Regulation (EU) No 1169/2011. information to consumers
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1 Regulation (EU) No 1169/2011 on the Provision of food information to consumers
2 Scope All food delivered to the final consumer, including food prepared and served in catering establishments sold by means of distance selling All means of making information available label, accompanying material, modern technology tools, verbal communication
3 Improved legibility of labels Minimum font size of 1.2mm x -height and of 0.9 mm x -height for packs less than 80 cm 2 Voluntary information not to be displayed to the detriment of the space available for mandatory information
4 Origin labelling Basic principle - origin labelling remains voluntary unless its omission could mislead the consumer New rules for the indication of the origin of the primary ingredient when it comes from a different place than the one where the last substantial transformation of the food happened
5 Partial move to extension of mandatory origin labelling Mandatory origin labelling for: Meat (pig, sheep, goat and poultry) (Implementing rules to be adopted within 2 years) By 13 December 2014, report on mandatory origin labelling for: other types of meat meat used as an ingredient milk and milk used as an ingredient in dairy products unprocessed foods single ingredient products ingredients that are more than 50% of a food
6 Nutrition information Mandatory energy (kilojoules and kilcalories) fat saturates carbohydrate sugars protein salt (sodium expressed as salt equivalents) Information related to 100g or 100ml Voluntary labelling per portion and/or per reference intake
7 Front-of-pack nutrition information Voluntary front-of-pack labelling for energy alone OR energy, fat, saturates, sugars and salt
8 Other new information requirements Nano engineered ingredients Plant source of vegetable oils and fats Whether food is defrosted Freezing date of frozen meat and fish Added water in meat or fishery products Use of proteins of a different animal origin in meat or fishery products Re-formed pieces of meat or fish
9 Application of the new rules From 13 December 2014 with exception of information related to mandatory nutrition labelling, which shall apply from 13 December 2016
10 More information Commission webpage: proposed_legislation_en.htm
11 Regulation (EC) No 1924/2006 on nutrition and health claims made on foods
12 Objectives of the Regulation To achieve a high level of consumer protection To improve the free movement of goods within the internal market To increase legal security for economic operators To ensure fair competition in the area of foods 12
13 Scope of the Regulation Voluntary claims in labelling, presentation and advertising Permission or not of claims does not mean permission or not of products Foods to be delivered as such to the final consumer Certain provisions not applicable to nonprepackaged foods. National rules may apply 13
14 General principles and conditions Health claims shall not refer to prevention, treatment or cure of a disease Health claims shall be accompanied by information on (Art. 10): Importance of balanced diet Pattern of consumption required to obtain the claimed effect 14
15 General principles and conditions Health claims shall not (Art. 12): Suggest that health could be affected by not consuming the food Make reference to rate or amount of weight loss Make reference to recommendations of individual doctors or health professionals
16 General principles and conditions Nutrition and Health claims shall be based on and substantiated by generally accepted scientific evidence (Art. 6.1) Health claims shall be understandable for the average consumer 16
17 Categories of foods which may not bear nutrition or health claims Beverages containing more than 1,2 % by volume of alcohol (except to indicate a reduction in alcohol or energy content or low alcohol content) Foods not complying with nutrient profiles (to be set) 17
18 Nutrient profiles Foods can bear claims if they comply with nutrient profiles (maximum levels of nutrient such as fat, salt sugars) Derogations foreseen for nutrition claims Strong opposition from many food sectors / Some support from certain sectors Strong support for the concept, from consumer and health NGOs 18
19 Nutrition claims The list of permitted nutrition claims is fully applicable since January It is based on Codex list of nutrition claims. First revision finalised in 2010 introducing 5 new nutrition claims on unsaturated fat, like omega-3 fatty acids. Second revision to be finalised in 2012 introducing the claims with no added salt and strengthening the conditions of use of the claim 'light' 19
20 EFSA has received 334 applications 218 children s claims Health claims Art 13(5) / 14 authorisations 56 risk reduction claims 60 newly developed science/proprietary data Commission has received 120 EFSA opinions For the majority, the applicant/public made comments to the Commission Article 16(6) of Regulation Scientific comments are transmitted to EFSA and a response is provided Comments and EFSA response to comments on SANCO s website: 20
21 Commission Regulations Authorise: Health claims Art 13(5) / 14 authorisations 1 claim based on proprietary data [Art. 13(5)] 7 reduction of disease risk claims [Art. 14(1)(a)] 11 claims referring to children s development and health [Art. 14(1)(b)] Reject: 26 Art. 13(5) claims 15 Art. 14 (1)(a) claims 36 Art. 14 (1)(b) claims 19 authorised and 71 rejected claims (published in OJ) Authorised and rejected claims on the European Union Register of nutrition and health claims made on food 21
22 31 January Member States submitted national lists (44.000) Health claims Art. 13 list End Consolidated list submitted to EFSA (4185) October 2009 July 2011 EFSA publishes scientific opinions May 2012 Commission Regulation (EU) No 432/2012 (222) 22
23 List of permitted health claims Art 13 Many claims on vitamins and minerals Good number of claims on other substances, e.g. Fibre Omega-3 fatty acids Melatonin Monascus Purpureus (Red yeast rice) Polyphenols in olive oil Creatine Claims on certain foods, e.g. Walnuts Meat or fish Carbohydrate-electrolyte solutions Meal replacements Water Comparative claims / replacement claims, e.g. Foods with a low or reduced content of saturated fatty acids Foods with a low or reduced content of sodium MUFA/PUFA in replacement of SFA Sugar replacers 23
24 Challenges Wording consumer understanding [X] contributes to normal homocysteine metabolism Difficulty in setting conditions of use Foods with reduced lactose content / decrease gastro-intestinal discomfort in lactose intolerant individuals Glycaemic carbohydrates / normal brain function High consumption needed to obtain the claimed effect DHA / blood pressure / blood triglycerides levels Caffeine / concentration / alertness / endurance performance In or out of the scope of the Regulation? [X] contributes to the elasticity of the skin 24
25 More information Commission webpage: htm
26 Thank you for your attention! 26
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