Regulation (EU) No 1169/2011 on the provision of food information

to consumers

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2011

R1169:20131206:EN:HTML

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

• 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

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

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 e.g. airline catering

List of mandatory particulars

a. name of the food* b. list of ingredients c. ‘allergens’ as listed in Annex II of FIC 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

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.

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

By December 2014 the Commission must provide reports on the 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.

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:

• energy value (in kJ and kcal) • fat • saturated fat • carbohydrate • sugars • protein and • salt

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.

Front Of Pack nutrition labelling Designed to combine ‘Traffic Light’ and Reference Intake information

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

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.

The Impact of Food Allergy

The symptoms can include: • rashes (usually very itchy) • tingling sensation in the mouth • swelling of the lips, tongue, face and throat • difficulty breathing • diarrhoea • vomiting • abdominal cramps • and on rare occasions anaphylaxis

Food Allergy Figures

The true burden of food allergy is estimated to be significantly higher than the hospitalisation figures might otherwise suggest

The importance of getting it right

Article 9 – List of mandatory particulars

9(1)(c) - Any ingredient or processing aid listed in Annex II, or derived from a substance or product listed in Annex II causing allergies or intolerances used in the manufacture or preparation of a food and still present in the finished product, even if in an altered form;

Headline changes in the law

• Must comply with Regulation 1169/2011 from 13 December 2014

• Existing requirements for pre-packed foods are retained – but new requirement to emphasise allergenic foods in the ingredients list

• Introduction of new requirement to provide allergy information for unpackaged foods

• Up to individual Member States to set out national measures on how this should be done

EU list of allergens

Peanuts Nuts Milk Soya

Mustard Lupin Eggs Fish

Shellfish Molluscs Cereals

containing gluten

Sesame

Celery Sulphur dioxide

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.

Additional mandatory information

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

http://www.food.gov.uk/multimedia/pdfs/publication/allergy-labelling-prepacked.pdf

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

Article 44(2) – National measures for non-

prepacked foods

• Member States may adopt national measures concerning the means through which the allergen information is to be made available and, where appropriate, the form of expression and presentation

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 statement 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 & Intolerances Before 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 provided to 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?

Food allergy on-line training http://allergytraining.food.gov.uk/english/

http://www.food.gov.uk/multimedia/pdfs/publication/loosefoodsleaflet.pdf

http://www.food.gov.uk/multimedia/pdfs/publication/thinkallergy.pdf

Voluntary best practice

http://www.food.gov.uk/business-industry/guidancenotes/labelregsguidance/nonprepacked

CookSafe

Food Safety Assurance System http://www.food.gov.uk/scotland/safetyhygienescot/cooksafe

ALLERGEN MANAGEMENT HOUSE RULES

http://www.food.gov.uk/sites/default/files/multimedia/pdfs/csallergen.pdf

http://www.food.gov.uk/multimedia/pdfs/chefcard.pdf

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 Guidance https://www.gov.uk/government/publications/technical-guidance-on-nutrition-labelling On line training http://www.food.gov.uk/enforcement/enforcetrainfund/onlinetraining/food-labelling-training-online/ 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

General Food Law

• Regulation (EC) No. 178/2002 General Food Law

• Article 14, 2a. Food shall be deemed to be unsafe if it is considered to be injurious to health

• Article 14, 3b. In determining whether any food is unsafe, regard shall be had to the information provided to the consumer, including information on the label, or other information generally available to the consumer concerning the avoidance of specific adverse health effects from a particular food or category of foods

Russell Napier Standards and Labelling Team

Regulatory Policy Branch Food Standards Agency in Scotland

Russell.Napier@foodstandards.gsi.gov.uk