you want Those state that a balanced diet cannot give sufficent amounts of nutrients The only way to cover your needs for Ca is to consume product X

General rules for using claims Presence or absense of a nutrient to have a justified effect based on scientific evidence Ingredient existing or not to significant amounts Claim must be understandable by consumers

Nutrition claims Permitted are included to the Appendix of Regulation 1924/2006

Health claims 13.1 Fibres contribute to the normal physiology of intestine 13.5 Water soluble tomatopaste contribute to maintenance of haemoglobin 14.1b Phytosterols lower blood cholesterol levels 14.1b Ca is necessary for the normal growth of bones in kids Claims related to the role of an ingredient to the normal physiology Claims of 13.1 based on new scientific evidence or industry innovation Reduction of risk for a disease Health of kids

Assesment of health claims FBOs provide EFSA data through M-S authorities EFSA assesses the data and provides positive or negative opinion Standing committee – General Food Law approves or not the claim no matter what EFSA opinion is

Transitional period 6 months for changes in labelling Community registrar