Labelling of foodstuffs

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.