ORDINANCE OF THE MINISTER OF AGRICULTUREAND RURAL DEVELOPMENT (1)

of December 16, 2002

on the labelling of foodstuffs and permitted additives

Pursuant to Article 15 (1) of the Act of December 21, 2000 on the commercial quality of agricultural and food products (The Official Journal of Laws of the Republic of Poland of 2001 No. 5, item 44 and No. 154, item 1802 and of 2002 No. 135, item 1145 and No. 166, item 1360) and Article 24 (5) of the Act of May 11, 2001 on health conditions for food and nutrition (The Official Journal of Laws of the Republic of Poland No. 63, item 634 and No. 128, item 1408 and of 2002, No. 135, item 1145) it is hereby decreed as follows:

Chapter 1General Provisions

Article 1.

1. This Regulation regulates the detailed scope and manner of the labelling of foodstuffs and permitted additives, pre-packaged and without packaging, intended for the ultimate consumer as well as identifies the particulars to be shown on the packaging.

2. Detailed labelling of foodstuffs intended for particular nutritional uses shall be specified by separate provisions issued on the basis of paragraphs 3 and 4 of Article 10 of the Act of May 11, 2001 on health conditions for food and nutrition.

Chapter 2Provisions Relating to Labelling of All Foodstuffs

and Permitted Additives

Article 2.

1. Notwithstanding paragraph 2 below, indication of at least the following particulars shall be compulsory on the labelling of individually packaged foodstuffs:

(1) The Minister of Agriculture and Rural Development manages the activities of the Agricultural Department of the public administration on the basis of Article 1 (1), pt 3 of the Regulation of the Chairman of the Council of Ministers of March 29, 2002 on the detailed scope of responsibilities of the Minister of Agriculture and Rural Development (The Official Journal of Laws of the Republic of Poland of 2002, No. 32, item 305)

1) the name under which the foodstuff is sold;2) the list of ingredients;3) the date of minimum durability or the "use by" date;4) instructions for preparation or use when it would be impossible to make

appropriate use of the foodstuff in the absence of such instructions;5) indication of:

a) producer/manufacturer of the foodstuff; orb) seller of the foodstuff on the domestic market; c) country in which the foodstuff has been produced or manufactured in the

manner affecting the characteristics of the foodstuff when the absence of such information might mislead the consumer about the characteristics of the foodstuff;

6) the net quantity or number of individual items in the packaging;7) storage conditions when the labelling includes the "use by" date and when

the quality of the foodstuff might be significantly affected by the conditions of its storage;

8) identification of the lot to which the foodstuff belongs where lot means a batch of sales units of the foodstuff produced, manufactured or packaged under practically the same conditions;

9) commercial quality class where it is specified by the provisions laying down the detailed conditions for commercial quality of agricultural and food products or their groups or other commercial quality mark, if required under separate regulations.

2. Indication of the following particulars alone shall be allowed on the labelling of individually packaged foodstuffs with the package size not exceeding 10 square centimetres:

1) the name under which the foodstuff is sold;2) the date of minimum durability or the "use by" date;3) the net quantity or number of individual items in the packaging.

3. In the case of foodstuffs in a collective packaging intended for the ultimate consumer indication of the following particulars alone shall be compulsory on the label, band or tag attached to such collective packaging in a durable manner or directly on the packaging, unless the text of the labelling of individual packages can clearly be seen and easily read from the outside:

1) the name under which the foodstuff is sold;2) the date of minimum durability or the "use by" date;

3) the net quantity of the foodstuff in the collective packaging, including the net quantity of the foodstuff in an individual package and the total number of such individual packages placed in the collective packaging where the number of items cannot clearly be seen from the outside;

4) indication of:a) producer/manufacturer of the foodstuff, orb) seller of the foodstuff on the domestic market,c) country in which the foodstuff has been produced or manufactured in the

manner affecting the characteristics of the foodstuff when the absence of such information might mislead the consumer about the characteristics of the foodstuff;

5) identification of the lot referred to in paragraph 1, pt 8;6) commercial quality class where it is specified by the provisions laying down

the detailed conditions for commercial quality of agricultural and food products or their groups or other commercial quality mark, if required under separate regulations.

4. The provision of paragraph 1, pt 2 shall not apply to the following foodstuffs:

1) products comprising a single ingredient, where:a) the trade name of the foodstuff is identical with the ingredient name, orb) the trade name enables the nature of the ingredient to be clearly

identified;2) fresh fruit and vegetables, including potatoes, which have not been peeled,

cut or similarly treated;3) carbonated water, the description of which indicates that it has been

carbonated;4) fermentation vinegars derived exclusively from a single basic product,

provided that no other ingredient has been added;5) cheese, butter, fermented milk and cream, provided that no ingredient has

been added other than lactic products, enzymes and micro-organism cultures essential to manufacture or the salt in the amount needed for the manufacture of cheese other than fresh cheese and processed cheese;

6) beer, wines and alcoholic beverages on the condition that where such products contain permitted additives the labelling shall include the list of such additives.

5. The provisions of paragraph 1, pt 3 and of paragraph 2, pt 2 shall not apply to butter and lard intended for storage in cold stores.

6. The provisions of paragraph 1, pt 3, paragraph 2, pt 2 and of paragraph 3, pt 2 shall not apply to the following foodstuffs:

1) fresh fruit and vegetables, including potatoes, which have not been peeled, cut or similarly treated, with the exception of sprouting seeds and legume sprouts;

2) wines;3) beverages containing 10% or more by volume of alcohol;4) sugar, with the exception of icing;5) vinegar;6) salt, with the exception of iodinated salt;7) chewing gum;8) confectionery products consisting almost solely of flavoured and/or coloured

sugars such as lollipops;9) baker's or pastry cooks' wares which are intended for consumption within 24

hours of their manufacture;10) soft drinks, fruit juices, fruit nectars and alcoholic beverages in individual

containers of more than 5 litres intended for supply to mass caterers;11) individual portions of ice-cream.

Article 3.

1. The following shall be in addition indicated on the labelling of individually packaged foodstuffs:

1) "packed in modify atmosphere" where in the process of packaging of the foodstuff an inert gas has been used to extend the durability of the foodstuff;

2) "contains sweetening substance(s) for the foodstuffs containing one or more sweetening substances;

3) "contains sugar(s) and sweetening substance(s) for the foodstuffs containing both sugar or sugars and one or more sweetening substances;

4) "the source material for phenylalanine" for the foodstuffs containing aspartame;

5) "when consumed in excessive quantity may act as a laxative" for:a) artificial sweeteners containing polyols;b) foodstuffs other than artificial sweeteners with the polyols content

exceeding 10%;6) name of the plant species from which the starch has been obtained where the

labelling of the foodstuff indicates the presence of starch modified by appropriate physical or enzymatic processes and where it may contain gluten.

2. The labelling of an artificial sweetener in an individual package shall in addition contain the following information: "artificial sweetener made

of ......" supplemented with the name of the sweetening substance being the source material for the sweetener.

3. The information referred to in paragraph 1, pt 2 and pt 3 shall be placed in the same field of vision as the name of the foodstuff.

Article 4.

The following additional information may be included in the labelling of foodstuffs:

1) "integrated production" or the abbreviation "IP" (integrated horticultural production) for fruit produced by means of environmentally sound production methods to minimise the adverse effects of the use of plant chemicals and artificial fertilisers where the producer has the documentary proof of the use of said method;

2) "product may be consumed by vegetarians" provided that the foodstuff does not contain any ingredients obtained from dead animals or no substances obtained from dead animals have been used in the manufacturing process;

3) "product may be consumed by vegans" provided that the foodstuff does not contain any animal products and no animal products have been used in the manufacturing process.

Article 5.

1. Notwithstanding paragraphs 3 and 4 of Article 7, the information referred to in Article 2(1), pt 2 shall be specified in the form of the list of ingredients of a foodstuff, including plant and animal protein to be traditionally added during the manufacturing process, hereinafter referred to as the "list of ingredients", designated by their specific name, in descending order of weight.

2. The list of ingredients shall be preceded by a suitable heading which includes the word "ingredients" or "composition".

3. In the case of a compound ingredient of the foodstuff constitutes 25 % or more of the finished product, the list of ingredients shall include the name of such compound ingredient together with all its ingredients in descending order of weight.

4. The following shall not be required to be included in the list of ingredients:

1) 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;

2) permitted additives, other than flavours, whose presence in a given foodstuff is solely due to the fact that they were contained in one or more ingredients of that foodstuff, provided that they serve no technological function in the finished product;

3) substances which are used as processing aids; 4) substances used in the manufacturing process in the quantities strictly

necessary as solvents, including extraction solvents or media for permitted additives or flavouring;

5) water added as an ingredient in a foodstuff:a) where the water is used during the manufacturing process solely for the

reconstitution of an ingredient used in concentrated or dehydrated form;b) in the case of a liquid medium which is not normally consumed;c) where such amount does not exceed 5 % by weight of the finished

product.

5. In the case of the foodstuffs referred to in Article 2(4), pt 5 to which the ingredients other than listed in the quoted provision are added, the former shall be included in the list of ingredients preceded by the words "other ingredients".

Article 6.

1. Permitted additives included in the list of ingredients shall be designated by their specific name or symbol and technological function specified by the provisions of the regulation on permitted additives, processing aids and the conditions under which they may be added. Flavourings shall be designated either by the word "flavouring(s)" or by a more specific name or description of the flavouring.

2. The word "natural" or any other word having substantially the same meaning, also if the name refers to the foodstuff or source materials for flavourings may be used only in the cases specified by the provisions of the regulation on permitted additives, processing aids and the conditions under which they may be added.

3. For permitted additives, including flavourings, that have been genetically modified or have been produced from genetically modified organisms the information referred to in Article 11, paragraphs 3 and 4 of the Act of May 11, 2001 on health conditions for food and nutrition, shall appear in the list of

ingredients, in parentheses, immediately after the indication of the permitted additive in question.

4. The information referred to in the previous paragraph may also appear in a prominently displayed footnote to the list of ingredients. It shall be printed in a font that is at least of the same size as that used for the list of ingredients itself.

5. For specified foodstuffs for which there is no list of ingredients, the information referred to in paragraph 3 shall appear clearly on the foodstuff's label.

6. Quinine or caffeine, used as a flavouring, shall be listed by name in the ingredients. Directly after the word "flavourings" the word "quinine" or "caffeine" shall be added, as appropriate.

7. Where a foodstuff which is intended for consumption without modification contains caffeine, from whatever source, in a proportion in excess of 150 mg/l, the following message must appear on the label in the same field of vision as the name under which the foodstuff is sold: "High caffeine content". This message shall be followed, in brackets, by the caffeine content expressed in mg/100 ml.

8. Paragraph 7 shall not apply to beverages based on coffee, tea or coffee or tea extract where the name under which the product is sold includes the indication that said beverage was based on coffee, tea or coffee or tea extract.

Article 7.

1. Added water constituting an ingredient of the foodstuff and volatile ingredients of such foodstuff shall be listed in descending order of their weight in the list of ingredients of said foodstuff. The amount of water added as an ingredient in a foodstuff shall be calculated by deducting from the total amount of said foodstuff the total amount of the other ingredients used for its production.

2. Ingredients of a foodstuff used in concentrated or dehydrated form and reconstituted at the time of manufacture may be listed in descending order of weight as recorded before their concentration or dehydration.

3. In the case of concentrated or dehydrated foodstuffs which are intended to be reconstituted by the addition of water, the ingredients may be listed in order

of proportion in the reconstituted product provided that the list of ingredients is accompanied by an expression such as "ingredients of the reconstituted product", or "ingredients of the ready-to-use product".

4. In the case of mixtures of fruit, vegetables, herbs or spices where no particular ingredient significantly predominates in proportion by weight, those ingredients may be listed in another order provided that that list of ingredients is accompanied by an expression such as "in variable proportion".

Article 8.

1. In the list of ingredients ingredients may be designated by the name of the category to which they belong; the ingredients which may be designated by the name of the category to which they belong are specified in Annex 1 to this regulation.

2. Where one of the ingredients of a foodstuff is the meat of mammals and fowl, with the exception of mechanically recovered meat, it shall be designated in the list of ingredients by the word "meat" accompanied by the name of the species from which it has been obtained, provided that the fat and adjoining fatty tissues content of the meat does not exceed:

1) in the case of meat of mammals other than rabbits and porcine animals and the meat mixtures with the predominance of the meat of mammals, 25 % of fat and 25 % of adjoining fatty tissues;

2) in the case of the meat of porcine animals, 30 % of fat and 25 % of adjoining fatty tissues;

3) in the case of the meat of fowl and rabbits, 15 % of fat and 10 % of adjoining fatty tissues.

3. Where the maximum limit of fat and adjoining fatty tissues content referred to in the previous paragraph are exceeded, the word "meat" shall be accompanied by information on fax and adjoining fatty tissues content.

4. The adjoining fatty tissues content referred to in paragraph 2 shall be expressed by the collagen to meat protein ratio, whereas the collagen content shall be expressed by hydroxyproline content multiplied by 8.

5. Where one of the ingredients of a foodstuff is mechanically recovered meat, it shall be designated in the list of ingredients by the words "mechanically recovered meat" accompanied by the name of the species from which it has been obtained.

6. Where one of the ingredients of a foodstuff is a part of an animal or fowl body other than meat, it shall be designated in the list of ingredients by its name accompanied by the name of the species from which it has been obtained.

Article 9.

1. The quantity of an ingredient or category of ingredients of a pre-packaged foodstuff in individual packaging shall be stated:

1) where the ingredient or category of ingredients concerned appears in the name under which the foodstuff is sold or is usually associated with that name by the consumer;

2) where the ingredient or category of ingredients concerned is emphasised on the labelling in words, pictures or graphics;

3) where the ingredient or category of ingredients concerned is essential to characterise a foodstuff and to distinguish it from foodstuffs with which it might be confused because of its name or appearance.

2. The provision of the previous paragraph shall not apply to:

1) an ingredient or category of ingredients of a foodstuff where the drained net weight or total net weight of such ingredient or category of ingredient is indicated on the labelling;

2) an ingredient or category of ingredients which is used for the purposes of flavouring in small quantities not exceeding 2 % of the total weight of the foodstuff;

3) an ingredient or category of ingredients which, while appearing in the name under which the foodstuff is sold, is not such as to govern the choice of the consumer because the variation in quantity is not essential to characterise the foodstuff or does not distinguish it from similar foodstuffs;

4) in the mixtures of fruit, vegetables, nuts, spices or herbs where none of the ingredients significantly predominates in proportion by weight;

5) sweetening substances and sugar where the labelling of a foodstuff includes the information referred to in Article 3(1), pt 2 or pt 3;

6) vitamins and minerals where information on their content is included on the nutrition labelling.

Article 10.

1. The quantity of an ingredient or category of ingredients shall appear either in or immediately next to the name under which the foodstuff is sold or in the list of ingredients in connection with the ingredient or category of ingredients in question.

2. Notwithstanding paragraphs 3 and 4, the quantity of an ingredient or category of ingredients expressed as a percentage, shall correspond to the quantity of the ingredient or ingredients at the time of its/their use in the manufacturing process.

3. Where the quantity of an ingredient or the total of all ingredients used in the manufacturing of a finished products exceeds 100 %, the quantity of such ingredient shall be stated by giving the quantity of said ingredient used in manufacture of 100 g of the finished product.

4. The quantity of volatile ingredients shall be expressed as a percentage in the finished product.

5. The method of calculation of the quantity of an ingredient or category of ingredient in the finished product shall be specified in Annex 2 to this regulation.

Article 11.

1. The date of minimum durability of a foodstuff shall be indicated by the date stating the day, month and year in chronological form. However, in the case of foodstuffs:

1) which will not keep for more than three months, an indication of the day and the month will suffice;

2) which will keep for more than three months but not more than 18 months, an indication of the month and year will suffice;

3) which will keep for more than 18 months, an indication of the year will suffice.

2. The date of minimum durability shall be preceded by the words: "Best before ..." when the date includes an indication of the day, or the words: "Best before end ..." in other cases.

3. The "use by" date shall consist of the day, the month and, possibly, the year, in that order.

4. Where for technical reasons it is not possible to put the date of minimum durability or "use by" date after the words referring to said date, after such words a reference to where the date is given on the packaging, labelling, band or tag attached to such packaging in a durable manner shall be provided.

5. On the labelling of individually packaged butter intended for storage in a cold store, the production date shall be provided by an indication of the day, month and year, in that order, accompanied by the information "cold store butter".

6. On the labelling of individually packaged lard intended for storage in a cold store, the production date shall be provided by an indication of the day, month and year, in that order, accompanied by the information "cold store lard".

7. The date of minimum durability of the foodstuffs referred to in paragraphs 5 and 6 shall be indicated in the place where said foodstuffs are sold in a conspicuous place in such a way as to be easily visible to the customer.

Article 12.

In the case of a foodstuff in a glass bottle intended for reuse which is indelibly marked with the name and net volume and on which no label, band or tag can be attached in a durable manner, only the date of minimum durability or "use by" date may be given.

Article 13.

1. The net quantity of a pre-packaged foodstuff in individual packaging shall be expressed:

1) in units of volume in the case of liquids;2) in units of mass in the case of products other than specified in pt 1.

2. It shall not be compulsory to indicate the net quantity in the case of pre-packaged foodstuffs:

1) where the total number of individual unpackaged items such as: eggs, fruit or vegetables can be clearly seen and easily counted from the outside or indicated on the package;

2) the net quantity of which is less than 5 g or 5 ml, with the exception of spices and herbs.

3. Where a pre-packaged foodstuff consists of two or more individually pre-packaged items containing the same quantity of the same product, 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.

4. Where a solid foodstuff is presented in a liquid medium such as: 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, the drained net weight of the foodstuff shall also be indicated on the labelling, if the liquid is merely an adjunct to the essential elements of that preparation and is thus not a decisive factor for the purchase.

Article 14.

1. The information referred to in Article 2(1), pt 5, letter a and letter b and in Article 2(3), pt 4, letter a and letter b shall include the name or business name, including the legal form, and in the case of a natural person, the name and surname and the firm under which such person is carrying out business activity and his/her address.

2. The information referred to in Article 2(1), points 1, 3 and 6, as well as the actual alcoholic strength by volume shall be placed on the labelling of the foodstuff in the same field of vision as its name.

Article 15.

The information referred to in Article 2(1), pt 7 shall be placed next to the "use by" date or the date of minimum durability of a foodstuff.

Article 16.

1. The information referred to in Article 2(1), pt 8 shall be given by means of identification code to be determined by the producer, manufacturer or seller of a foodstuff and shall allow for identification of the foodstuff as coming from a particular lot.

2. Where such identification code cannot be clearly distinguishable from the other indications on the label, it should be preceded by the letter "L".

3. The information referred to in Article 2(1), pt 8 need not appear:

1) on the foodstuff when the date of minimum durability or 'use by' date appears on the label and consists of the day and the month, provided that such indication is enough to identify the lot;

2) on agricultural products in unprocessed form intended for immediate processing.

4. In the case of individual portions of ice-cream the identification code of the lot shall be placed only on the labelling of a collective package.

Article 17.

1. The information on the nutrition value of a foodstuff referred to in Article 24(1), pt 1 of the Act of 11 May 2001 on health conditions for food and nutrition shall include:

1) energy value, the amounts of protein, fat (including phospholipids), carbohydrates (which are metabolised in man) or

2) the information referred to in pt 1 above and the content of:a) all monosaccharides and disaccharides present in food, except polyols; b) fibre;c) saturates (fatty acids without double bond; andd) sodium.

2. Where a nutrition claim is made for:

1) sugars,2) fibre, or 3) saturates, or 4) sodium,

the information on the nutrition value shall be given in accordance with paragraph 1, pt 3.

3. Nutrition labelling may also include the amounts of:

1) starch;2) polyols;3) mono-unsaturates;4) polyunsaturates;

5) cholesterol;6) vitamins and minerals, where their content per 100 g or 100 ml of a foodstuff

is at least 15 % of the recommended daily allowance; the list of vitamins and minerals to be included on the nutrition labelling of a foodstuff together with their recommended daily allowance shall be specified in Annex 3 to this regulation.

4. Where the amount of sugars, polyols or starch is declared, this declaration shall immediately follow the declaration of total carbohydrate in the following manner: carbohydrate, of which:

1) sugars;2) polyols;3) starch.

5. Where the amount of fatty acid or the cholesterol rate is declared, this declaration shall immediately follow the declaration of total fats in the following manner: fat of which:

1) saturates;2) mono-unsaturates;3) polyunsaturates;4) cholesterol.

6. The energy value of a foodstuff to be placed on its labelling shall be specified in kJ and kcal and shall be calculated using the following conversion factors:

1) 17 kJ/g and 4 kcal/g - for carbohydrates (which are metabolised in man);2) 17 kJ/g and 4 kcal/g - for protein;3) 37 kJ/g and 9 kcal/g - for fat;4) 29 kJ/g and 7 kcal/g - for ethanol;5) 13 kJ/g and 3 kcal/g - for organic acid;6) 10 kJ/g and 2.4 kcal/g - for polyols.

7. The information on nutrients content of a foodstuff shall be given by means of the following units of mass:

1) protein - grams (g);2) carbohydrate (which are metabolised in man) - grams (g);3) fat - grams (g);4) fibre - grams (g);

5) sodium - grams (g);6) starch - - grams (g);7) cholesterol - milligrams (mg).8) vitamins and minerals in the units specified in the Annex 3 to this regulation

and in the percentage of the recommended daily allowance;9) polyols - in grams (g).

8. The energy value and of the proportion of nutrients shall be expressed per:

1) per 100 ml in the case of liquids;2) per 100 g in the case of other foodstuffs.

9. The information refereed to in the previous paragraph may be given per serving as quantified on the label or per portion, provided that the number of portions contained in the package is stated.

10. The declared nutrition values of a foodstuff shall be average values based on the manufacturer's analysis of the food or a calculation from the known or actual average values of the ingredients used and from generally established and accepted data.

11. The declared nutrition values of a foodstuff shall be those of the foodstuff as sold.

12. Where appropriate, this information may relate to the foodstuff after preparation, provided that sufficiently detailed preparation instructions are given and the information relates to the food as prepared for consumption.

13. All information on nutrition values of a foodstuff must be presented together in the same field of vision and, possibly, in tabular form.

Article 18.

1. In the place where an unpackaged foodstuff is sold the following information should be included on the labelling of such foodstuff, apart from its name:

1) for foodstuffs which contain meat and poultrymeat:a) ingredients;b) commercial quality class where it is specified by the provisions laying

down the detailed conditions for commercial quality of agricultural and

food products or their groups or other commercial quality mark, if required under separate regulations;

2) for fresh vegetables, including potato, and fruit:a) name of the variety;

b) indication of the seller of the foodstuff on the domestic market, including the name or business name, legal form, and in the case of a natural person, the name and surname and the firm under which such person is carrying out business activity and his/her address;

c) commercial quality class where it is specified by the provisions laying down the detailed conditions for commercial quality of agricultural and food products or their groups;

3) for foodstuffs other than referred to in points 1 and 2, commercial quality class where it is specified by the provisions laying down the detailed conditions for commercial quality of agricultural and food products or their groups or other commercial quality mark, if required under separate regulations.

2. The provision of the previous paragraph shall apply to shipping documents accordingly.

3. In the case of a pre-packaged foodstuff without individual packages placed in a collective package the identification number of the lot shall be affixed to said collective packaging or, if the latter is missing, to the document accompanying such foodstuff.

Article 19.

1. The following shall be indicated on the labelling of permitted additives, with the exception of flavourings, which are marketed separately or mixed with one another:

1) the name and the number of a permitted additive as specified by the provisions on permitted additives, processing aids and conditions of their use and in case said provisions do not contain such data, the description of the substance in the manner allowing for distinguishing it from other similar substances;

2) immediately next to the name referred to in point 1 above, the list of ingredients of the permitted additive facilitating storage, sale, standardisation, dilution or dissolution of the additive or mixture of permitted additives, in descending order of weight;

3) indication of the manufacturer, packager or seller of the permitted additive, including the name or business name, legal form, and in the case of a natural person, the name and surname and the firm under which such person is carrying out business activity and his/her address;

4) information referred to in Article 2(1), points 1, 4 and 6 to 8.

2. The following shall be indicated on the labelling of flavourings:

1) the word "flavouring(s)" or a more specific name or description of the flavouring;

2) immediately next to the information referred to in point 1 above, the ingredients of the flavouring or their numbers as specified by the provisions on permitted additives, processing aids and conditions of their use, in descending order of weight;

3) indication of the manufacturer, packager or seller of the permitted additive, including the name or business name, legal form, and in the case of a natural person, the name and surname and the firm under which such person is carrying out business activity and his/her address;

4) information referred to in Article 2(1), points 1, 4 and 6 to 8.

3. To the labelling of permitted additives, including flavourings, the provisions of Article 6, paragraphs 2 to 8 and the provisions of Articles 11, 13, 15 and 16 shall apply accordingly.

4. The labelling of permitted additives, including flavourings, shall include in addition the following wording: "for use in food" or "for restricted use in food" or more detailed description of the use in food, depending on the destination of said substances.

Chapter 3Specific Provisions Applicable to Labelling

of Particular Types of Products

Article 20.

1. The labelling of pre-packaged milk and milk-based products in individual packaging shall in addition include information about fax content expressed as a percentage by weight or volume.

2. The provision of the previous paragraph shall apply also to pre-packaged milk and milk-based products in collective packaging, unless the text of the labelling of individual packages can easily read from the outside.

3. Milk and milk-based products which do not contain permitted additives and are put up in glass bottles intended for reuse may be marked on the cap by indication of the name of the foodstuff, the name of its manufacturer, fat content and, in the case of foodstuffs with the "use by" date not exceeding 7 days, also the "use by" date expressed in numerals or by the name of the day of the week.

Article 21.

1. On the labelling of raw milk intended for direct consumption the following information shall be placed: "raw milk intended for direct consumption".

2. On the labelling of milk-based products made with raw milk whose manufacturing process does not involve any heat treatment or which has not undergone thermization the following information shall be placed: "made with raw milk".

3. In the case of milk-based products other than referred to in the previous paragraph, their labelling shall include the information about the type of heat treatment applied towards the end of the manufacturing process.

Article 22.

1. For pre-packaged sugar, dextrose (D-glucose), fructose, sugar syrup and glucose syrup, dried glucose syrup and sugar solution in unit package weighing less than 20 g, the net weight need not be indicated on the labelling.

2. On the labelling of sugar solution, invert sugar solution and invert sugar syrup shall indicate the dry matter and invert sugar content of sugar solution, invert sugar solution and invert sugar syrup.

3. The labelling of pre-packaged invert sugar syrup incorporating crystals in the solution in unit packages shall include the qualifying term "crystallised".

4. The unit packages of glucose syrup and dried glucose syrup containing fructose in proportions greater than 5 % on a dry matter basis shall be labelled as "glucose-fructose syrup" or "fructose-glucose syrup" and "dried glucose-fructose syrup" or "dried fructose-glucose syrup", respectively, to reflect whether the glucose component or the fructose component is in greater proportion.

Article 23.

1. Notwithstanding paragraph 2, alcoholic beverages in glass bottles of 0.05 l and 0.1 l may be labelled in the same manned as the individual containers referred to in Article 2(2).

2. On the labelling of alcoholic beverages in individual containers containing more than 1.2 % by volume of alcohol the actual alcoholic strength by volume shall be given as determined at 20 oC in a percentage by volume. The rules concerning indication of said information shall be laid down in Annex 4 to this regulation.

3. The provision of the previous paragraph shall apply to alcoholic beverages in collective packaging containing more than 1.2 % by volume of alcohol, unless the text of the labelling of individual containers can easily read from the outside.

Article 24.

1. The labelling of pre-packaged quick-frozen foodstuffs in unit packages shall include in addition the following information:

1) "quick-frozen product";2) the period during which they may be stored by the purchaser and the storage

temperature or type of storage equipment required;3) a message of the type "do not refreeze after defrosting".

2. On the labelling of pre-packaged quick-frozen foodstuffs in collective packaging the information referred to in Article 2(3), pt 1 and points 3 to 5 shall be given.

Article 25.

1. Where chocolate products such as chocolate, milk chocolate, family milk chocolate, white chocolate, filled chocolate and pralines are sold in assortments, in individual packages, the names of individual products may be replaced by such terms as "assorted chocolates" or "assorted filled chocolates" or similar names. In that case, there may be a single list of ingredients for all the products in the assortment.

2. The labelling of powdered chocolate, drinking chocolate, sweetened cocoa, milk chocolate, family milk chocolate, chocolate a la taza and chocolate

familiar a la taza is supplemented by a statement: "cocoa solids:... % minimum" indicating the total dry cocoa solids content.

3. The labelling of fat-reduced cocoa, fat-reduced cocoa powder and drinking chocolate, sweetened cocoa, sweetened cocoa powder shall include the cocoa butter fat content and the term "fat-reduced", where applicable.

4. The labelling of chocolate products which contain vegetable fats other than cocoa butter is supplemented by a statement: "contains vegetable fats in addition to cocoa butter".

5. The statement referred to in the previous paragraph shall be in the same field of vision as the list of ingredients, clearly separated from that list, in lettering at least as large and in bold with the trade name nearby.

6. The trade names "chocolate", "milk chocolate" and "couverture chocolate" may be supplemented by information or descriptions relating to quality criteria provided that the products contain:

1) in the case of chocolate, not less than 43 % total dry cocoa solids, including

not less than 26 % cocoa butter;2) in the case of milk chocolate, not less than 30 % total dry cocoa solids and

not less than 18 % dry milk solids obtained by partly or wholly dehydrating whole milk, semi- or full-skimmed milk, cream, or from partly or wholly dehydrated cream, butter or milk fat, including not less than 4,5 % milk fat;

3) in the case of couverture chocolate, not less than 16 % of dry non-fat cocoa solids.

Article 26.

1. Where fruit jam, jelly, marmalade from citrus fruit, sweetened chestnut purée, extra jam, extra plum jam and extra marmalade are sold in individual packages, the names of product names shall be supplemented by an indication of the fruit or fruits used, in descending order of weight of the raw materials used. However, for products manufactured from three or more fruits, the indication of the fruits used may be replaced by the words "mixed fruit" or a similar wording, or by the number of fruits used.

2. The labelling of the foodstuffs referred to in the previous paragraph shall also indicate:

1) the fruit content of the finished product, after deduction of the weight of water used in preparing the aqueous extracts, by including the words "prepared with ... g of fruit per 100 g of the product";

2) the total sugar content determined by refractometer at 20 °C for the finished product, subject to a tolerance of ± 3 refractometric degrees by the words "total sugar content ... g per 100 g of the products";

3) the residual content of sulphur dioxide on the list of ingredients if more than 10 mg per 1 kg of the foodstuff.

3. The information referred to in point 2 of the previous paragraph shall not be needed, where a nutrition claim is made for sugars on the labelling of the foodstuff.

4. The particulars referred to in points 2 and 3 shall appear in the same visual field as the name of the foodstuff.

5. The labelling of jam and jelly in individual packaging may include a statement "reduced sugar content", where the total sugar content is:

1) in the case of jam, not less than 28 g and not more than 50 g per 100 g of the product;

2) in the case of jelly, 30 g 2 g per 100 g of the product;3) in the case of extra jam, not more than 45 g per 100 g of the product.

Article 27.

1. The product names placed on individual packaging of fruit juice or fruit nectar manufactured from two or more fruits, except where lemon juice is used in the manufacturing of fruit nectar from apples, pears and peaches or a mixture of said fruit, shall be supplemented by a list of the fruit used, in descending order of the volume of the fruit juices or purées included. However, in the case of products manufactured from three or more fruits, the indication of the fruits used may be replaced by the words "several fruits" or a similar wording, or by the number of fruits used.

2. For fruit juices which have been sweetened the name of the foodstuff in individual packaging shall include the word "sweetened" or "with added sugar", followed by an indication of the maximum quantity of sugar added, calculated as dry matter and expressed in grams per 1 litre.

3. The provision of the previous paragraph shall not apply to fruit juice to which sugar is added for regulating acid taste.

4. In the case of fruit juice from concentrate, mixtures of fruit juice and fruit juice from concentrate and for fruit nectar obtained entirely or partly from one or more concentrated products, the labelling of the product in individual packaging shall bear the words "made with concentrate(s)" or "partially made with concentrate(s)" or other relevant information, depending on the concentrate(s) used. Those words shall be entered close to the product name, standing out well from any background, in clearly visible characters.

5. For fruit nectars in individual packaging, the labelling shall indicate the minimum content of fruit juice, fruit purée or any mixture of those ingredients, by the declaration "fruit content: ... % minimum" located in the same field of vision as the name of the foodstuff.

6. For fruit juices and nectars in individual packaging related with the country of origin by their traditional manufacturing process or the use of specific raw materials the following designations may be used:

1) "vruchtendrank", for fruit nectars;2) "Süßmost" in conjunction with the product names "Fruchtsaft" or

"Fruchtnektar", for fruit nectar obtained exclusively from fruit juices, concentrated fruit juices or a mixture of these products, unpalatable in the natural state because of their high natural acidity or for fruit juice obtained from pears, with the addition of apples where appropriate, but with no added sugar;

3) "succo e polpa" or "sumo e polpa", for fruit nectars obtained exclusively from fruit puree and/or concentrated fruit puree;

4) "æblemost", for apple juice with no added sugar; 5) "sur ... saft", together with the name (in Danish) of the fruit used, for juices

with no added sugar obtained from blackcurrants, cherries, redcurrants, whitecurrants, raspberries, strawberries or elderberries;

6) "sØd ... saft" or "sØdet ... saft" together with the name (in Danish) of the fruit used, for juices obtained from this fruit, with more than 200 g of added sugar per litre;

7) "äpplemust", for apple juice with no added sugar; 8) "mosto", synonym of grape juice;9) "concentrated apple juice with high natural acidity", for concentrated apple

juice with total acidity not lower than 2.5 % where determined by refractometer for a 65 % extract.

Article 28.

1. On the labelling of an individual packaging of a liquid coffee extract the name "liquid coffee extract" may be supplemented by the term "concentrated", provided that the coffee-based dry matter content is more than 25 % by weight.

2. On the labelling of an individual packaging of a liquid chicory extract the name "liquid chicory extract" may be supplemented by the term "concentrated", provided that the chicory-based dry matter content is more than 45 % by weight.

3. The labelling of an individual packaging of coffee extract in powdered form, coffee extract in paste form and coffee extract in liquid form shall include the term 'decaffeinated`, provided that the anhydrous caffeine content does not exceed 0,3 % by weight of the coffee-based dry matter. This information must be within the same field of vision as the sales description of the foodstuff.

4. On the labelling of an individual packaging of a liquid coffee extract or liquid chicory extract, within the same field of vision as the sales description the indication of the types of sugars used shall be placed reading as follows: "with ...", "preserved with . . .", "with added . . ." or "roasted with . . .".

5. The labelling of an individual packaging of coffee extract in liquid form and in paste form must indicate the minimum coffee-based dry matter content expressed as a percentage by weight of the finished product.

6. The labelling of an individual packaging of chicory extract in liquid form and in paste form must indicate the minimum chicory-based dry matter content expressed as a percentage by weight of the finished product.

Article 29.

1. The name "butter" shall be used solely for the labelling of:

1) products in the form of a solid, malleable emulsion, of the water-in-oil type, derived exclusively from milk and/or certain milk products with a milk-fat content of not less than 80 % but not more than 90 %, a maximum water content of 16 % and a maximum dry non-fat milk-material content of 2 % for which other substances added for their manufacture do not replace any milk constituents;

2) compound products derived basically from milk and/or certain milk products, with a milk-fat content of not less than 75 %, made of the butter referred to in point 1 above and other substances none of which replacing any milk constituents.

2. The name "butter product" shall be used solely for the labelling of compound products derived basically from milk and/or certain milk products, with a milk-fat content of less than 75 % but not less than 62 %, made of the butter referred to in paragraph 1, pt 1 and other substances none of which replacing any milk constituents.

3. The name "table butter" shall be used solely for the labelling of a product obtained from cream or sour cream, with a milk-fat content of less than 73.5 % and a maximum water content of 24 %.

4. The name "three-quarter-fat butter" shall be used solely for the labelling of products in the form of a solid, malleable emulsion, of the water-in-oil type, with a milk-fat content of not less than 60 % but not more than 62 %, for which other substances added for their manufacture do not replace any milk constituents.

5. The name "half-fat butter" shall be used solely for the labelling of products in the form of a solid, malleable emulsion, of the water-in-oil type, with a milk-fat content of not less than 39 % but not more than 41 %, for which other substances added for their manufacture do not replace any milk constituents.

6. The name "dairy spreads x %" shall be used solely for the labelling of products in the form of a solid, malleable emulsion, of the water-in-oil type, for which other substances added for their manufacture do not replace any milk constituents and with a following milk-fat content:

1) less than 39 %;2) more than 41 % but less than 60 %;3) more than 62 % but less than 80 %;

- where "x %" shall mean a percentage of milk fat in the product.

7. The name "margarine" shall be used solely for the labelling of products in the form of a solid, malleable emulsion, principally of the water-in-oil type, with a vegetable and/or animal fat content of not less than 80 % and with a milk-fat content of not more than 3 % of the total fat content.

8. The name "three-quarter-fat margarine" shall be used solely for the labelling of products in the form of a solid, malleable emulsion, principally of the water-in-oil type, with a vegetable and/or animal fat content of not less than 60 % and not more than 62 % and with a milk-fat content of not more than 3 % of the total fat content.

9. The name "half-fat margarine" shall be used solely for the labelling of products in the form of a solid, malleable emulsion, of the water-in-oil type, with a vegetable and/or animal fat content of not less than 39 % but not more than 41 % and with a milk-fat content of not more than 3 % of the total fat content.

10.The name "fat spreads x %" shall be used solely for the labelling of products in the form of a solid, malleable emulsion, of the water-in-oil type, with a following vegetable and/or animal fat content:

1) less than 39 %;2) more than 41 % but less than 60 %;3) more than 62 % but less than 80 %;

- with a milk-fat content of not more than 3 % of the total fat content and where "x %" shall mean a percentage of fat in the product.

11.The name "fat blend" shall be used solely for the labelling of products in the form of a solid, malleable emulsion, of the water-in-oil type, with a vegetable and/or animal fat content of not less than 80 % and with a milk-fat content from 10 to 80 % of the total fat content.

12.The name "three-quarter-fat blend" shall be used solely for the labelling of products in the form of a solid, malleable emulsion, of the water-in-oil type, with a vegetable and/or animal fat content of not less than 60 % and not more than 62 % and with a milk-fat content from 10 to 80 % of the total fat content.

13.The name "half-fat blend" shall be used solely for the labelling of products in the form of a solid, malleable emulsion, of the water-in-oil type, with a vegetable and/or animal fat content of not less than 39 % but not more than 41 % and with a milk-fat content from 10 to 80 % of the total fat content.

14.The name "blended spread x %" shall be used solely for the labelling of products in the form of a solid, malleable emulsion, of the water-in-oil type, with a following vegetable and/or animal fat content:

1) less than 39 %;2) more than 41 % but less than 60 %;3) more than 62 % but less than 80 %;

- with a milk-fat content from 10 to 80 % of the total fat content and where "x %" shall mean a percentage of fat in the product.

Article 30.

1. The labelling of the foodstuffs referred to in Article 29 shall in addition include the indication of:

1) the total percentage fat content; 2) the vegetable, milk or other animal fat content in decreasing order of

weighted importance as a percentage by total weight for the products referred to in Article 29 (1), pt 1, Article 29 (2) and Article 29 (11) to (14);

3) the percentage salt content to be put in the list of ingredients.

2. The products which meet the requirements specified in Article 29 (9) may be labelled as "minarine" or "halvarine".

3. The labelling of the products referred to in Article 29 may be supplemented by the name of the plant and/or animal species from which the products originate as well as the description of the production methods with a tolerance of 2 % of the fat content for the fats designated on the labelling.

4. The term 'vegetable' may be used for the products referred to in Article 29(7) to (10), provided that the product contains only fat of vegetable origin with a tolerance of 2 % of the fat content for animal fats.

5. The term "reduced-fat" may be used for the labelling of the products referred to in Article 29 with a fat content of more than 41 % but not more than 62 %.

6. The terms "low-fat" or "light" may be used for the products referred to in Article 29 with a fat content of 41 % or less.

7. The term "reduced-fat" and the terms "low-fat" or "light" may, however, replace respectively the terms "three-quarter-fat" or "half-fat" referred to in Article 29, paragraphs 4, 5, 8, 9, 12 and 13.

Article 31.

The following information shall be displayed in the place where baker's wares are sold:

1) indication of the manufacturer including the name or business name, together with the legal form, and in the case of a natural person, the name and surname and the firm under which such person is carrying out business activity and his/her address;

2) type of baker's wares;3) unit weight;4) a message of the type "made of quick-frozen dough" where such dough is

used for the manufacture of the product;5) list of ingredients and the date of minimum durability in the case of the

products for which permitted additives to extend their durability have been used.

2. The information referred to in the previous paragraph shall not be needed to be displayed in the place where baker's wares are sold, where it is placed on the labelling of individual packaging of the products.

Chapter 4Transitional and Final Provisions

Article 32

Trade in pre-packaged foodstuffs and permitted additives in individual packaging labelled in accordance with the existing regulations shall be permitted until stocks of such packaging are exhausted, however not longer than by January 1, 2005.

Article 33

1. The provision of Article 18 (1) shall apply from May 1, 2003.

2. The provision of Article 8 (2) shall apply from the day on which the Republic of Poland becomes a member of the European Union, with the stipulation that trade in foodstuffs to which that provision applies manufactured before that date shall be permitted until stocks are exhausted.

3. The provisions of Article 6 (4) to (6) and of Article 29 and Article 30 shall lose their binding force upon the day on which the Republic of Poland becomes a member of the European Union.

Article 34

The regulation shall come into force on January 1, 2003.(2)

MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

In consultation with:MINISTER OF HEALTH

(2) This regulation was preceded by the regulation of the Minister of Agriculture and Food Economy of July 15, 1994 on the labelling of foodstuffs, stimulants and permitted additives admitted to trade (The Official Journal of Laws of the Republic of Poland, No. 86, item 402, of 1995 No. 92, item 461 and of 1999 No. 22, item 204) which shall lose its binding force on December 31, 2002 pursuant to Article 59 of the Act of May 11, 2001 on the health conditions for food and nutrition (The Official Journal of Laws of the Republic of Poland, No. 63, item 634 and No. 128, item 1408 and of 2002 No. 135, item 1145)

Annexes to the Regulation of the Minister of Agriculture and Rural Development of ................, 2002 (item ......)

Annex 1

INGREDIENTS WHICH MAY BE DESIGNATED IN LIST OF INGREDIENTS BY NAME OF CATEGORY

TO WHICH THEY BELONG

L. INGREDIENT NAME OF CATEGORY1. Refined oil with the exception

of olive oil"oil" preceded by:- the word "plant" or "animal", as

appropriate; or- the indication of actual plant or animal

origin.Where the term "hydrogenated" is used, please specify the type of hydrogenated oil

2. Refined fats "Fat" preceded by:- the word "plant" or "animal", as

appropriate; or- the indication of actual plant or animal

origin.Where the term "hydrogenated" is used, please specify the type of hydrogenated oil

3. Blend of flour obtained from two or more types of cereal

"Flour" following by the list of cereals it has been obtained from, in the descending order of weight

4. Starch and starch modified by appropriate physical and enzymatic processes

"Starch" supplemented by the name of the plant species it has been obtained from, where it may contain gluten

5. All fish species in the case where a fish is an ingredient of another product and on the condition that the labelling and presentation of said foodstuff do not refer to a specific species

"Fish"

6. All types of cheese in the case where cheese is an ingredient of another product whose labelling and presentation do not refer to a specific type of cheese

"Cheese"

7. All spices in quantities not exceeding 2 % of the total weight of the product

"Spice(s)" or "mixture of spices"

8. All herbs or herb mixtures in quantities not exceeding 2 % of the total weight of the product

"Herb (s)" or "mixture of herbs"

9. All ingredients used for the manufacture of chewing gum base

"chewing gum base"

10. All types of baker's ware in small pieces

"Bread crumbs" or "Crackers"

11. All types of saccharose "Sugar"12. Dextrose, anhydrous or

monohydrate"Grape sugar" or "glucose'

13. Glucose syrup or anhydrous glucose syrup

"Glucose syrup"

14. All lactoproteins (caseins, caseinates) and their mixtures

"Lactoproteins"

15. Extracted, pressed or refined cocoa butter

"Cocoa butter"

16. All candied fruit in quantities not exceeding 10 % of the total weight of the product

"Candied fruit"

17. Mixtures of vegetables in quantities not exceeding 10 % of the total weight of the product

"Vegetables"

18. All types of vine, unless the trade name includes the indication of the type of vine or it is indicated in other way

"Vine"

Annex 2

METHOD OF CALCULATION OF QUANTITY OF INGREDIENTS IN FINISHED PRODUCT

Notwithstanding paragraph 2 below, the quantity of an ingredient in the finished product shall be expressed as the ratio of the weight of the ingredient to the total weight of all ingredients of said product, with the exception of added water and volatile products which will evaporate in the manufacturing process, using the following formula: ms

a percentage of ingredient = ---------- x 100 % mo

where:ms - ingredient weight [kg]mo - total weight of all ingredients [kg]

The quantity of a fruit ingredient in such products as fruit juices, nectars and beverages, including the added water as an ingredient of said products shall be expressed as the ratio of the weight of the fruit or vegetable juice or fruit or vegetable purée in the product to the total weight of the finished product, using the following formula: ms

a percentage of fruit or vegetable ingredient = ---------- x 100 % mg

where:ms - fruit or vegetable juice or fruit or vegetable purée weight in the product [kg]mg - total weight of the finished product [kg]

The figure for percentage shall be given to not more than one decimal place and may be rounded to 0.5.

Annex 3

LIST OF VITAMINS AND MINERALS TO BE INCLUDED ON THE NUTRITION LABELLING OF A FOODSTUFF TOGETHER WITH THEIR RECOMMENDED DAILY ALLOWANCE

VITAMINS AND MINERALS RECOMMENDED DAILY ALLOWANCEVitamin A 800 μgVitamin D 5 μgVitamin E 10 mgVitamin C 60 mgThiamine 1.4 mgRiboflavin 1.6 mgNiacin 18 mg Vitamin B6 2 mgFolacin 200 μgVitamin B12 1 μgBiotin 0.15 mgPantothenic acid 6 mgCalcium 800 mgPhosphorus 800 mgIron 14 mgMagnesium 300 mgZinc 15 mgIodine 150 μg

Annex 4

METHOD OF EXPRESSING ACTUAL ALCOHOLIC STRENGTH BY VOLUME IN THE LABELLING OF BEVERAGES CONTAINING MORE THAN 1,2 % BY VOLUME OF ALCOHOL

1. The figure for alcoholic strength shall be given to not more than one decimal place. It shall be followed by the symbol "% content by vol." and may be preceded by the abbreviation "alc.". It shall be permitted to use the symbol "% vol." as the equivalent of "% content by vol.".

2. The following positive and negative tolerances shall be allowed in respect of the indication of the alcoholic strength by volume:

1) 0,5 % vol., in case of a) beers having an alcoholic strength not exceeding 5,5 % vol.; b) beverages made of grapes and classified under subheading 2206 00 59 or

2206 00 89 of the Polish Combined Nomenclature (PCN;

2) 1 % vol., in case ofa) beers having an alcoholic strength exceeding 5,5 % vol.;b) beverages made of grapes and classified under subheading 2206 00 39

of the Polish Combined Nomenclature (PCN;c) ciders other than draught cider, perries, fruit wines and other beverages

based on fermented honey;

3) 1,5 % vol., in case ofa) beverages containing macerated fruit or parts of plants;b) draught cider;

4) 0,8 % vol., in case ofa) quality wines manufactured in specific regions and stored bottled for the

period exceeding 3 years;b) wines obtained from grapes: liqueurs, sparkling and semi-sparkling,

whether or not carbonated;

5) 0,5 % vol., in case of wines other than referred to in pt 4;

6) 0,3 % vol., in case of beverages not specified above.

3. The tolerances set out in the previous paragraph shall apply without prejudice to the tolerances deriving from the method of analysis used for determining the alcoholic strength.