Labelling of foodstuffs

SUMMARY OF:

Regulation (EU) No 1169/2011 on providing food information to consumers

WHAT IS THE AIM OF THE REGULATION?

It seeks to guarantee consumers their right to information by establishing the general principles, requirements and responsibilities for the labelling of foodstuffs they consume.
It provides sufficient flexibility to respond to future developments in the food sector.
It merges the previous legislation, Directives 2000/13/EC on the labelling of foodstuffs and 90/496/EEC on nutritional labelling.

KEY POINTS

Scope

The legislation applies to businesses at all stages of the food chain and to all foods intended for final consumption. This includes food delivered by or supplied to mass caterers.

Responsibility to provide information

Responsibility for providing the necessary information, and ensuring it is accurate, lies with the manufacturer marketing the food under their name. If they are based outside the European Union (EU), it lies with the importer.

Mandatory information

Certain information is mandatory. This includes:
- the food’s name
- a list of ingredients
- net quantity
- a use-by date
- instructions for use, if necessary
- the operator’s name and address
- a nutrition declaration.
The general rule is that the indication of the country of origin or place of provenance is mandatory where failure to indicate this might mislead the consumer as to the true country of origin or place of provenance of the food. This is particularly the case if the information accompanying the food or the label as a whole would otherwise imply that the food has a different country of origin or place of provenance.
Origin labelling must be provided for fresh, chilled and frozen meat of swine, sheep, goats and poultry. Separate EU-level mandatory origin rules exist for foods such as honey (Directive 2001/110/EC), fruit and vegetables and olive oil (Regulation (EU) No 1308/2013), fish (Regulation (EU) No 1379/2013) and beef and beef products (Regulation (EC) No 1760/2000).
The mandatory information must be available at no extra cost to consumers who use distance selling to buy food, before they make their purchase.
The actual alcoholic strength must be given for any drinks with more than 1.2% by volume of alcohol.
Additional mandatory information must be given for certain types of foods, such as those containing sweeteners, ammonium salt or with a high caffeine count.
The net quantity of food and liquids must be expressed in litres, centilitres, millilitres, kilograms or grams.
Certain foods are exempt from the mandatory nutrition declaration, such as herbs and spices, flavourings and herbal teas.
Other foods — notably fresh fruit and vegetables, carbonated water, vinegars, and dairy items like cheese, butter, cream and fermented milk — do not need a list of ingredients.
Food information should not mislead the public, particularly by suggesting it possesses special characteristics or effects it does not have. It should be accurate, clear and easy for the consumer to understand.

The European Commission adopted Implementing Regulation (EU) 2018/775, which builds on Regulation (EU) No 1169/2011’s Article 26(3) by laying down detailed rules for indicating the country of origin or place of provenance of the primary ingredient of a food. In force since 1 April 2020, this regulation requires that the country of origin or place of provenance of the primary ingredient be indicated on the label if it is not the same as the given country of origin or the given place of provenance of the food. It also sets rules regarding the minimum font size and the positioning of this label.

In 2018, the Commission issued a notice on questions and answers on the application of Regulation (EU) No 1169/2011 to assist food business operators and national authorities in applying the regulation.

In 2020, the Commission issued a notice providing guidelines for food business operators and national authorities on applying the rules regarding labelling when the country of origin or place of provenance of a food is given and it is not the same as that of its primary ingredient, the country of origin or place of provenance.

FROM WHEN DOES THIS REGULATION APPLY?

It has applied since 13 December 2014, with the exception of the introduction of a nutrition declaration (from 13 December 2016) and the specific requirements concerning the designation of ‘minced meat’ (1 January 2014), and the indication of the primary ingredient (1 April 2020).

BACKGROUND

The free movement of safe and wholesome food in the EU is of major benefit to the public’s health and well-being and is an essential feature of the single market. In addition to guaranteeing a high level of health protection, EU law ensures that consumers have appropriate information to make informed choices in the food they buy and eat.

For further information, see:

Food information to consumers (European Commission).

MAIN DOCUMENT

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 (OJ L 304, 22.11.2011, pp.18–63).

Successive amendments to Regulation (EC) No 1169/2011 have been incorporated in the original text. This consolidated version is of documentary value only.