European Food Information for Consumers Regulation (EU) No 1169/2011

REGULATION (EU) No 1169/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the

European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive

90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council,

Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004

European Food Information for Consumers Regulation (EU) No 1169/2011

• Brings together general food labelling and nutrition labelling into one piece of legislation.• Published in November 2011 – transition to the new labelling began.• Most of the general labelling requirements apply from 13 December 2014, with mandatory

nutrition declarations needed for most prepacked foods from 13 December 2016.

Basic Principles

• High level of protection for consumers’ health & interests

• Assist in the free movement of foodstuffs – EU Internal Market

• Food information should not be misleading and should be provided in a clear, accurate and easy to understand format so the consumer can make ‘informed’ choices

Article 1- Scope• Covers business operators at all stages of

food chain concerning provision of information to consumers:

• Food intended for the final consumer• Foods delivered by mass caterers• Foods intended for supply to mass

caterers• Also applies to catering services provided by

transport leaving from the EU Member States• airline catering

Definition of food information

information concerning a food and made available to the final consumer by means of:

• a label, • other accompanying material,• or any other means including modern

technology tools or verbal communication.

List of mandatory particulars

a. name of the food*

b. list of ingredients

c. ‘allergens’ as listed in Annex II

d. quantity of certain ingredients or category of ingredients

e. net quantity of the food*

f. date of minimum durability or "use by" date

g. any special storage conditions and/or conditions of use

h. name or business name and address of the food business operator

List of mandatory particulars

i. country of origin or place of provenance (where provided for in Article 26)

j. instructions for use where it would be difficult to make appropriate use of the food in the absence of such instructions

k. alcoholic strength by volume for beverages containing more than 1.2 % by volume of alcohol*

l. nutrition declaration

Legibility – minimum font size

• Most frequent consumer complaint: small print on labels

• minimum font size – 1.2 mm (“x-height”)– 0.9 mm largest surface < 80 cm²

• Commission expected to introduce rules - on other aspects - for legibility

Additional mandatory information

Substances causing allergies or intolerances:• No change in the list of 14 substances or products

causing allergies or intolerances (Annex II).• Allergens must be indicated in the list of

ingredients with a clear reference to the name of the substance or product.

• In the absence of a list of ingredients, the presence of any allergens must be indicated by use of the word ‘contains’ followed by the name of the substance.

• The declaration of allergens is not required where the name of the food clearly refers to the substance.


Substances causing allergies or intolerances:– The name of the substance as listed in Annex II

must be emphasised through a typeset that clearly distinguishes it from the rest of the list of ingredients, for example by means of the FONT, style or colour.

e.g.

INGREDIENTS: Wheat flour, water, eggs, vinegar,….

What’s on a label? –prepacked food

EU list of allergens

Requirement 2000/13/EC EU 1169/2011

Clear reference to the allergen Name of the allergen next to the ingredient

X

Highlight allergens in the ingredient list

X

Omission of ingredients list where the name of food refers to allergen

Declare allergen in the absence of an ingredients list

Use of allergy boxes X

Minimum font size (1.2mm) X Allergen information for foods sold non-prepacked

X

Article 44(1) – national measures for non-prepacked foods

• Where foods are offered to sale to the final consumer or to mass caterers without prepackaging, or where foods are packed on the sales premises at the consumer’s request or prepacked for direct sale, the provision of the information about allergenic ingredients is mandatory

Interpreting the provisions for non-prepacked foods

Article 44 – national measures for non-prepacked foods

• Provision of information on Annex II allergens used in foods

• Marked in a conspicuous place, easy visible, clear and legible

• Oral provision also permitted, provided the FBO indicates clearly that such information can be obtained upon request. Any information provided needs to be consistent and verifiable

The allergenic ingredient must be declared.

Can use a contains statemente.g. Timpana–Contains: milk, wheat, eggs, celery.

Consider accessibility of allergen information. Signposting to where information could be found when it is not provided written and upfront.

Information and signposting should be where consumer would expect to find allergen information e.g on menu board, at till or on the menu card.

Non-prepacked food

Food Allergies & IntolerancesBefore you order please speak to one of our staff

if you have a food allergy or intolerance

Communication is key

Accuracy is dependent on correct labelling, updating information, staff and consumers.

Regularly review the ingredients information.

When ingredients or suppliers change, review the accuracy of the information.

Do garnishes or dressings change the allergenic profile?


• Nano – ingredients– All ingredients present in the form of

engineered nanomaterials shall be clearly indicated in the list of ingredients. The names of such ingredients shall be followed by the word "nano" in brackets.


“contains a source of phenylalanine”

if aspartame/aspartame-acesulfame salt is designated in the list of ingredients by its specific name.

“contains aspartame (a source of phenylalanine)”

if aspartame/aspartame- acesulfame salt is designated in the list of ingredients only by the E number.


Beverages with caffeine content > 150 mg/l (other than coffee or tea) must be labelled"High caffeine content. Not recommended for children or pregnant or breast-feeding women" and quote the actual caffeine content in mg per 100ml.

Foods other than beverages, where caffeine is added with a physiological purpose "Contains caffeine. Not recommended for children or pregnant women" and quote the actual caffeine content in mg per 100ml.

Nutrition information

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

Nutritional Declaration

The mandatory nutrition declaration shall include the following:

(a) energy value (in kJ and kcal) and

(b) fat, saturates, carbohydrate, sugars, protein and salt * (expressed in g)

* salt = salt equivalent = sodium × 2,5

Where appropriate, a statement indicating that the salt content is exclusively due to the presence of naturally occurring sodium may appear close to the nutrition declaration.

Current back of pack format

New back of pack format

• The content of the mandatory nutrition declaration may be supplemented with an indication of the amounts of one or more of the following:

– (a) mono-unsaturates;

– (b) polyunsaturates;

– (c) polyols;

– (d) starch;

– (e) fibre;

– (f) vitamins or minerals present in significant amounts.

Exemptions from mandatory nutritional declarations

• Foods listed in Annex V

• Packaging or containers the largest surface of which has an area of less than 25 cm²

• Beverages containing > 1.2 % of alcohol

• Commission will report by Dec 2014 on whether alcoholic beverages should in the future bear a list of ingredients and a nutrition declaration.

Front Of Pack nutrition labelling

Designed to combine ‘Traffic Light’ and Reference Intake information

Mandatory origin declaration

• where failure to indicate this might mislead the consumer as to the true country of origin or place of provenance of the food.

• for meat falling within the Combined Nomenclature (‘CN’) codes (Annex IV) – this means fresh or frozen pork, lamb, goat meat and poultry are now the subject of Commission Implementing Rules.

• Also mandatory for• Virgin olive oils• Honey• Fish• Poultry meat imported from third countries

December 2013 – New implementing rules on the mandatory origin labelling of unprocessed meat from sheep, goats, pigs and poultry.

December 2013 – Commission reported on the economic impacts of extending mandatory origin labelling of all types of meat used as an ingredient in foods.

By December 2014 the Commission must provide reports, based on FIC, on possible extension of mandatory origin labelling to:

- other unprocessed meats not already covered by mandatory origin labelling rules such as horse, rabbit, game meat;- milk; - milk as an ingredient in dairy products; - single ingredient foods; - unprocessed foods; - ingredients representing > 50% of a food.

Quantitative Indications

• When the ingredient– appears in the name of the food or is

usually associated with that name by the consumer;

– is emphasised on the labelling in words, pictures or graphics; or

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

Distance selling

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

• All mandatory information to be available at the moment of delivery

Food Information (Scotland) Regulations 2014

Regulations needed to:

•Enforce the EU rules in Scotland

•Take up derogations and flexibilities available in the EU rules

•Revoke the current food labelling legislation

a) impact on nutrition declarations

b) impact on existing national measures

•Supported by

a) Guidance

b) Business and Regulatory Impact Assessment

c) On line training resource for enforcement officers


Derogations

•National measure for milk or milk products presented in glass bottles intended for reuse – otherwise nutrition information needed.

•Doorstep delivery of milk makes up a small share of the market

•Majority still use returnable glass bottles


Derogations•National measure to introduce a national mark to allow minced meat with a higher proportion of fat and collagen than the compositional requirements in the EU Regulation.For UK Market

SPECIFIC REQUIREMENTS CONCERNING THE DESIGNATION OF ‘MINCED MEAT’

1. Composition criteria checked on the basis of a daily average:

Fat content Collagen/meat protein ratio ( 1 )

Lean minced meat ≤ 7 % ≤ 12 % Minced pure beef ≤ 20 % ≤ 15 %

Minced meat containing pigmeat ≤ 30 % ≤ 18 %

Minced meat of other species ≤ 25 % ≤ 15 %

Labelling statements:

• ‘percentage of fat content under …’,

• ‘collagen/meat protein ratio under …’


National Measures

•Introduce a national measure to retain the requirement to provide Quantitative Indication on the meat content of meat products sold non-prepacked.


National Measures

•Introduce a national measure to require additional mandatory particulars in relation to the name of the food for non-prepacked food. This may include any or all of the mandatory particulars accompanying the name of the food in the EU Regulation.


Other National Measures in the Food Labelling Regulations 1996

•Compositional requirements for traditional cheeses & cream

•Definitions for ‘ice cream’ and ‘dairy ice cream’

•Definitions and terms of use for ‘low alcohol’, ‘alcohol free’,

‘dealcoholised’ and ‘non-alcoholic

•Exemption from ingredients listing for flour ending.

European Food Information for Consumers Regulation

EU Regulation published in OJ Date 22 November 2011

FIC came into force 13 December 2011

Foods voluntarily using new nutrition declaration can be sold (Food Labelling Regs 1996 require amendment)

13 December 2011

General labelling rules apply 13 December 2014

Current legislation (including 2000/13 and 90/496) repealed: 13 December 2014

Foods on the market or labelled prior to 13 December 2014 can be sold until Food stocks are exhausted

Foods bearing a nutrition declaration on a voluntary basis must comply with the requirements of the FIC from:

13 December 2014

Nutrition labelling required for most prepacked foods 13 December 2016

Foods on the market or labelled prior to 13 December 2016, without a nutrition declaration can be sold until

Food stocks are exhausted

Sources of information[

European Commission (FIC Regulation and Commission Q & A)http://ec.europa.eu/food/food/labellingnutrition/foodlabelling/proposed_legislation_en.htm

Nutrition Labelling Guidancehttps://www.gov.uk/government/publications/technical-guidance-on-nutrition-labelling

On line traininghttp://www.food.gov.uk/enforcement/enforcetrainfund/onlinetraining/food-labelling-training-online/

Food allergy / intolerance British Retail Consortium (Guidance on food allergens)http://www.brc.org.uk/downloads/Guidance%20on%20Allergen%20Labelling.pdf

FSA advice

•FSA allergy pages for tools, advice and guidance: http://food.gov.uk/policy-advice/allergyintol/

•Allergy E-learning http://allergytraining.food.gov.uk/

•Consumer advice http://food.gov.uk/multimedia/pdfs/publication/allergy-leaflet.pdf

•EU Food Information for Consumers Regulation http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:304:0018:0063:EN:PDF

Russell NapierStandards and Labelling Team

Regulatory Policy BranchFood Standards Agency in Scotland

[email protected]

European Food Information for Consumers Regulation (EU) No 1169/2011

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