Proposal for a Regulation of the European Parliament and of the Council on the provision of food information to consumers - Hoofdinhoud
COUNCIL OFBrussels, 18 February 2009
THE EUROPEAN UNIONPUBLIC
6658/09
LIMITE
Interinstitutional File:
2008/0028 (COD)
DENLEG 15 CODEC 207
DOCUMENT PARTIALLY ACCESSIBLE TO THE PUBLIC
NOTE from :
General Secretariat of the Council
to : Delegations
No. Cion prop. :
No. prev. doc. : 6172/08 DENLEG 10 SAN 25 CONSOM 18 CODEC 162 5811/09 DENLEG 7 CODEC 88
Subject : Proposal for a Regulation of the European Parliament and of the Council on the provision of food information to consumers
The Working Party on Foodstuffs examined the above proposal at several meetings. The present
note and its Annex intend to reflect the outcome of the debates.
ANNEX
Proposal for a Regulation of the European Parliament and of the Council
on the provision of food information to consumers
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95
thereof,
Having regard to the proposal from the Commission1;
Having regard to the opinion of the European Economic and Social Committee2,
Acting in accordance with the procedure laid down in Article 251 of the Treaty3,
Whereas:
(1) Article 153 of the Treaty provides that the Community is to contribute to the attainment of a
(3) In order to achieve a high level of health protection for consumers and to guarantee their right
to information, it should be ensured that consumers are appropriately informed as regards
food they consume. Consumers choices can be influenced by, inter alia, health, economic,
environmental, social and ethical considerations.
(4) Regulation (EC) No 178/2002 of the European Parliament and of the Council of
28 January 2002 laying down the general principles and requirements of food law,
establishing the European Food Safety Authority and laying down procedures in matters of
food safety4 provides that it is a general principle of food law to provide a basis for consumers
to make informed choices in relation to food they consume and to prevent any practices that
may mislead the consumer.
(5) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005
concerning unfair business-to-consumer commercial practices in the internal market5 covers
certain aspects of the provision of information to consumers specifically to prevent
misleading actions and omissions of information. The general principles on unfair commercial
practices should be complemented by specific rules concerning the provision of food
information to consumers.
(6) Community rules on food labelling applicable to all foods are laid down in
Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on
(7) Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs7
lays down rules on the content and presentation of nutrition information on prepacked foods.
The inclusion of nutrition information is voluntary unless a nutrition related claim is made
concerning the food. The majority of the provisions laid down in that Directive date back to
1990 and should therefore be updated.
(8) The general labelling requirements are complemented by a number of provisions applicable to
all foods in particular circumstances or to certain categories of foods. In addition, there are a
number of specific rules which are applicable to specific foods.
(9) While the original objectives and the core components of the current labelling legislation are
still valid, it is necessary to streamline it in order to ensure easier compliance and greater
clarity for stakeholders and to modernise it in order to take account of new developments in
the field of food information.
(10) There is public interest in the relationship between diet and health and in the choice of an
appropriate diet to suit individual needs. The Commission White Paper on a Strategy for
Europe on Nutrition, Overweight and Obesity related health issues8 noted that nutrition
labelling is an important tool to inform consumers about the composition of the foods and
help them make an informed choice. The EU consumer policy strategy 2007-2013 underlined
that allowing consumers to make informed choice is essential both to effective competition
(11) In order to enhance legal certainty and ensure rationality and consistency of enforcement, it is
appropriate to repeal Directives 90/496/EEC and 2000/13/EC and to replace them by a single
Regulation which ensures certainty for both consumers and the industry and reduces the
administrative burden.
(12) For the sake of clarity, it is appropriate to repeal and include in this Regulation other
horizontal acts, namely Commission Directive 87/250/EEC of 15 April 1987 on the indication
of alcoholic strength by volume in the labelling of alcoholic beverages for sale to the ultimate
consumer9, Commission Directive 94/54/EC of 18 November 1994 concerning the
compulsory indication on the labelling of certain foodstuffs of particulars other than those
provided for in Council Directive 79/112/EEC10, Commission Directive 1999/10/EC of
8 March 1999 providing for derogations from the provisions of Article 7 of Council Directive
79/112/EEC as regards the labelling of foodstuffs11, Commission Directive 2002/67/EC of
18 July 2002 on the labelling of foodstuffs containing quinine, and of foodstuffs containing
caffeine12, Commission Regulation (EC) No 608/2004 of 31 March 2004 concerning the
labelling of foods and food ingredients with added phytosterols, phytosterol esters13,
phytostanols and/or phytostanol esters and Commission Directive 2004/77/EC of 29 April
2004 amending Directive 94/54/EC as regards the labelling of certain foods containing
glycyrrhizinic acid and its ammonium salt14.
(13) It is necessary to set common definitions, principles, requirements and procedures so as to
form a clear framework and a common basis for Community and national measures governing
(14) In order to follow a comprehensive and evolutionary approach to the information provided to
consumers relating to food they consume, there should be a broad definition of food
information law covering rules of a general and specific nature as well as a broad definition of
food information covering information provided also by other means than the label.
(15) Community rules should apply only to undertakings, the concept of which implies a certain
continuity of activities and a certain degree of organisation. Operations such as the occasional
handling, serving and selling of food by private persons at events such as charities, or local
community fairs and meetings are not covered by the scope of this regulation.
(16) Food information law should provide sufficient flexibility to be able to keep up to date with
new information requirements from consumers and ensure a balance between the protection
of the internal market and the differences in the perception of consumers in the Member
States.
(17) The prime consideration for requiring mandatory food information should be to enable
consumers to identify and make appropriate use of a food and to make choices that suit their
individual dietary needs.15
(18) In order to enable food information law to adapt to changing consumers' needs for
information, any considerations about the need for mandatory food information should also
(20) The rules on food information should prohibit the use of information that would mislead the
consumer or attribute medicinal properties to foods. To be effective, this prohibition should
also apply to the advertising and presentation of foods.
(21) In order to prevent a fragmentation of the rules concerning the responsibility of food business
operators with respect to food information it is appropriate to clarify the responsibilities of
food business operators in this area.
(22) A list should be drawn up of all mandatory information which should in principle be provided
for all foods intended for the final consumer and the mass caterers. That list should maintain
the information that is already required under existing legislation given that it is generally
considered as a valuable acquis for consumer information.
(23) In order to take account of changes and developments in the field of food information,
provisions should be made to empower the Commission to amend the list of mandatory
information by adding or removing particulars and for enabling the availability of certain
particulars through alternative means. Consultation with stakeholders should facilitate timely
and well targeted changes of food information requirements.
(24) When used in the production of foods and still present, certain ingredients or other substances
are the cause of allergies or intolerances in consumers, and some of those allergies or
(26) In order to ensure the provision of food information, it is necessary to consider all ways of
supplying food to consumers, including selling food by means of distance communication.
Although it is clear that any food supplied through distant selling should meet the same
information requirements as food sold in shops, it is necessary to clarify that in such cases the
relevant mandatory food information should also be available before the purchase is
concluded.
(27) With a view to provide consumers with food information that is necessary to make an
informed choice, alcoholic mixed beverages16 should also provide information on their
(28) It is also important to provide consumers with information on the other alcoholic beverages.
Specific Community rules already exist on the labelling of wine. Council Regulation (EC) No
1493/1999 479/2008 of 29 April 2008 of 17 May 1999 on the common organisation of the
market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC)
No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC)
No 1493/199917 provides an exhaustive set of technical standards which fully cover all
oenological practices, manufacturing methods and means of presentation and labelling of
wines, thus ensuring that all stages in the chain are covered and that consumers are protected
and properly informed. In particular, this legislation describes in a precise and exhaustive
manner the substances likely to be used in the production process, together with the
conditions for their use via a positive list of oenological practices and treatments; any practice
not included in this list is prohibited. Therefore, it is appropriate to exempt wine at this stage
from the obligation to list the ingredients and to provide for a nutrition declaration. As regards
the alcoholic drinks covered by Council Regulation (EEC) No 1601/91 of 10 June 1991
laying down general rules on the definition, description and presentation of aromatized
wines, aromatized wine-based drinks and aromatized wine-product cocktails18, liqueur
wines, sparkling wines, aromatised wines and similar products obtained from fruits other
than grapes, aromatized beer, beer and spirit drinks as defined in Article 2(1) of Regulation
(EC) No. 110/2008[...] of 15 January 2008 [...] of the European Parliament and of the
Council on the definition, description, presentation, labelling and the protection of
geographical indications of spirit drinks and repealing Council Regulation (EEC) No
(29) The indication of the country of origin or of the place of provenance of a food should be
provided whenever its absence is likely to mislead consumers as to the true country of origin
or place of provenance of that product. In other cases, the provision of the indication of
country of origin or place of provenance is left to the appreciation of food business operators.
In all cases, the indication of country of origin or place of provenance should be provided in a
manner which does not deceive the consumer and on the basis of clearly defined criteria
which ensure a level playing field for the industry and improve consumers' understanding of
the information related to the country of origin or place of provenance of a food. Such criteria
should not apply to indications related to the name or address of the food business operator.
(30) In some cases, food business operators may want to indicate that the origin of a food is the
European Community to draw the consumers' attention to the qualities of their product and to
the European Union's production standards. Such indications should also comply with
harmonised criteria.
(31) The European Community's non-preferential rules of origin are laid down in Council
Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs
Code20 and its implementing provisions in Commission Regulation (EEC) No 2454/93 of 2
July 1993 laying down provisions for the implementation of Council Regulation (EEC) No
2913/92 establishing the Community Customs Code21. Determination of the country of origin
of foods will be based on these rules, which are well known to trade operators and
administrations and should ease its implementation.
(33) The Commission White Paper on a Strategy for Europe on Nutrition, Overweight and Obesity
related health issues highlighted certain nutritional elements of importance to public health.
Therefore, it is appropriate that the requirements on the mandatory provision of nutrition
information should take into account such elements.
(34) In general, consumers are not aware of the potential contribution of alcoholic beverages to
their overall diet. Therefore, it is appropriate to ensure that information on the nutrient content
of in particular mixed alcoholic beverages is provided.
(35) In the interest of consistency and coherence of Community legislation the voluntary inclusion
of nutrition or health claims on food labels should be in accordance with the Regulation
(EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on
nutrition and health claims made on foods22.
(36) To avoid unnecessary burdens on the industry, it is appropriate to exempt certain categories of
foods that are unprocessed or for which nutrition information is not a determining factor for
consumer choice from the mandatory inclusion of nutrition declaration, unless the obligation
to provide such information is provided under other Community legislation.
(37) To appeal to the average consumer and to serve the informative purpose for which it is
introduced, and given the current level of knowledge on the subject of nutrition, the
information provided should be simple and easily understood. Research has indicated that
(38) Recent developments in the expression of the nutrition declaration, other than per
100g/100ml/portion, by some Member States and organisations in the food sector suggest that
consumers like such schemes as they can help them make informed choices quickly.
However, there is not evidence across all the Community on how the average consumer
understands and uses the alternative expression of the information. Therefore, it is appropriate
to allow for different schemes to be developed and to allow research on consumer
understanding in different Member States to continue so that, if appropriate, harmonised
schemes may be introduced.
(39) The declaration in the principal field of view of the amounts of nutritional elements and
comparative indicators in an easily recognisable form to enable an assessment of the
nutritional properties of a food should be considered in its entirety as part of the nutrition
declaration and not be treated as a group of individual claims23.
(40) Experience shows that in many cases voluntary food information is provided to the detriment
of the clarity of the mandatory food information. Therefore, criteria should be provided to
help food business operators and enforcement authorities to strike a balance between the
provision of mandatory and voluntary food information.
(41) Member States should retain the right, depending on local practical conditions and
circumstances, to lay down rules in respect of the provision of information concerning non-
(43) Food information rules should be able to adapt to a rapidly changing social, economic and
technological environment.
(44) In respect of certain aspects of food information that give rise to the development of
innovative and modern commercial practices, it is necessary to allow sufficient experiments
and consumer research and to provide solid evidence about the best systems. Therefore, in
such cases Community food information law should restrict itself to setting out the mandatory
essential requirements determining the level of consumer protection and information and
leave flexibility for the fulfilment of such requirements, in a manner that is compatible with
the internal market provisions.
(45) In order to ensure that more detailed food information requirements are designed and
established in a dialectic manner and emerge from best practices, there should be flexible
mechanisms at Community and national level based on open and transparent public
consultation and sustained interaction between a wide range of representative stakeholders.
Such mechanism may result in the development of national non-binding schemes on the basis
of solid consumer research and wide stakeholder consultation. There should be mechanisms
for consumers to be able to identify foods labelled in compliance with the national scheme
such as through an identification number or symbol.
(46) In order to ensure a level of consistency in the results achieved in the different Member
(48) References to Directive 90/496/EEC in Regulation (EC) No 1924/2006 and in Regulation
(EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on
the addition of vitamins and minerals and of certain other substances to foods24 should be
updated to take this Regulation into account. Regulations (EC) No 1924/2006 and (EC) No
1925/2006 should therefore be amended accordingly.
(49) In order to enable interested parties, especially small and medium-sized enterprises, to
provide nutrition information on their products, the application of the measures to make
nutrition information mandatory should be introduced gradually through extended transition
periods with an additional transition period provided for micro-businesses.
(50) Since the objectives of the actions to be taken cannot be sufficiently achieved by the Member
States and can therefore be better achieved at Community level, the Community may adopt
measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty.
In accordance with the principle of proportionality, as set out in that Article, this Regulation
does not go beyond what is necessary in order to achieve those objectives.
(51) With the aim of simplifying and accelerating the procedure, the Commission should be
entrusted with the task of adopting implementing measures of a technical nature.
(52) The measures necessary for the implementing of this Regulation should be adopted in
(53) Power should be conferred on the Commission in particular to amend and update the Annexes
to this Regulation. Since those measures are of general scope and are designed to amend non-
essential elements of this Regulation, and to supplement this Regulation by the addition of
new non-essential elements, they should be adopted in accordance with the regulatory
procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
(54) On grounds of urgency it is necessary to apply the urgency procedure provided for in
Article 5a(6) of Decision 1999/468/EC for the adoption of amendments to Annexes II and III
of this Regulation,
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter and scope
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1.This Regulation provides the basis for the assurance of a high level of consumer protection in
relation to food information, taking into account the differences in the perception of
consumers and their information needs whilst ensuring the smooth functioning of the internal
market.
-
2.This Regulation establishes the general principles, requirements and responsibilities
governing food information, and in particular food labelling. It lays down the means to
guarantee the right of consumers to information and procedures for the provision of food
information, taking into account the need to provide sufficient flexibility to respond to future
developments and new information requirements.
-
3.This Regulation applies to all stages of the food chain, where the activities of food businesses
concern the provision of food information to consumers.
It shall apply to all foods intended for the final consumer, including foods delivered by mass
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4.This Regulation shall apply without prejudice to labelling requirements provided in specific
Community legislation applicable to particular foods.
Article 2
Definitions
-
1.For the purposes of this Regulation the following definitions shall apply:
(a) the definitions of `food', `food law', `food business', `food business operator', `retail',
`placing on the market' and `final consumer' in Article 2 and in Article 3(1), (2), (3),
(7), (8) and (18) of Regulation (EC) No 178/2002;
(b) the definition of `processing', `unprocessed products' and `processed products' in
Article 2(1) (m), (n) and (o) of Regulation (EC) No 852/2004 of the European
Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs28;
(c) the definitions of `food additives' and `processing aids' in Article 1(2) and in footnote 1
of Council Directive 89/107/EEC of 21 December 1988 on the approximation of the
laws of the Member States concerning food additives authorised for use in foods
intended for human consumption29;
(e) the definitions of `meat' and `mechanically separated meat' in points 1.1 and 1.14 of
Annex I to Regulation (EC) No 853/200431;
(f) the definitions of `claim', `nutrient', `other substance', `nutrition claim' and `health
claim' in Article 2(2) (1) to (5) of Regulation (EC) No 1924/2006.
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2.The following definitions shall also apply:
(a) `food information' means 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. It does not cover
commercial communications as defined by Directive 2000/31/EC of the European
Parliament and of the Council of 8 June 2000 on certain legal aspects of information
society services, in particular electronic commerce, in the Internal Market32;
(b) `food information law' means the Community provisions governing the food
information, and in particular labelling, including rules of a general nature applicable to
all foods or to specified foods and rules which apply only to specific foods;
(c) `mandatory food information' means the particulars that are required to be provided to
the final consumer by Community legislation;
(e) `pre-packed food' means any single item for presentation as such to the final consumer
and to mass caterers, consisting of a food and the packaging into which it was put
before being offered for sale, whether such packaging encloses the food completely or
only partially, but in any case in such a way that the contents cannot be altered without
opening or changing the packaging;
(f) `ingredient' means any substance, including33 food additives and food enzymes, and any
constituent of a compound ingredient, used in the manufacture or preparation of a food
and still present in the finished product, even if in an altered form; residues shall not be
considered as ingredients;34
(g) '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 accordance with Articles 23 to 26 of
Council Regulation (EEC) No 2913/92;
(h) `compound ingredient' is an ingredient that is itself the product of more than one
ingredient;
(i) `label' means any tag, brand, mark, pictorial or other descriptive matter written, printed,
stencilled, marked, embossed or impressed on, or attached to, a container of food;35
(k) `field of vision' means all the surfaces of a package that can be read36 from a single
viewing point, permitting rapid and easy access to labelling information by allowing
consumers to read this information without needing to turn the package back and
forth;37
38
(l) `legal name' means the name of a food prescribed in the Community provisions
applicable to it or, in the absence of such Community provisions, the name provided for
in the laws, regulations and administrative provisions applicable in the Member State in
which the food is sold to the final consumer or to mass caterers;
(m) `customary name' means a name which is accepted as the name of the food without it
needing further explanation by consumers in the Member State in which it is sold;
(n) `descriptive name' means a name providing a description of the food, and if necessary
of its use, which is sufficiently clear to enable the consumers to know its true nature and
distinguish it from other products with which it might be confused39;
(o) `primary ingredient(s)' means the significant and/or characterising ingredients of a food;
(p) `significant ingredient(s)' means the ingredient of a food that represents more than 50%
of this food;40
(q) `characterising ingredient(s)' means any ingredient of a food which is usually associated
with the name of the food by the consumer and for which in most cases a quantitative
indication is required;41
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r)`essential requirements' means the requirements whereby the level of consumer
protection and food information is determined with respect to a given issue and which
are laid down in a Community act which allows for the development of national
schemes referred to in Article 4442;
(s) `date of minimum durability of a food' means the date until which the food retains its
specific properties when properly stored;43
(t) `best practices' means standards, schemes, initiatives, or any other activities endorsed
by competent authorities that have been shown through experience and research to be
the most effective for the majority of consumers and are considered as models for others
to follow.
44
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3.For the purposes of this Regulation the country of origin of a food shall refer to the origin of a
food as determined in accordance with Articles 23 to 26 of Council Regulation (EEC)
No 2913/92.45
CHAPTER II
GENERAL PRINCIPLES ON FOOD INFORMATION
Article 3
General objectives
-
1.The provision of food information shall pursue a high level of protection of consumers' health
and interests by providing a basis for final consumers to make informed choices and to make
safe use of food, 46 with particular regard to health, economic, environmental, social and
ethical considerations.
-
2.Food information law shall aim to achieve in the Community the free movement of food
legally produced and marketed, taking into account, where appropriate, the need to protect the
legitimate interests of producers and to promote the production of quality products.
-
3.When food information law establishes new requirements, consideration shall be given to the
need for a transitory period after the entry into force of the new requirements, during which
foods bearing labels not complying with the new requirements can be placed on the market
and for stocks of such foods that have been placed on the market before the end of the
transitory period to continue to be sold until exhausted47.
Article 4
Principles governing mandatory food information
-
1.Where mandatory food information is required by food information law, it shall concern
information that falls, in particular, into one of the following categories:
(a) information on the identity and composition, properties or other characteristics of the
food;
(b) information on the protection of consumers' health and the safe use of a food. In
particular, it shall concern information on:
(i) compositional attributes that may be harmful to the health of certain groups of
consumers;
(ii) durability, storage and safe use;
(iii) the health impact, including the risks and consequences related to harmful and
hazardous consumption of a food;
(c) information on nutritional characteristics so as to enable consumers, including those
with special dietary requirements, to make informed choices.
CHAPTER III
GENERAL FOOD INFORMATION REQUIREMENTS AND RESPONSIBILITIES OF
FOOD BUSINESS OPERATORS
Article 6
Basic requirement
Any food intended for supply to the final consumer or to mass caterers shall be accompanied by
food information in accordance with this Regulation.
Article 7
Fair information practices
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1.Food information shall not be misleading to a material degree48, particularly:
(a) as to the characteristics of the food and, in particular, as to its nature, identity,
properties, composition, quantity, durability, country of origin or place of provenance,
method of manufacture or production;
(b) by attributing to the food effects or properties which it does not possess;
(c) by suggesting that the food possesses special characteristics when in fact all similar
-
3.Subject to derogations provided for by Community legislation applicable to natural mineral
waters and foods for particular nutritional uses, food information shall not attribute to any
food the property of preventing, treating or curing a human disease, nor refer to such
properties.
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4.The prohibition referred to in Paragraphs 1, 2 and49 3 shall also apply to:
(a) advertising;
(b) the presentation of foods in particular their shape, appearance or packaging, the
packaging materials used, the way in which they are arranged and the setting in which
Article 850 51
Responsibilities
50 DELETED: considers that there is a need to clarify who is responsible.
51 DELETED: submitted the following proposal (see DS 45/09):
"1. Without prejudice to paragraphs 3 and 4, food business operators, within the businesses under their control, shall ensure compliance with the requirements of food information law which are relevant to their activities and shall verify that such requirements are met.
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2.Food business operators, within the business under their control, shall not modify the information accompanying a food if such modification would mislead the final consumer or otherwise reduce the level of consumer protection, particularly with regard to health.
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3.Food business operators placing on the market for the first time responsible for production, processing, manufacturing or packaging of a food intended for supply to the final consumer or mass caterer, shall ensure the presence and accuracy of the food information in accordance with the applicable food information law.
otwithstanding subparagraph 1, where a food is produced, processed, manufactured or packaged
outside the Community, the importer established within the Community shall ensure the presence and accuracy of the food information in accordance with the applicable food information law.
3bis. Food business operators delivering food to the operators referred to in paragraph 3 shall ensure,
within the business under their control, that these operators are provided with information that enables them to meet their obligations under paragraph 3.
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4.Food business operators responsible for retail or distribution activities which do not affect food information shall act with due care to ensure, within the limits of their respective activities, the presence of the applicable food information requirements, in particular by not supplying foods which they know or presume to be non compliant, on the basis of the information in their possession as professionals.
Food business operators responsible for retail or distribution activities which do not affect food information shall ensure that requirements of Article 16 are met and shall not supply foods which they know to be non compliant with the applicable food information law.
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5.Food business operators within the business under their control shall ensure that information relating to non-prepacked food shall be transmitted to the operator receiving the food in order to enable, where appropriate, the provision of the mandatory food information specified in Article 9(1) points (a)
to (c) and (f) and (g) to the final consumer.
-
1.Without prejudice to paragraphs 3 and 4, food business operators, within the businesses under
their control, shall ensure compliance with the requirements of food information law which
are relevant to their activities and shall verify that such requirements are met52.
-
2.Food business operators, within the businesses under their control, shall not modify the
information accompanying a food if such modification would mislead the final consumer or
otherwise reduce the level of consumer protection, particularly with regard to health.
-
3.Food business operators placing on the market [for the first time]53 a food intended for supply
to the final consumer or mass caterer shall ensure the presence and accuracy of the food
information in accordance with the applicable food information law.
-
4.Food business operators responsible for retail or distribution activities which do not affect
food information shall act with due care to ensure, within the limits of their respective
activities, the presence of the applicable food information requirements, in particular by not
supplying foods which they know or presume to be non compliant, on the basis of the
information in their possession as professionals.54
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5.Food business operators within the business under their control shall ensure that information
relating to non-prepacked55 food shall be transmitted to the operator receiving the food in
order to enable, where appropriate, the provision of the mandatory food information specified
in Article 9(1) (a) to (c), (f) (g) and (i)56 to the final consumer.57
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6.In the following cases, food business operators, within the businesses under their control shall
ensure that the mandatory particulars required under Article 9 shall appear on the external
packaging in which the food is presented for marketing, or on the commercial documents
referring to the foods where it can be guaranteed that such documents either accompany the
food to which they refer or were sent before or at the same time as delivery:
(a) where prepacked food is intended for the final consumer but marketed at a stage prior to
sale to the final consumer and where sale to a mass caterer is not involved at that
stage;58
(b) where prepacked food is intended for supply to mass caterers for preparation,
processing, splitting or cutting up.
Notwithstanding subparagraph 1, food business operators shall ensure that the particulars
referred to in Article 9(1)(a), (f), (g) and (h) also appear on the external packaging in which
the food is presented for marketing.
CHAPTER IV
MANDATORY FOOD INFORMATION
SECTION 1
CONTENT AND PRESENTATION
Article 9
List of mandatory particulars
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1.In accordance with Articles 10 to 34 and subject to the exceptions contained in this Chapter,
indication of the following particulars shall be mandatory.
(a) the name of the food;
(b) the list of ingredients;
(c) any ingredient listed in Annex II causing allergies or intolerances, and any substance
derived therefrom;
(d) the quantity of certain ingredients or categories of ingredients;
(e) the net quantity of the food;
(h) the name or business name and address of the manufacturer or packager, or of a seller
established within the Community59;
(i) the country of origin or place of provenance60 where failure to indicate this might
mislead the consumer to a material degree as to the true country of origin or place of
provenance of the food, in particular if the information accompanying the food or the
label as a whole would otherwise imply that the food has a different country of origin or
place of provenance; in such cases the indication shall be in accordance with the rules
laid down in Article 35(3) and (4) and those established in accordance with
Article 35(5);61
(j) instructions for use when it would be impossible difficult to make appropriate use of
the food in the absence of such instructions;
(k) with respect to beverages containing more than 1,2 % by volume of alcohol, the actual
(l) a nutrition declaration62.
(m) the batch number63
64
-
2.The particulars referred to in paragraph 1 shall be indicated with words and numbers unless
the consumers are informed, as regards one or more particulars, by other forms of expression
established by implementing measures adopted by the Commission. Those measures designed
to amend non-essential elements of this Regulation by supplementing it, shall be adopted, in
accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
-
3.The Commission may amend the list of mandatory particulars laid down in paragraph 1.
Those measures designed to amend non-essential elements of this Regulation by
supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny
referred to in Article 49(3)65.
Article 10
Additional mandatory particulars for specific types or categories of food
-
1.In addition to the particulars listed in Article 9(1) additional mandatory particulars for specific
types or categories of food are laid down in Annex III.
-
2.The Commission may amend Annex III. Those measures designed to amend non-essential
elements of this Regulation by supplementing it shall be adopted, in accordance with the
regulatory procedure with scrutiny referred to in Article 49(4).
Article 11
Derogations from the requirement for mandatory particulars
For specific types or categories of foods, the Commission may provide for derogations, in
exceptional cases, from the requirements laid down in Article 9(1) (b) and (f), provided that such
derogations do not result in the final consumer and mass caterers being inadequately informed.
Those measures designed to amend the non-essential elements of this Regulation by supplementing
it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in
Article 13
Availability and placement of mandatory food information
-
1.Mandatory food information shall be available and shall be easily accessible, in accordance
with this Regulation for all foods.
-
2.In the case of prepacked food, mandatory food information shall appear directly on the
package or on67 a label attached thereto.
-
3.The availability of certain mandatory particulars by means other than on the package or on the
label may be established by the Commission provided the general principles and requirements
laid down in Chapter II of this Regulation are met. Those measures designed to amend non-
essential elements of this Regulation by supplementing it shall be adopted, in accordance with
the regulatory procedure with scrutiny referred to in Article 49(3).
Article 1469
Presentation of mandatory particulars
[1. Without prejudice to specific Community legislation applicable to particular foods as regards
to the requirements referred to in Article 9(1)(a) to (k), when appearing on the package or on
the label attached thereto, the mandatory particulars listed in Article 9(1) shall be printed on
the package or on the label in characters of using a font size of at least 3 mm70 where the x-
height, as defined in Annex IIIa, is equal to or greater than [1.2 mm]. and It shall be
presented in a way so as to ensure a significant contrast71 between the print and background
as specified in Annex IIIa be easily visible and clearly legible.
The factors criteria given in Annex IIIb shall be considered in the design of the label.]
-
2.The particulars listed in Article 9(1) (a), (e), (f), according to Annex IX (1)(b),72 and (k)
shall appear in the same field of vision.
-
3.Detailed rules concerning the presentation of mandatory particulars and the extension of the
requirements referred to in paragraph 2 to the additional mandatory particulars for specific
categories or types of food referred to in Articles 10 and 38 may be adopted by the
Commission. Those measures designed to amend non-essential elements of this Regulation by
-
4.[The minimum font size referred to in paragraph 1 shall not apply in case of packaging or
containers the largest surface of which has an area of less than 10 cm².]73
-
5.Paragraph 2 shall not apply in the case of foods specified in Article 17(1) and (2).
-
6.Mandatory food information shall be marked in a conspicuous place in such a way as to be
easily visible, clearly legible and74[, where appropriate,]75 indelible. It shall not in any way be
hidden, obscured, detracted from or interrupted by any other written or pictorial matter or any
Article 1577
Distance selling
Without prejudice to the information requirements laid down in Article 9, in the case of foods
offered for sale by means of distance communication as defined in Article 2 of Directive 97/7/EC
of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in
respect of distance contracts78]79:
77 DELETED: scrutiny reservation.
78 OJ L 144, 4.6.1997, p. 19.
79 DELETED: argued that instead of a reference to the general directive on distance contracts,
the following definition proposed by DELETED in DS 1071/08 should be inserted in Article
2(2):
"Distance selling" means any sale system without the simultaneous physical presence of the supplier and the consumer, using one or more means of distance communication up to and including the moment at which the sale is concluded and the food is delivery to the consumer, guaranteeing the conditions of packing, transport, storage conditions and hygiene.
Pres: Directive 97/7/EC includes indicative list of means of distance communication (internet might be added):
80(a) mandatory food information shall be available before the purchase is concluded and shall
appear on the material supporting the distance selling or be provided through other
appropriate means81;
(b) the particulars provided in Article 9(1) points (d), (f), (g), (h) and (k) shall be mandatory only
at the moment of delivery.82
Article 16
Language requirements
-
1.Without prejudice to Article 9(2), mandatory food information shall appear in a language
easily understood by the consumers of the Member States where a food is marketed.
-
2.Within their own territory, the Member States in which a food is marketed may stipulate that
the particulars shall be given in one or more languages from among the official languages of
the Community.
-
3.Paragraphs 1 and 2 shall not preclude the particulars from being indicated in several
Article 17
Omission of certain mandatory particulars
-
1.In the case of glass bottles intended for reuse which are indelibly marked and which therefore
bear no label, ring or collar only the particulars listed in Article 9(1) (a), (c), (e), (f) and (l)
shall be mandatory.
-
2.In the case of packaging or containers the largest surface of which has an area of less than
10 cm2 only the particulars listed in Article 9(1) (a), (c), (e) and (f) shall be mandatory on the
package or on the label. The particulars referred to in Article 9(1)(b) shall be provided
through other means or shall be available at the request of the consumer.
-
3.Without prejudice to other Community legislation requiring mandatory nutrition declaration,
the declaration referred to in Article 9(1)(l) shall not be mandatory for the foods listed in
SECTION 2
DETAILED PROVISIONS ON MANDATORY PARTICULARS
Article 18
ame of the food
-
1.The name of the food shall be its legal name. In the absence of such 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.
-
2.Specific provisions on the use of the name of the food and particulars that shall accompany it
are laid down in Annex V.
Article 19
List of ingredients
-
1.The list of ingredients shall be headed or preceded by a suitable heading which consists of or
includes the word `ingredients'. It shall include all the ingredients of the food, in descending
order of weight, as recorded at the time of their use in the manufacture of the food.
Article 20
Omission of the list of ingredients
The following foods shall not be required to bear a list of ingredients:
(a) fresh fruit and vegetables, including potatoes, which have not been peeled, cut or similarly
treated;
(b) carbonated water, the description of which indicates that it has been carbonated;
(c) fermentation vinegars derived exclusively from a single basic product, provided that no other
ingredient has been added;
(d) cheese, butter, fermented milk and cream, to which no ingredient has been added other than
lactic products, enzymes and micro-organism cultures essential to manufacture, or in the case
of cheese other than fresh cheese and processed cheese the salt needed for its manufacture;
(e) wine as defined in Council Regulation (EC) No 1493/1999 479/2008 liqueur wines, sparkling
wines, aromatised wines and spirits, alcoholic drinks covered by Council Regulation
(EEC) No 1601/91 and similar products obtained from fruits other than grapes,
aromatised beer, beer, and spirit drinks as defined in Article 2(1) of Regulation (EC) No
110/2008 [...] of [...] of the European Parliament and of the Council on the definition,
description, presentation, labelling and the protection of geographical indications of spirit
drinks and repealing Council Regulation (EEC) No 1576/89. The Commission shall produce a
report after [five years of the entry into force of this Regulation] concerning the application of
Article 19 on these products and may accompany this report by specific measures determining
the rules for labelling ingredients. Those measures designed to amend non-essential elements
of this Regulation, by supplementing it shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 49(3);83
(f) foods consisting of a single ingredient, where:
(i) the name of the food is identical with the ingredient name; or
(ii) the name of the food enables the nature of the ingredient to be clearly identified.
Article 21
Omission of constituents of food from the list of ingredients
The following constituents of a food shall not be required to be included in the list of ingredients:
(a) the constituents of an ingredient which have been temporarily separated during the
manufacturing process and later reintroduced but not in excess of their original proportions;
(b) food additives and enzymes:
(i) whose presence in a given food is solely due to the fact that they were contained in one
or more ingredients of that food, provided that they serve no technological function in
the finished product; or
(ii) which are used as processing aids;
(c) substances used in the quantities strictly necessary as solvents or media for nutritional
substances, food additives, enzymes or flavouring;
(e) water:
(i) where the water is used during the manufacturing process solely for the reconstitution of
an ingredient used in concentrated or dehydrated form; or
(ii) in the case of a liquid medium which is not normally consumed.
Article 22
Labelling of certain substances causing allergies or intolerances
-
1.Any ingredient listed in Annex II or any substance originating from an ingredient listed in that
Annex, subject to the exceptions thereof provided for in that Annex, shall be indicated on the
label with a precise reference to the name of the ingredient.
That indication shall not be required in cases where:
(a) the name of the food clearly refers to the ingredient concerned; or
(b) the ingredient listed in Annex II from which a substance originates is already included
-
2.The list in Annex II shall be systematically re-examined and, where necessary, updated by the
Commission on the basis of the most recent scientific and technical knowledge.
Those measures designed to amend non-essential elements of this Regulation by
supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny
referred to in Article 49(4).
-
3.Where necessary, technical guidelines may be issued for the interpretation of the list in
Annex II, in accordance with the procedure referred to in Article 49(2).
Article 23
Quantitative indication of ingredients
-
1.The indication of the quantity of an ingredient or category of ingredients used in the
manufacture or preparation of a food shall be required where:
(a) the ingredient or category of ingredients concerned appears in the name of the food or is
usually associated with that name by the consumer; or
(b) the ingredient or category of ingredients concerned is emphasised on the labelling in
words, pictures or graphics; or
-
2.The Commission may amend paragraph 1 by adding other cases. Those measures designed to
amend non-essential elements of this Regulation by supplementing it shall be adopted in
accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
-
3.Technical rules for applying paragraph 1, including specific cases where the quantitative
indication shall not be required in respect of certain ingredients, are laid down in Annex VII.
Article 24
et Quantity85
-
1.The net quantity of a food shall be expressed, using litres, centilitres,86 millilitres, kilograms
or grams, as appropriate:
(a) in units of liquid in the case of liquids;
(b) in units of mass in the case of other products.
-
2.The expression of the net quantity for certain specified foods in a different manner than the
one described in paragraph 1 may be established by the Commission. Those measures
designed to amend the non-essential elements of this Regulation by supplementing it, shall be
adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
Article 25
Minimum durability date and `use by' date87
-
1.In the case of foods which, from a microbiological point of view, are highly perishable and
are therefore likely after a short period to constitute an immediate danger to human health, the
date of minimum durability shall be replaced by the `use by' date.88
-
2.The appropriate date shall be expressed in accordance with Annex IX.
-
3.The manner of indicating the date of minimum durability referred to in point 1c of Annex IX
may be specified in accordance with the procedure referred to in Article 49(2).
Article 26
Instructions for use
-
1.The instructions for use of a food shall be indicated in such a way as to enable appropriate use
to be made thereof.
-
2.The Commission may lay down rules as regards the way in which those instructions shall be
indicated in the case of certain foods. Those measures designed to amend non-essential
Article 27
Alcoholic strength
-
1.The rules concerning indication of the alcoholic strength by volume shall, in the case of
[products classified under the Common Customs Tariff headings 22.04 and 22.05]89, be those
laid down in the specific Community provisions applicable to such products.
-
2.The actual alcoholic strength by volume of beverages containing more than 1,2 % by volume
of alcohol other than those referred to in paragraph 1 shall be indicated in accordance with
Annex X.
SECTION 3
NUTRITION DECLARATION
Article 28
Relation with other legislation
-
1.The provisions of this Section shall not apply to foods within the scope of the following
-
2.The provisions of this Section apply without prejudice to Council Directive 89/398/EEC of
3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs
intended for particular nutritional uses92 and specific Directives as referred to in Article 4(1)
of that Directive.93
Article 29
Content
-
1.The mandatory nutrition declaration shall94 include the following (hereinafter referred to as
"mandatory nutrition declaration"):
(a) energy value;
(b) the amounts of fat95, saturates, carbohydrates96, with specific reference to sugars, and
salt97.
This paragraph shall not apply to wine as defined in Council Regulation (EC) No 1493/1999
479/2008, liqueur wines, sparkling wines, aromatised wines, and spirits alcoholic drinks
covered by Council Regulation (EEC) No 1601/91 and similar products obtained from
fruits other than grapes, aromatized beer, beer99 and spirit drinks as defined in Article
2(1) of Regulation (EC) No. [...] of [...] 110/2008 of the European Parliament and of the
Council on the definition, description, presentation, labelling and the protection of
geographical indications of spirit drinks and repealing Council Regulation (EEC) No
1576/89.100 The Commission shall produce a report after [five years of the entry into force of
this Regulation] concerning the application of this paragraph on these products and may
accompany this report by specific measures determining the rules for a mandatory nutrition
declaration for these products. Those measures designed to amend non-essential elements of
this Regulation, by supplementing it shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 49(3).
-
2.The [voluntary] nutrition declaration may also include the amounts of one or more of the
following:
(a) trans fats101;
(b) mono-unsaturates;
(c) polyunsaturates;
(d) polyols;
(e) starch;
(f) fibre;
(g) protein;
(h) any of the minerals or vitamins listed in point 1 of Part A of Annex XI, and present in
significant amounts as defined in point 2 of Part A of Annex XI.
102
-
3.Where a nutrition and/or health claim is made, the amount of the relevant nutrient or
[their] components referred to in paragraph 2 shall be declared103.
-
4.The lists in paragraphs 1 and 2 may be amended by the Commission. Those measures
designed to amend non-essential elements of this Regulation by supplementing it shall be
adopted, in accordance with the regulatory procedure with scrutiny referred to in
Article 30
Calculation104
-
1.The amount of energy shall be calculated using the conversion factors in Annex XII.
-
2.Conversion factors for the vitamins and minerals mentioned in point 1 of Part A of Annex XI,
in order to calculate more precisely their content in foods, may be set and included in
Annex XII by the Commission. Those measures designed to amend non-essential elements of
this Regulation by supplementing it shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 49(3).
-
3.The amounts of energy and nutrients referred to in Article 29(1) and (2) shall be those of the
food as sold.
Where appropriate, the information may relate to the food after preparation, provided that
sufficiently detailed preparation instructions are given and the information relates to the food
-
4.The declared values shall, according to the individual case, be average values based on:
(a) the manufacturer's analysis of the food; or
(b) a calculation from the known or actual average values of the ingredients used; or
(c) a calculation from generally established and accepted data.
The rules for implementing the declaration of energy and nutrients with regard to the
precision of the declared values such as the differences between the declared values and those
established in the course of official checks may be decided upon in accordance with the
procedure laid down in Article 49(2).
Article 31
Forms of expression
-
1.The amount of energy and nutrients or their components referred to in Article 29(1) and (2)
shall be expressed using the measurement units listed in Part A of Annex XIII
-
2.The amount of energy and nutrients or their components referred to in paragraph 1 shall be
expressed per 100 g or per 100 ml. It may, in addition, be expressed or, subject to
Article 32(2) and (3), per portion105.
-
3.The mandatory nutrition declaration shall be expressed, as appropriate, as a percentage of the
reference intakes set out in Part B of Annex XI in relation to per 100 g or per 100 ml or per
portion. When provided, the declaration on vitamins and minerals shall also be expressed as a
percentage of the reference intakes set out in point 1 of Part A of Annex XI106.
-
4.The declaration of polyols and/or starch and the declaration of type of fatty acids, other than
the mandatory declaration of saturates referred to in Article 29(1)(b), shall be presented in
accordance with Annex XIII Part B.
Article 32
Expression on a per portion basis
-
1.In addition to the nutrition declaration per 100g or per 100ml referred to in Article 31(2), the
information may be expressed per portion107 as quantified on the label, provided that the
number of portions contained in the package is stated.
-
2.The nutrition declaration may be expressed on a per portion basis alone if the food is
prepacked as an individual portion.108
-
3.The expression on a per portion basis alone for foods presented in packages containing
multiple portions of the food, that have not been prepacked as individual portions, shall be
established by the Commission. Those measures designed to amend non-essential elements of
this Regulation by supplementing it shall be adopted, in accordance with the regulatory
procedure with scrutiny referred to in Article 49(3)109.
Article 33110
Additional forms of expression
-
1.In addition to the forms of expression referred to in Article 31(2) and (3)111, the nutrition
declaration may be given by other forms of expression112 provided that the following essential
requirements are met:
(a) the form of expression aims to facilitate consumer understanding of the contribution or
importance of the food to the energy and nutrient content of a diet; and
(b) it is based either on harmonised reference intakes, or in their absence, on generally
accepted scientific advice on intakes for energy or nutrients; and
(c) it is supported by evidence of understanding of and use of the presentation of the
information by the average consumer.
-
2.Such additional forms of expression referred to in paragraph 1 shall be identified under a
national scheme referred to in Article 44.
Article 34
Presentation
-
1.The particulars referred to Article 31(2) related to the mandatory nutrition declaration shall be
included in the principal same field of vision113. They shall be presented, where appropriate,
together in a clear format in the following order: energy, fat, saturates, carbohydrates with
specific reference to sugars, and salt.
-
2.The nutrition declaration in relation to the nutrients referred to in Article 29(2) shall appear
together in one place and, as appropriate, in the order of presentation provided in Part C of
Annex XIII.
When this nutrition declaration does not appear in the principal field of vision, it shall be
presented in tabular form, with the numbers aligned if space permits. Where space does not
permit, the declaration shall appear in linear form.
-
3.If the mandatory nutrition declaration appears together with the declaration on nutrients
referred to in Article 29(2), the order of presentation of the energy and nutrients included in
-
5.Graphical forms or symbols115 for the presentation of the nutrition declaration may be used
under a national scheme referred to in Article 44 provided the following essential
requirements are met:
(a) such forms of presentation shall not mislead the consumer; and
(b) there shall be evidence of understanding116 of such forms of presentation by the average
consumer.
-
6.Rules relating to other aspects of presentation of nutrition declaration, other than those
referred to in paragraph 5, may be established by the Commission. Those measures designed
to amend non-essential elements of this Regulation by supplementing it shall be adopted in
accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
CHAPTER V
VOLUNTARY FOOD INFORMATION
Article 35
Applicable requirements
-
1.Where food information covered by this Regulation is provided on a voluntary basis, such
information shall comply with the relevant specific requirements laid down in this Regulation.
-
3.Where the country of origin or the place of provenance of the food is not the same as the one
of its primary ingredient(s), the country of origin or place of provenance of those ingredient(s)
shall also be given118.
-
4.For meat, other than beef and veal, the indication on the country of origin or place of
provenance may be given as a single place only where animals have been born, reared and
slaughtered in the same country or place. In other cases information on each of the different
places of birth, rearing and slaughter shall be given.
-
5.Implementing rules concerning the application of paragraph 3 shall be established by the
Commission. Those measures designed to amend non-essential elements of this Regulation by
supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny
referred to in Article 49(3).
-
6.Implementing rules concerning the conditions and criteria of use of particulars voluntarily
provided may be established by the Commission. Those measures designed to amend non-
essential elements of this Regulation by supplementing it shall be adopted in accordance with
the regulatory procedure with scrutiny referred to in Article 49(3).
CHAPTER VI
NATIONAL PROVISIONS
Article 37
Principle
Member States may only adopt provisions in the field of food information where this is provided
for by this Regulation.
Article 38
ational provisions on additional mandatory particulars
-
1.In addition to the mandatory particulars referred to in Article 9(1) and in Article 10, Member
States may, in accordance with the procedure laid down in Article 42, require additional
mandatory particulars for specific types or categories of foods, justified on grounds of:
(a) the protection of public health;
(b) the protection of consumers;
(c) the prevention of fraud;
(d) the protection of industrial and commercial property rights, indications of provenance,
-
2.By means of paragraph 1, Member States may introduce measures concerning the mandatory
indication of the country of origin or place of provenance of foods only where there is a
proven link between certain qualities of the food and its origin or provenance. When notifying
such measures to the Commission, Member States shall provide evidence that the majority of
consumers attach significant value to the provision of this information.
Article 39
Milk and milk products
Member States may adopt measures derogating from Article 9(1) and Article 10(21) in the case of
milk and milk products presented in glass bottles intended for reuse.
They shall communicate to the Commission the text of those measures without delay.
Article 40
Alcoholic beverages
Member States may, pending the adoption of the Community provisions referred to in Article 20(e),
maintain national rules as regard the listing of ingredients in the case of beverages containing more
than 1,2 % by volume of alcohol.
Article 41120
ational measures for non-prepacked food
-
1.Where foods are offered for 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 Member States may adopt detailed rules concerning the manner
in which the particulars specified in Articles 9 and 10 are to be shown121.
120 Pres: proposed the following alternative:
"1. Without prejudice to paragraphs 1a to 2, Where Articles 9 and 10 shall not apply to foods are offered for sale to the final consumer or to mass caterers without prepackaging, or where to foods which are packed on the sales premises at the consumer's request or prepacked for direct sale unless Member States adopt detailed rules requiring the provision of some or all the particulars referred to in Articles 9 and 10. Member States shall ensure that the consumer or mass caterer still receives sufficient information. , the Member States may adopt detailed rules concerning the manner in which the particulars specified in Articles 9 and 10 are to be shown.
-
2.Member States may decide not to require the provision of some of the particulars referred to
in paragraph 1, other than those referred to in Article 9(1) (c), provided that the consumer or
mass caterer still receives sufficient information.122
-
3.Member States shall communicate to the Commission the text of the measures referred to in
paragraphs 1 and 2 without delay.123 124
122 DELETED: reservation on the possibility of not requiring information on the presence of
allergens. In reality, for non pre-packed products, while being stocked, there a risk of cross- contamination. For pre-packed food, labelling of allergens should be better regulated.
123 DELETED: proposed, as an alternative wording:
"(1) Where foods are offered for 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 Member States may adopt detailed rules concerning the manner in which the particulars specified in Articles 9 and 10 are to be shown.
a)
the particulars specified in Article 9 (1) (c) are to be provided by the food business operator; the Member States may adopt detailed rules concerning the manner in which these particulars are to be shown.
Article 42
otification procedure
-
1.When reference is made to this Article, the Member State which deems it necessary to adopt
new food information legislation, shall notify in advance the Commission and the other
Member States of the measures envisaged and give the reasons justifying them.
-
2.The Commission shall consult the Standing Committee on the Food Chain and Animal Health
set up by Article 58(1) of Regulation (EC) No 178/2002 if it considers such consultation to be
useful or if a Member State so requests.
-
3.The Member State concerned may take the envisaged measures only three months after the
notification referred to in paragraph 1, provided that it has not received a negative opinion
from the Commission.
-
4.If the Commission's opinion is negative, it shall initiate the procedure referred to in
Article 49(2) before the expiry of that three-month period in order to determine whether the
envisaged measures may be implemented. The Commission may require certain amendments
to be made to the envisaged measures. The Member State concerned may take the envisaged
measures only after the Commission has adopted its final decision.
Article 43
Detailed rules
Detailed rules for the application of this Chapter may be adopted by the Commission. Those
measures designed to amend non-essential elements of this Regulation by supplementing it shall be
adopted in accordance with the procedure referred to in Article 49(2).
CHAPTER VII
DEVELOPMENT OF NATIONAL SCHEMES
Article 44
ational Schemes126 127
-
1.Member States may adopt, recommend or otherwise endorse national schemes consisting of
exclusively non-binding rules, such as recommendations, guidance, standards or any other
non binding rules, (hereinafter referred to as the `national schemes') aimed at ensuring the
application of the following provisions and in compliance with the essential requirements set
out therein:
(a) Article 33(2), relating to additional forms of expression of the nutritional declaration;
-
2.The implementation by national schemes of other provisions of food information law, in
addition to those listed in paragraph 1, and the relevant essential requirements may be
established by the Commission. Those measures designed to amend non-essential elements of
this Regulation by supplementing it shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 49(3).
-
3.National schemes may be developed by Member States on their own initiative or at the
request of stakeholders in compliance with the general principles and requirements laid down
in Chapter II and III of this Regulation, and:
(a) as a result of sound consumer research; and
(b) following extensive consultation with a wide range of stakeholders drawing on best
practices.
-
4.National schemes shall include appropriate mechanisms to allow consumers to identify foods
that are labelled in compliance with national schemes, to monitor the level of compliance with
the scheme and to assess its impact.
-
5.Member States shall provide the Commission with the details of the national schemes referred
to in paragraph 1, including an identifier for foods that are labelled in compliance with that
-
6.The Commission shall encourage and organise the exchange of information between Member
States and with itself on matters relating to the adoption and implementation of the national
schemes. It shall encourage the participation of stakeholders to such exchange, in particular
through the Advisory Group on the Food Chain Animal and Plant Health set up by
Commission Decision 2004/613/EC of 6 August 2004 concerning the creation of an advisory
group on the food chain and animal and plant health128.
-
7.The Commission, after consulting with Member States, may adopt Guidelines concerning the
application of this Article.
Article 45
Presumption of conformity
-
1.Any food information provided in conformity with a national scheme shall be presumed to
comply with the essential requirements referred to in Article 44(1) and (2).
-
2.The application of national schemes shall not give rise to obstacles to the free movement of
Article 46
Community measures
-
1.If the Commission considers that a national scheme is not in compliance with the provisions
of this Regulation, it may adopt a decision, after having informed the Committee referred to in
Article 49(1), requesting a Member State to repeal or amend that national scheme.
-
2.The Commission may adopt implementing measures relating to the provisions referred to in
Article 44(1) and (2). Those measures designed to amend non-essential elements of this
Regulation by supplementing it shall be adopted in accordance with the regulatory procedure
with scrutiny referred to in Article 49(3).
Article 47
Implementing rules
Detailed rules for the application of this Chapter may be adopted by the Commission. Those
measures designed to amend non-essential elements of this Regulation by supplementing it shall be
adopted in accordance with the procedure referred to in Article 49(2).
CHAPTER VIII
IMPLEMENTING, AMENDING AND FINAL PROVISIONS
Article 48
Technical adaptations
Subject to the provisions relating to the amendments to Annexes II and III referred to in
Article 10(2) and Article 22(2), the Annexes may be amended by the Commission. Those measures
designed to amend non-essential elements of this Regulation by supplementing it shall be adopted
in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
Article 49
Committee
-
1.The Commission shall be assisted by the Standing Committee on the Food Chain and Animal
Health.
-
2.Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall
apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
-
3.Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of
Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
-
4.Where reference is made to this paragraph, Article 5a(1), (2), (4) and (6), and Article 7 of
Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Article 50
Amendments to Regulation (EC) o 1924/2006
In Article 7 of Regulation (EC) No 1924/2006, the first and second paragraphs are replaced by the
following:
"The obligation and the modalities for providing information pursuant to [Chapter IV, Section
3 of Regulation (EC) No. ...of the European Parliament and of the Council]* where a
nutrition and/or health claim is made shall apply mutatis mutandis, with the exception of
generic advertising.
In addition, and as the case may be, the amount(s) of the substance(s) to which a nutrition or
health claim relates that does not appear in the nutrition labelling shall also be stated in the
same field of vision as the nutrition declaration and be expressed in accordance with
Articles 30 to 32 of [Regulation (EC) No ...].
Article 51
Amendments to Regulation (EC) o 1925/2006
-
1.In Article 6 of Regulation (EC) 1925/2006 paragraph 6 is replaced by the following:
"6. The addition of a vitamin or a mineral to a food shall result in the presence of that
vitamin or mineral in the food in at least a significant amount where this is defined
according to [point 2 of Part A of Annex XI of Regulation (EC) No ...]*. The minimum
amounts, including any lower amounts, by derogation from the significant amounts
mentioned above, for specific foods or categories of foods shall be adopted in
accordance with the procedure referred to in Article 14(2).
-
-
*OJ L ...,dd/mm/yyyy, p. ...".
-
2.In Article 7 of Regulation (EC) 1925/2006 paragraph 3 is replaced by the following:
"3. Nutrition labelling of products to which vitamins and minerals have been added and
which are covered by this Regulation shall be compulsory. The information to be
provided shall consist of that specified in Article 29(1) of [Regulation (EC) No ...] and
of the total amounts present of the vitamins and minerals when added to the food.".
Article 52129
Repeal
-
1.Directives 2000/13/EC, 87/250/EC, 94/54/EC, 1999/10/EC, 2002/67/EC, 2004/77/EC and
Regulation (EC) No 608/2004 are repealed with effect from the date of the entry into force of
this Regulation.
-
2.Directive 90/496/EEC is repealed from [5 years after the entry into force].
-
3.References to the repealed acts shall be construed as references to this Regulation.
Article 53
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the
Official Journal of the European Union.
Article 14(1) shall apply from [the first day of the month 3 years after the entry into force].
Articles 29 to 34 shall apply from [the first day of the month 3 years after the entry into force]
except in the case of foods labelled by food business operators with, on the date of entry into force,
less than 10 employees and whose annual turnover and/or annual balance sheet total does not
exceed EUR 2 million where they shall apply [the first day of the month 5 years after the entry into
force]131.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the European Parliament For the Council
ANNEX I to the ANNEX
SPECIFIC DEFINITIONS
As referred to in Article 2(4)
-
1.`nutrition declaration' or `nutrition labelling' means information consisting of:
(a) energy value; or
(b) energy value and one or more of the following nutrients and their components:
-
-fat (saturates, trans fat, mono-unsaturates, polyunsaturates)
-
-carbohydrate (sugars, polyols, starch)
-
-salt,
-
-fibre,
-
-protein,
-
-any of the minerals or vitamins listed in Annex XI, Part A; point 1 and present
in significant amounts as defined in Annex XI, Part A; point 2.
-
2.`fat' means total lipids, and includes phospholipids, with the exclusion of phytosterols132;
-
10.`protein' means the protein content calculated using the formula: protein = total Kjeldahl
nitrogen × 6,25134;
-
-
11.`salt' means the salt content calculated using the formula: salt = sodium × 2,5;
11a. `fibre' means carbohydrate polymers with three or more monomeric units, which are
neither digested nor absorbed in the human small intestine and belong to the following
categories:
-- edible carbohydrate polymers naturally occurring in the food as consumed;
-- edible carbohydrate polymers which have been obtained from food raw material
by physical, enzymatic or chemical means and which have a beneficial
physiological effect demonstrated by generally accepted scientific evidence;
-- edible synthetic carbohydrate polymers which have a beneficial physiological effect
demonstrated by generally accepted scientific evidence' ;
-
12.`average value' means the value which best represents the amount of the nutrient which a
given food contains, and reflects allowances for seasonal variability, patterns of consumption
and other factors which may cause the actual value to vary;
-
13.`principal field of vision' means the field of vision that is most likely to be displayed or
visible under normal or customary conditions of sale or use.
ANNEX II to the ANNEX
INGREDIENTS CAUSING ALLERGIES OR INTOLERANCES
-
1.Cereals containing gluten (namely wheat, rye, barley, oats, spelt, kamut or their hybridised
strains) and products thereof, except:
(a) wheat based glucose syrups including dextrose135;
(b) wheat based maltodextrins1;
(c) glucose syrups based on barley;
(d) cereals used for making distillates or ethyl alcohol of agricultural origin for spirit drinks
and other beverages containing more than 1,2 % by volume of alcohol136.
-
2.Crustaceans and products thereof.
-
3.Eggs and products thereof.
-
4.Fish and products thereof, except:
(a) fish gelatine used as carrier for vitamin or carotenoid preparations;
(b) fish gelatine or Isinglass used as fining agent in beer and wine.
-
6.Soybeans and products thereof, except:
(a) fully refined soybean oil and fat 1;
(b) natural mixed tocopherols (E306), natural D-alpha tocopherol, natural D-alpha
tocopherol acetate, natural D-alpha tocopherol succinate from soybean sources;
(c) vegetable oils derived phytosterols and phytosterol esters from soybean sources;
(d) plant stanol ester produced from vegetable oil sterols from soybean sources.
-
7.Milk and products thereof (including lactose), except:
(a) whey used for making distillates or ethyl alcohol of agricultural origin for spirit drinks
and other beverages containing more than 1,2 % by volume of alcohol;
(b) lactitol.
-
8.Nuts, namely almonds (Amygdalus communis L.), hazelnuts (Corylus avellana), walnuts
(Juglans regia), cashews (Anacardium occidentale), pecan nuts (Carya illinoinensis
(Wangenh.) K. Koch), Brazil nuts (Bertholletia excelsa), pistachio nuts (Pistacia vera),
macadamia nuts and Queensland nuts (Macadamia ternifolia), and products thereof, except:
(a) nuts used for making distillates or ethyl alcohol of agricultural origin for spirit drinks
-
9.Celery and products thereof.
-
10.Mustard and products thereof.
-
11.Sesame seeds and products thereof.
-
12.Sulphur dioxide and sulphites at concentrations of more than 10 mg/kg or 10 mg/litre in the
terms of the total expressed as SO
2 is to be calculated for products as proposed ready for
consumption or as reconstituted according to the instructions of the manufacturers
-
13.Lupin and products thereof.
ANNEX III to the ANNEX
FOODS FOR WHICH THE LABELLING MUST INCLUDE ONE OR MORE
ADDITIONAL PARTICULARS
TYPE OR CATEGORY OF FOOD PARTICULARS
-
1.FOODS PACKAGED IN CERTAIN GASES
1.1 Foods whose durability has been `Packaged in a protective atmosphere'
extended by means of packaging gases authorised pursuant to Council Directive 89/107/EEC
137
-
2.FOODS CONTAINING SWEETENERS
1382.1 Foods containing a sweetener or `with sweetener(s)' this statement shall accompany the name of the food.
sweeteners authorised pursuant to Directive 89/107/EEC
1392.2 Foods containing both an added sugar `with sugar(s) and sweetener(s)' this statement shall accompany the name of the food.
or sugars and a sweetener or sweeteners authorised pursuant to Directive 89/107/EEC
1402.3 Foods containing aspartame authorised `contains a source of phenylalanine'
pursuant to Directive 89/107/EEC
2.4 Foods containing more than 10 % added `excessive consumption may produce laxative effects'
polyols authorised pursuant to Directive 89/107/EEC
-
3.FOODS CONTAINING GLYCYRRHIZINIC ACID OR ITS AMMONIUM SALT
3.1 Confectionery or beverages containing `contains liquorice' shall be added immediately after the list of ingredients, unless the term "liquorice" is already included in the list of ingredients or in the name of the food. In absence of a list of ingredients, the statement shall accompany the name of the food.
glycyrrhizinic acid or its ammonium salt due to the addition of the substance(s) as such or the liquorice plant Glycyrrhiza glabra, at concentration of 100 mg/kg or 10 mg/l or above.
or its ammonium salt due to the addition of the substance(s) as such or the liquorice plant Glycyrrhiza glabra at concentrations of 50 mg/l or above, or of 300 mg/l or above in the case of beverages containing more than 1,2 %
by volume of alcoholhypertension should avoid excessive consumption' shall be added immediately after the list of ingredients. In absence of list of ingredients, the statement shall accompany the name of the food.
141.
-
4.BEVERAGES WITH HIGH CAFFEINE CONTENT
4.1 Beverages, with the exception of those `High caffeine content' in the same field of vision as the name of the beverage, followed by a reference in brackets and in accordance with Article 14(5) of this Regulation to the caffeine content expressed in mg/100 ml.
based on coffee, tea or coffee or tea extract where the name of the food includes the term "coffee" or "tea",
which:
are intended for consumption
without modification and contain caffeine, from whatever source, in a proportion in excess of 150 mg/l, or
are in concentrated or dried form and
after reconstitution contain caffeine, from whatever source, in a proportion in excess of 150 mg/l
-
5.FOODS WITH ADDED PHYTOSTEROLS, PHYTOSTEROL ESTERS,
PHYTOSTANOLS OR PHYTOSTANOL ESTERS
5.1 Foods or food ingredients with added (1) `with added plant sterols' or `with added
phytosterols, phytosterol esters, phytostanols or phytostanol esters plant stanols' in the same field of vision
as the name of the food;
(2) the amount of added phytosterols,
phytosterol esters, phytostanols or phytostanol esters content (expressed in % or as g of free plant sterols/plant stanols per 100 g or 100 ml of the food) shall be stated in the list of ingredients;
-
children under the age of five years;
(6) advice that the food is to be used as part
of a balanced and varied diet, including regular consumption of fruit and vegetables to help maintain carotenoid levels;
(7) in the same field of vision as the
statement required under point 3) above, a statement that the consumption of more than 3 g/day of added plant sterols/plant stanols should be avoided;
(8) a definition of a portion of the food or
food ingredient concerned (preferably in g or ml) with the amount of the plant sterol/plant stanol that each portion contains.
ANNEX III A to the ANNEX
DEFINITION OF X-HEIGHT AND CONTRAST
-
1.X. HEIGHT
-
2.CONTRAST
Contrast between the print and background - at least [70%] luminance ratio
ANNEX III B to the ANNEX
CRITERIA WHICH CAN AFFECT LEGIBILITY143
OF THE MANDATORY PARTICULARS
criteria measurement
-
-text type and format
-
-layout
-
-print quality
-
-white space around text - at least [80%] of font size
-
-surfaces
ANNEX IV144to the ANNEX
FOODS WHICH ARE EXEMPTED FROM THE REQUIREMENT FOR THE
MANDATORY NUTRITION DECLARATION
-
-unprocessed145 products that comprise a single ingredient or category146 of ingredients;
-
-processed products which the only processing they have been subjected to is [smoking or]
maturing and that comprise a single147 ingredient or category of ingredients;148
-
-waters intended for human consumption, including those where the only added ingredients are
carbon dioxide and/or flavourings;
-
-a herb, a spice or mixtures thereof149;
-
-salt and salt substitutes150 151;
-
-152
-
-products covered by Directive 1999/4/EC of the European Parliament and of the Council of
22 February 1999 relating to coffee extracts and chicory extracts153, whole or milled coffee
beans and whole or milled decaffeinated coffee beans;
-
-herbal infusion, tea, decaffeinated tea, instant or soluble tea or tea extract, decaffeinated
instant or soluble tea or tea extract, which do not contain added ingredients;
-
-fermented vinegars and substitutes for vinegar, including those where the only added
ingredients are flavourings;
154
-
-flavourings;
-
-food additives;
-
-processing aids;
-
-food enzymes;
-
-gelatine;
-
-jam setting compounds;
-
-yeast;
-
-food in packaging or containers the largest surface of which has an area of less than 25 cm2;
-
-food sold by private persons in the context of occasional activities, and not as part of an
undertaking that would imply a certain continuity of activities and a certain degree of
ANNEX V to the ANNEX
NAME OF THE FOOD AND SPECIFIC ACCOMPANYING PARTICULARS
PART A NAME OF THE FOOD
-
1.The use in the Member State of marketing of the name of the food under which the product is
legally manufactured and marketed in the Member State of production shall be allowed.
However, where the application of the other provisions of this Regulation, in particular those
set out in Article 9, would not enable consumers in the Member State of marketing to know
the true nature of the food and to distinguish it from foods with which they could confuse it,
the name of the food shall be accompanied by other descriptive information which shall
appear in proximity to the name of the food.
-
2.In exceptional cases, the name of the food of the Member State of production shall not be
used in the Member State of marketing when the food which it designates is so different, as
regards its composition or manufacture, from the food known under that name that the
provisions of point 1 are not sufficient to ensure, in the Member State of marketing, correct
information for purchaser.
-
3.No name protected as intellectual property, brand name or fancy name may be substituted for
PART B MANDATORY PARTICULARS ACCOMPANYING THE NAME OF THE
FOOD
-
1.The name of the food shall include or be accompanied by particulars as to the physical
condition of the food or the specific treatment which it has undergone (for example,
powdered, freeze-dried, deep-frozen, quick-frozen, defrosted, concentrated, smoked) in all
cases where omission of such information could mislead the purchaser.
-
2.Foods treated with ionising radiation shall bear one of the following indications:
`irradiated' or `treated with ionising radiation', and other indications as stated in the
directive 1999/2/CE.
PART C SPECIFIC REQUIREMENTS CONCERNING THE DESIGNATION OF
`MINCED MEAT'
-
1.Composition criteria checked on the basis of a daily average:
Fat content Connective tissue:
meat protein ratio
-
-`connective tissue: meat protein ratio under...'.158
-
3.The Member States may allow the placing on their national market of minced meat which
does not comply with the criteria laid down in point 1 of this Part under a national mark that
cannot be confused with the marks provided for in Article 5(1) of
ANNEX VI to the ANNEX
INDICATION AND DESIGNATION OF INGREDIENTS
PART A SPECIFIC PROVISIONS CONCERNING THE INDICATION OF
INGREDIENTS BY DESCENDING ORDER OF WEIGHT
Category of ingredient Provision concerning indication by weight
-
1.Added water and volatile products Shall be listed in order of their weight in the
finished product. The amount of water added
as an ingredient in a food shall be calculated
by deducting from the total amount of the
finished product the total amount of the other
ingredients used. This amount shall not be
required to be taken into consideration if it
does not exceed 5 % by weight of the
finished product159.
-
2.Ingredients used in concentrated or May be listed in order of weight as recorded
dehydrated form and reconstituted at the before their concentration or dehydration.
time of manufacture
-
3.Ingredients used in concentrated or May be listed in order of proportion in the
dehydrated foods, which are intended to reconstituted product provided that the list of
-
4.Fruit, vegetables or mushrooms, none of May be grouped together in the list of
which significantly predominates in ingredients under the designation `fruit',
terms of weight and which are used in `vegetables' or `mushrooms' followed by the
proportions that are likely to vary, used phrase `in varying proportions', immediately
in a mixture as ingredients of a food followed by a list of the fruit, vegetables or
mushrooms present. In such cases, the
mixture shall be included in the list of
ingredients in accordance with Article 19 (1),
on the basis of the total weight of the fruit,
vegetables or mushrooms present.
-
5.Mixtures of spices or herbs, where none May be listed in another order provided that
significantly predominates in proportion that list of ingredients is accompanied by an
by weight expression such as `in variable proportion'.
-
6.Ingredients constituting less than 2 % of May be listed in a different order after the
the finished product other ingredients.
-
7.Ingredients which are similar or May be referred to in the list of ingredients
mutually substitutable, likely to be used by means of the phrase `contains ... and/or
in the manufacture or preparation of a ...', where at least one of no more than two
food without altering its composition, its ingredients is present in the finished product.
nature or its perceived value, and in so This provision shall not apply to food
far as they constitute less than 2 % of the additives or to ingredients listed in Part C of
PART B DESIGNATION OF CERTAIN INGREDIENTS BY THE NAME OF A
CATEGORY RATHER THAN A SPECIFIC NAME
Ingredients which belong to one of the categories of foods listed below and are constituents of
another food shall only be required to be named by the designation of that category.
Definition of category of food Designation
-
1.Refined oils other than olive oil160 `Oil', together with
-
-either the adjective
`vegetable' or `animal', as
appropriate, or
-
-an indication of their
specific vegetable or animal
origin
The adjective `hydrogenated'161
must accompany the indication of
a hydrogenated oil unless the
amount of saturates and trans fats
Definition of category of food Designation
must accompany the indication of a hydrogenated fat unless the amount of saturates and trans fats are included in the nutrition declaration
-
3.Mixtures of flour obtained from two or more cereal species `Flour', followed by a list of the cereals from which it has been obtained, in descending order by weight
-
4.162Starches, and starches modified by physical `Starch'
means or by enzymes
-
5.All species of fish where the fish constitutes an ingredient of another food and provided that the name and presentation of such food does not refer to a specific species of fish `Fish'
-
6.All types of cheese where the cheese or mixture of cheeses constitutes an ingredient of another food and provided that the name and presentation of such food does not refer to a specific type of cheese `Cheese'
-
7.All spices not exceeding 2 % by weight of the food `Spice(s)' or `mixed spices'
Definition of category of food Designation
-
16.All types of wine as defined in Council Regulation (EC) No 1493/1999 479/08 `Wine'
-
17.Skeletal muscles163 of mammalian and bird species `... meat' and the name(s)164 of
recognised as fit for human consumption with naturally included or adherent tissue, where the total fat and connective tissue content does not exceed the values indicated below and where the meat constitutes an ingredient of another food. The products covered by the definition of `mechanically separated meat' are excluded from this definition. the animal species from which it comes
Maximum fat and connective tissue contents for ingredients designated by the term `... meat'
Species Fat (%) Connective tissue
165
(%)
Mammals (other than rabbits and porcines) and mixtures of species with mammals predominating 25 25
Porcines 30 25
Birds and rabbits 15 10
If these maximum limits are exceeded, but all other criteria for the definition of `meat' are satisfied, the `... meat' content must be adjusted downwards accordingly and the list of ingredients must mention, in addition to the term `... meat', the presence of fat and/or connective tissue.
PART C DESIGNATION OF CERTAIN INGREDIENTS BY THE NAME OF THEIR
CATEGORY FOLLOWED BY THEIR SPECIFIC NAME OR EC NUMBER
Food additives and enzymes other than those specified in Article 21(b) belonging to one of the
categories listed in this Part must be designated by the name of that category, followed by their
specific name or, if appropriate, EC number. If an ingredient belongs to more than one of the
categories, the category appropriate to the principal function in the case of the food in question shall
be indicated. However, the designation `modified starch' must always be accompanied by the
indication of its specific vegetable origin, when that ingredient may contain gluten.
Acid
Acidity regulator
Anti-caking agent
Anti-foaming agent
Antioxidant
Bulking agent
Colour
Emulsifier
Emulsifying salts167
Firming agent
Flavour enhancer
Flour treatment agent
Gelling agent
Glazing agent
Humectant
Modified starch168
Preservative
Propellent gas
Raising agent
PART D DESIGNATION OF FLAVOURINGS IN THE LIST OF INGREDIENTS
-
1.Flavourings shall be designated either by the word `flavouring(s)' or by a more specific
name or description of the flavouring.
-
2.Quinine and/or caffeine used as a flavouring in the production or preparation of a food
shall be mentioned by name in the list of ingredients immediately after the term
`flavouring(s)'.
-
3.The word `natural' or any other word having substantially the same meaning may be used
only for flavourings in which the flavouring component contains exclusively flavouring
substances as defined in Article 1(2)(b)(i) of Directive 88/388/EEC and/or flavouring
preparations as defined in Article 1(2)(c) of that Directive.
-
4.If the name of the flavouring contains a reference to the vegetable or animal nature or
origin of the incorporated substances, the word `natural' or any other word having
substantially the same meaning may not be used unless the flavouring component has been
isolated by appropriate physical processes, enzymatic or microbiological processes or
traditional food-preparation processes solely or almost solely from the food or the
PART E DESIGNATION OF COMPOUND INGREDIENTS
-
1.A compound ingredient may be included in the list of ingredients, under its own
designation in so far as this is laid down by law or established by custom, in terms of its
overall weight, and immediately followed by a list of its ingredients.
-
2.The list of ingredients for compound ingredients shall not be compulsory:
(a) where the composition of the compound ingredient is defined in current Community
legislation, and in so far as the compound ingredient constitutes less than 2 % of the
finished product; however, this provision shall not apply to food additives, subject to
the provisions of Article 21 (a) to (d); or
(b) for compound ingredients consisting of mixtures of spices and/or herbs that
constitute less than 2 % of the finished product, with the exception of food additives,
subject to the provisions of Article 21 (a) to (d); or
(c) where the compound ingredient is a food for which a list of ingredients is not
required under Community legislation.
ANNEX VII to the ANNEX
QUANTITATIVE INDICATION OF INGREDIENTS
-
1.The quantitative indication shall not be required:
(a) in respect of an ingredient or category of ingredients:
(i) the drained net weight of which is indicated in accordance with point 5 of
Annex VIII; or
(ii) the quantities of which are already mandatory on the labelling under Community
provisions; or
(iii) which is used in small quantities for the purposes of flavouring; or
(iv) which, while appearing in the name of the food, is not such as to govern the choice
of the consumer in the country of marketing because the variation in quantity is not
essential to characterise the food or does not distinguish it from similar foods; or
(b) where specific Community provisions stipulate precisely the quantity of an ingredient or
of a category of ingredients without providing for the indication thereof on the labelling;
or
(c) in the cases referred to in points 4 and 5 of Part A of Annex VI.
-
3.The indication of quantity of an ingredient or category of ingredients shall:
(a) be expressed as a percentage, which shall correspond to the quantity of the ingredient or
ingredients at the time of its/their use; and
(b) appear either in or immediately next to the name of the food or in the list of ingredients
in connection with the ingredient or category of ingredients in question.
170
-
4.By way of derogation from point 3,
(a) where foods have lost moisture following heat treatment or other treatment, the quantity
shall be expressed as a percentage which shall correspond to the quantity of the
ingredient(s) used, related to the finished product, unless that quantity or the total
quantity of all the ingredients indicated on the labelling exceeds 100 %, in which case
the quantity shall be indicated on the basis of the weight of the ingredient(s) used to
prepare 100 g of finished product;
(b) the quantity of volatile ingredients shall be indicated on the basis of their proportion by
weight in the finished product;
(c) the quantity of ingredients used in concentrated or dehydrated form and reconstituted
ANNEX VIII to the ANNEX
NET QUANTITY DECLARATION
-
1.The net quantity shall not be mandatory in the case of foods:
(a) which are subject to considerable losses in their volume or mass and which are sold by
number or weighed in the presence of the purchaser; or
(b) the net quantity of which is less than 5 g or 5 ml; however, this provision shall not apply
to spices and herbs.
-
2.Where the indication of a certain type of quantity (such as the nominal quantity, minimum
quantity, average quantity) is required by Community provisions or, where there are none, by
national provisions, this quantity shall be regarded as the net quantity for the purposes of this
Regulation.
-
3.Where a prepacked item consists of two or more individual prepacked items containing the
same quantity of the same product, the net quantity shall be indicated by mentioning the net
quantity contained in each individual package and the total number of such packages. The
indication of those particulars shall not, however, be mandatory where the total number of
individual packages can be clearly seen and easily counted from the outside and where at least
one indication of the net quantity contained in each individual package can be clearly seen
-
4.Where a prepacked item consists of two or more individual packages which are not regarded
as units of sale, the net quantity shall be given by indicating the total net quantity and the total
number of individual packages.171
-
5.Where a solid food is presented in a liquid medium, the drained net weight of the food shall
also be indicated172.
For the purposes of this point, `liquid medium' shall mean the following products, possibly in
mixtures and also where frozen or quick-frozen, provided that the liquid is merely an adjunct
to the essential elements of that preparation and is thus not a decisive factor for the purchase:
water, aqueous solutions of salts, brine, aqueous solutions of food acids, vinegar, aqueous
solutions of sugars, aqueous solutions of other sweetening substances, fruit or vegetable juices
in the case of fruit or vegetables.
ANNEX IX to the ANNEX
DATE OF MINIMUM DURABILITY
-
1.The date of minimum durability shall be indicated as follows:
(a) The date shall be preceded by the words:
-
-`Best before ...' when the date includes an indication of the day,
-
-`Best before end ...' in other cases.
(b) The words referred to in point (a) shall be accompanied by:
-
-either the date itself, or
-
-a reference to where the date is given on the labelling.
If need be, these particulars shall be followed by a description of the storage
conditions173 which must be observed if the product is to keep for the specified
period.
(c) The date shall consist of the day, month and year in uncoded chronological form.
However, in the case of foods:
(d) Subject to Community provisions imposing other types of date indication, an indication
of the date of minimum durability shall not be required for:
-
-fresh fruit and vegetables, including potatoes, which have not been peeled, cut or
similarly treated; this derogation shall not apply to sprouting seeds and similar
products such as legume sprouts,
-
-wines, liqueur wines, sparkling wines, aromatised wines and similar products
obtained from fruits other than grapes, and beverages falling within CN codes
22060091, 22060093 and 22060099 and manufactured from grapes or grape
musts,174
-
-beverages containing 10 % or more by volume of alcohol,
-
-soft drinks, fruit juices, fruit nectars and alcoholic beverages containing more than
1,2 % by volume of alcohol in individual containers of more than five litres,
intended for supply to mass caterers,175
-
-bakers' or pastry cooks' wares which, given the nature of their content, are
normally consumed within 24 hours of their manufacture,
-
-cooking salt,
-
-solid sugar,
-
-confectionery products consisting almost solely of flavoured and/or coloured
sugars,
-
-chewing gums and similar chewing products,
-
-individual portions of ice-cream.176
-
-177
-
2.The `use by' date shall be indicated as follows:
(a) It shall be preceded by the words `use by ...';
(b) The words in point (a) shall be accompanied by:
-
-either the date itself, or
ANNEX X to the ANNEX
ALCOHOLIC STRENGTH
The actual alcoholic strength by volume of beverages containing more than 1,2 % by volume of
alcohol shall be indicated by a figure to not more than one decimal place. It shall be followed by the
symbol `% vol.' and may178 be preceded by the word `alcohol' [or the abbreviation `alc']179.
The alcoholic strength shall be determined at 20°C.
Positive and negative allowed tolerances in respect of the indication of the alcoholic strength by
volume and expressed in absolute values shall be as listed in the following table. They shall apply
without prejudice to the tolerances deriving from the method of analysis used for determining the
alcoholic strength.
Description of beverage Positive or negative tolerance
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1.Beers having an alcoholic strength not 0,5 % vol.
exceeding 5,5 % vol.; beverages [classified
under subheading 22.07 B II of the
Common Customs Tariff] and made from
grapes
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2.Beers having an alcoholic strength 1 % vol.
exceeding 5,5 % vol.; beverages [classified
under subheading 22.07 B I of the Common
ANNEX XI to the ANNEX
REFERENCE INTAKES
PART A REFERENCE INTAKES FOR VITAMINS AND MINERALS (ADULTS)
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1.Vitamins and minerals which may be declared and their recommended daily allowances
(RDAs180)181 182
Vitamin A (µg) 800 Potassium (mg) 2000
Vitamin D (µg) 5 Chloride (mg) 800
Vitamin E (mg) 12 Calcium (mg) 800
Vitamin K (µg) 75 Phosphorus (mg) 700
Vitamin C (mg) 80 Magnesium (mg) 375
Thiamin (mg) 1,1 Iron (mg) 14
Riboflavin (mg) 1,4 Zinc (mg) 10
Niacin (mg) 16 Copper (mg) 1
Vitamin B6 (mg) 1,4 Manganese (mg) 2
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2.Significant amount of vitamins and minerals
As a rule, 15 %183 of the recommended allowance specified in point 1 supplied by 100 g or
100 ml or per package if the package contains only a single portion should be taken into
consideration in deciding what constitutes a significant amount.
PART B REFERENCE INTAKES FOR ENERGY AND SELECTED NUTRIENTS
OTHER THAN VITAMINS AND MINERALS (ADULTS)
Energy or nutrient Reference Intake184
Energy 8400 kJ (2000 kcal)
Total fat 70 g
Saturates 20 g
Carbohydrate 230 g
Sugars 90 g
ANNEX XII to the ANNEX
CONVERSION FACTORS
CONVERSION FACTORS FOR THE CALCULATION OF ENERGY
The energy value to be declared shall be calculated using the following conversion factors:
-- carbohydrate (except 4 kcal/g --17 kJ/g
polyols)
-- polyols 2,4 kcal/g --10 kJ/g
-- protein 4 kcal/g --17 kJ/g
-- fat 9 kcal/g --37 kJ/g
-- salatrims 6 kcal/g -- 25 kJ/g
-- alcohol (ethanol) 7 kcal/g --29 kJ/g
-- organic acid 3 kcal/g -- 13 kJ/g
ANNEX XIII to the ANNEX
EXPRESSION AND PRESENTATION OF NUTRITION DECLARATION
PART A EXPRESSION OF THE NUTRITION DECLARATION
The units to be used in the nutrition declaration shall be the following:
-- energy kJ and kcal
-- fat grams (g)
-- carbohydrate
-- fibre
-- protein
-- salt
-- vitamins and minerals the units specified in
point 1 of Part A of
Annex XI
-- other substances units as appropriate
PART B ORDER OF PRESENTATION OF NUTRITION DECLARATION ON
COMPONENTS OF CARBOHYDRATE AND FAT
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1.Where polyols and/or starch are declared, this declaration shall be included in the following
order:
carbohydrate g
of which:
-- sugars g
-- polyols g
-- starch g
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2.Where the amount and/or type of fatty acid is declared, this declaration shall be included in
the following order:
fat g
of which:
-- saturates g
PART C ORDER OF PRESENTATION OF ENERGY AND NUTRIENTS APPEARING
IN A NUTRITION DECLARATION
The order of presentation of the information on the energy and nutrients, as appropriate, shall be the
following:
energy kJ and kcal
fat g
of which
-- saturates g
-- trans fats g
-- mono-unsaturates g
-- polyunsaturates g
carbohydrate g
of which
-- sugars g
-- polyols g
| publicatiedatum | 18-02-2009 |
|---|---|
| kenmerk | 6658/09 |
