Food Information Regulation Deirdre Kennedy Food Safety Authority of Ireland
Full title 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 Published 22 Nov. 2011 Link on FSAI website: http://www.fsai.ie/legislation/food_legislation/labelling_presenta tion_advertising_foodstuffs/general_labelling_provisions/food_in formation.html
Application of General Provisions Foods placed on the market or labelled prior to 13 December 2014 which do not comply with the requirements of this Regulation may be marketed until the stocks of foods are exhausted. Article 54 (1)
Who do the new rules apply to? Applies to FBOs at all stages of the food chain, where their activities concern the provision of food information to consumers. Includes foods delivered by mass caterers, and foods intended for supply to mass caterers. Applies to catering services provided by transport undertakings when the departure takes place on the territories of the Member States to which the Treaties apply.
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 Article 2 2. (a) of Regulation 1169/2011
Some Key Changes Responsibility Minimum font size Allergens Distance selling Name of the Food Origin labelling Mandatory nutrition information
Responsibility (Article 8) FBO responsible is the operator under whose name or business name the food is marketed. If imported into the EU then it s the importer. FBOs must ensure that information relating to non-prepacked food must be transmitted to the FBO receiving the food to enable the provision of food information to the final consumer. FBOs that do not affect food information shall not supply food that is non-compliant with FIR (e.g. Retailers and wholesales selling branded goods) FBOs supplying other FBOs with food not intended for the final consumer must ensure that all the mandatory information is provided to them so that they can inform the consumer about the food being purchased.
Minimum Font size Mandatory information must have x height equal to or greater than 1.2mm Largest surface area less than 80cm 2 then a min of 0.9mm Rules on legibility to be established by the EU Commission
Largest surface area What is considered the largest surface area?
Largest surface area Cylindrical shapes could be the area of the container excluding tops, bottoms, flanges at tops and bottom of cans, shoulders as well as necks of bottles.
Allergens List remains as per Annex IIIa to Directive 2000/13/EC Now required to be declared in the ingredients list Packaged products - Must be emphasised through a typeset which clearly distinguishes it from rest of ingredients for e.g. means of font, style, background colour. Indication extended to all foods (loose and pre-packaged)
Voluntary information (Art 36) Must not mislead consumer, must not be confusing and must be based on science where relevant. Cannot be at the detriment of the space required for the mandatory information Allergen boxes permitted or not? - Are no longer permitted. May contain statements - Commission must adopt rules regarding information on the possible and unintentional presence in food of substances or products identified as allergens. Symbols/pictograms - EU Commission may adopt implementing rules for use of symbols or pictograms instead of words/text.
Distance selling Mandatory info (except date) must be available before purchase concluded and all info must be available upon delivery (exemption - vending machines or automated commercial premises) Non pre-packed foods subject to national rules
Product name additional requirements (annex VI) Meat products, meat prep & fishery products containing added proteins of a different animal origin, the product name must bear an indication of those proteins and their origin. Name of product must indicate the presence of water if the added water makes up more than 5% of the weight of the finished product of: Meat products, meat prep with an appearance of a cut, joint, slice, portion or carcase of meat and Fishery products and prepared fishery products with an appearance of a cut, joint, slice, portion, fillet or whole fishery product.
Product name contd.. Meat products, meat preps & fishery products which give impression they are whole piece of meat/fish but consist of pieces combined together by other ingredients must bear indication formed meat or formed fish
Minimum durability some changes Date of minimum durability: Individual portions of ice cream no longer exempt Soft drinks, fruit juices/nectars, alcoholic beverages in containers of more than 5 litres no longer exempt Date of freezing: Frozen meat, frozen meat preps & frozen unprocessed fishery products date of freezing or Date of first freezing where product has been frozen more than once (with words frozen on.. )
Country of Origin Implementing rules for Meat of swine, sheep, goats & poultry where COO is given but not the same as primary ingredient (<50% of the food) Commission to submit report by Autumn 2013 meat used as an ingredient By 13 Dec 2014 Commission to submit report Meats other than beef and swine/sheep/goats/poultry Milk Milk as ingredient in dairy products Unprocessed foods Single ingredient foods Ingredients that represent more than 50% of a food
Application of General Provisions Foods placed on the market or labelled prior to 13 December 2014 which do not comply with the requirements of this Regulation may be marketed until the stocks of foods are exhausted. Article 54 (1) Compliance before this date?
Nutrition Labelling
Nutrition Declaration Application Foods placed on the market or labelled prior to 13 th December 2016 which do not comply with requirement regarding nutrition declaration may be marketed until stocks are exhausted. Between 13 th December 2014 and 13 th December 2016 where nutrition declaration is provided on a voluntary basis it must comply with the new Regulation Article 54 (1) & (2)
Some exemptions Unprocessed products that comprise a single ingredient or category of ingredient Processed products which the only processing they have been subjected to maturing and that comprises of a single ingredient or category of ingredients Packages the largest surface of which has an area of less than 25cm2 Loose foods (unless national measures require it) Handcrafted food directly supplied by the manufacturer of small quantities of products to the final consumer or to local retail establishments supplying the final consumer
Nutrition declaration Mandatory energy and fats, saturates, carbohydrates, sugars, protein and salt. Note that the order has changed Per 100g/ml (New Format) Energy Fat Saturates Carbohydrates Sugars Protein Salt Per 100g/ml (Current format) Energy Protein Carbohydrate of which sugars Fat Of which saturates Fibre Sodium
Supplementary Nutrition Information The mandatory nutrition information 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) Any vitamins or minerals listed in Annex to Regulation
Format of full declaration Energy (kj/kcal) Fat (g) Of which saturates (g) monounsaturates (g) polyunsaturates (g) Carbohydrate (g) Of which Fibre (g) Protein (g) Salt (g) sugars (g) polyols (g) starch (g) Vitamins and Minerals (µg/mg as in Pt A Annex XIII + %NRV) Note: this is a closed list and other nutrients can t be added. If a health/nutrient claim is authorised and applies to a different nutrient/substance then the amount must be declared near to the nutrient declaration
OR as per 100g/100ml or per portion (except energy 100g/100ml +/- per portion) Art 30(3) In addition to mandatory nutritional labelling
KEY COMPLIANCE DATES 13 th December 2014 Foods placed on the market or labelled prior to 13 December 2014 which do not comply with the requirements of this Regulation may be marketed until the stocks of foods are exhausted. Article 54 (1) 13 th December 2016 Foods placed on the market or labelled prior to 13 December 2016 which do not comply with [the nutrition declaration art9(1)(l)] may be marketed until the stocks of foods are exhausted. Article 54 (1) 1 st January 2014 Foods placed on the market or labelled prior to 1 January 2014 which do not comply with [composition and labelling of minced meat annex VI pt B] may be marketed until the stocks of foods are exhausted. Article 54 (1)
Q&A Document on the Application of Regulation 1169/2011 http://ec.europa.eu/food/food/labellingnutrition/foodlabelling/d ocs/qanda_application_reg1169-2011_en.pdf Information Booklet http://www.fsai.ie/legislation/food_legislation/labelling_present ation_advertising_foodstuffs/general_labelling_provisions/food_ information.html#information_booklet
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