Advances in Food and Beverage Labelling

Information and Regulations

Paul Berryman

• Publisher: Woodhead Publishing
• Year: 2014
• Print ISBN: 9781782420859
• eBook ISBN: 9781782420934
• Topic: Technology & Engineering
• Subtopic: Marketing
• Index: Marketing

Advances in Food and Beverage Labelling reviews recent advances in labelling research and regulation, covering issues such as nutrition and hazard information, traceability, health claims and standardisation, as well as new labelling technologies and consumer issues. The EU Food Information Regulation will come into force in December 2014 and the book is designed to provide timely and useful information to manufacturers in this area, as well as on a global scale. Part one covers the different types of information that can, or must be present on a food label. Part two looks at recent developments in food labelling technology, regulations and enforcement. - Brings together contributions from industry, trade bodies, government and academia. - Offers timely advice for those concerned with the legal framework for food labelling, with information about the EU Food Information Regulation, as well as the US market. - Reviews issues surrounding nutrition and health claims and GM, ethical and environmental labelling.

Part One

General trends in regulation and enforcement of food labelling

1

The EU food information for consumers regulation

P. Berryman Berryman Food Science Ltd, Cheriton, UK

Abstract

This chapter reviews one of the most important pieces of EU food labelling legislation for over 20 years. EU Regulation No. 1169/2011 overhauls and streamlines all food information for consumers including quantitative ingredient declarations (QUID), allergen labelling, durability indications, country of origin, nutrition information, net quantity, alcoholic strength and the legibility of food labels. The chapter points to UK and EU guidance on the interpretation of the legislation, highlights some of the implementation difficulties for the food industry and suggests possible future trends.

Keywords

Regulation (EU) No. 1169/2011

Food labelling

Food information for consumers

QUID

Allergen labelling

Durability indication

Country of origin

Nutrition information

Net quantity

Alcoholic strength

Legibility of food labels

1.1 Introduction

In 2008, the European Commission's Directorate-General for Consumer and Health issued a proposal to combine two main Directives (Directive 2000/13/EC and Directive 90/496/EEC) into one Framework Regulation 1169/2011 (Official Journal of the European Union, 2011). This followed an evaluation of all EU legislation on food labelling by the European Commission.

The new regulation establishes a legal framework in the EU with regard to information related to foodstuffs provided to consumers by food business operators (FBO) at all stages of the food chain. Its aim is to “serve the interests of the internal market by simplifying the law, ensuring legal certainty and reducing administrative burden, and benefit citizens by requiring clear, comprehensible and legible labelling of foods.” The regulation includes general principles and responsibilities, as well as requirements governing food information. The provisions apply to all foods intended for the final consumer, including foods delivered by mass caterers, and foods intended for supply to mass caterers.

In the UK, EU Regulation 1169/2011 is known as the Food Information Regulation 2013 (Draft Statutory Instrument, 2013) and will replace the Food Labelling Regulations 1996.

The new regulation will help to make food labels clearer and also improve nutritional and allergen information to consumers. Although many provisions will remain unchanged, there are significant changes that FBOs must address.

The changes include:

• mandatory nutrition labelling on pre-packaged food;

• more country of origin labelling;

• improved date marking (including date of first freezing);

• clarity and legibility of food information (including minimum font size);

• labelling of non-pre-packed foods;

• allergen information, including on food sold loose and in restaurants and catering outlets.

It also introduces improvement notices which can be issued by trading standards officers for failure to comply with some sections of the regulations. Failure to comply with the improvement notice is a criminal offence.

The regulation entered into force on 13 December 2011 and states that the provisions do not have to be applied until the following dates:

• 1 January 2014 – For the rules on the composition and labelling of minced meat.

• 13 December 2014 – For the general labelling rules (including allergens), and if provided, a nutrition declaration must use the format set out in regulations.

• 13 December 2016 – For the rules on mandatory nutrition declaration needed for most pre-packed food.

FBOs can choose to comply earlier if they wish, for example when redesigning labels.

In my opinion, the best guidance notes on the implementation of the regulations were produced by Food Drink Europe, the European Trade Body (Food Drink Europe, 2013). As well as giving worked examples, it also incorporates the interpretation given in the EU Questions and Answers Document on Regulation (EU) 1169/2011 available on the EC website. This gives very useful guidance not mentioned in the regulations. For example it clarifies that salt declarations must be calculated from the total sodium × 2.5, even if some of the sodium comes from ingredients other than sodium chloride (e.g. sodium ascorbate or sodium bicarbonate).

The UK Government's Department for Food & Rural Affairs (Defra) has issued a guide to compliance which provides further useful information (Defra, 2012).

1.2 General requirements and responsibilities

Chapter III of the Regulations give an overview of the general principles and requirements governing the provision of food information, including fair information practices and responsibilities of FBOs. The details are given in the regulations but in summary:

The basic requirement is that any food intended for supply to the final consumer or to mass caterers shall be accompanied by food information that is fair:

Information must not be misleading, particularly:

• 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;

• by attributing to the food effects or properties which it does not possess;

• by suggesting that the food possesses special characteristics when in fact all similar foods possess such characteristics, in particular by specifically emphasising the presence or absence of certain ingredients and/or nutrients;

• by suggesting, by means of the appearance, the description or pictorial representations, the presence of a particular food or an ingredient, while in reality a component naturally present or an ingredient normally used in that food has been substituted with a different component or a different ingredient.

Food information shall be accurate, clear and easy to understand for the consumer.

Food information shall not attribute to any food the property of preventing, treating or curing a human disease, nor refer to such properties. (Note: subject to derogations for natural mineral waters and foods for particular nutritional uses.)

Food information includes that given via advertising, presentation (shape, appearance, packaging) and settings, as well as labels.

The regulations make it clear that the FBO is responsible for the presence and accuracy of food information (and any changes they make to food information). The FBO is the operator under whose name, or business name, the food is marketed or, if that operator is not established in the Union, is the importer into the Union market. This also means that restaurant staff need to know about relevant food information, for example if meals contain any allergens.

1.3 Mandatory food information

This section gives a detailed consideration of the mandatory labelling requirements.

1.3.1 Mandatory particulars

FBOs must indicate the following particulars:

• the name of the food;

• the list of ingredients;

• any ingredient or processing aid (listed in Annex II) causing allergies or intolerances;

• the quantity of certain ingredients or categories of ingredients;

• the net quantity of the food;

• the date of minimum durability or the “use by” date;

• any special storage conditions and/or conditions of use;

• the name or business name and address of the FBO (Article 8(1));

• the country of origin or place of provenance where provided for in Article 26;

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

• with respect to beverages containing more than 1.2% by volume of alcohol, the actual alcoholic strength by volume;

• a nutrition declaration.

The above particulars will usually be indicated with words and numbers, but may additionally be expressed by means of pictograms or symbols.

1.3.2 Additional particulars for specific foods

This refers to Annex III, which lists foods for which the labelling must include one or more additional particulars. Examples include packaging gases, sweeteners, confectionery containing glycyrrhizinic acid (licorice), caffeine, phytosterols and frozen meat or fish.

1.3.3 Presentation of mandatory particulars

Mandatory food information must be available and easily accessible for all foods. For pre-packed foods it must be on the package or an attached label. The regulations also indicate that other means of provision of information may be adopted if useful for consumer understanding. In the case of non-pre-packed food, except for allergen labelling, Member States can adopt different measures in certain circumstances (see Article 44).

One of the most controversial changes to the regulations relates to the requirement for a minimum font size for mandatory particulars. Although this is of obvious benefit to consumers who have difficulty reading very small print, it is troublesome for some FBOs. They argue that this requirement leaves very little room on the packaging for advertising information and trade names, etc. Nevertheless, the requirements are quite clear:

• Mandatory food information shall be marked in a conspicuous place in such a way as to be easily visible, clearly legible and, where appropriate, indelible. It shall not in any way be hidden, obscured, detracted from or interrupted by any other written or pictorial matter or any other intervening material.

• The mandatory particulars shall be printed on the package or on the label in such a way as to ensure clear legibility, in characters using a font size where the x-height, as defined in Annex IV, is equal to or greater than 1.2 mm.

• In case of packaging or containers, the largest surface of which has an area of less than 80 cm², the x-height of the font size referred to in Paragraph 2 shall be equal to or greater than 0.9 mm.

• Certain particulars (name of food, net quantity and alcohol by volume) shall appear in the same field of vision (except for tiny packages and some reusable glass bottles, e.g. milk).

1.3.4 Name of the food

If the food has a name prescribed by law, then this must be used, e.g. coffee, chocolate, sugar or jam. If not, then the customary name should be used. This is the name normally accepted by customers (in a given EU Member State) without needing any further explanation, e.g. in UK, Bakewell tart or fish fingers. For all other foods, a descriptive name should be used, e.g. cereal bar.

Annex VI of th...

Table of contents

• Cover image
• Title page
• Table of Contents
• Copyright page
• List of contributors
• Woodhead Publishing Series in Food Science, Technology and Nutrition
• Preface
• Part One: General trends in regulation and enforcement of food labelling
• Part Two: Trends in labelling relating to nutrition and health
• Part Three: Trends in labelling relating to other aspects of food quality
• Index