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Document 02011R1169-20180101
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 (Text with EEA relevance)Text with EEA relevance
Consolidated text: 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 (Text with EEA relevance)Text with EEA relevance
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 (Text with EEA relevance)Text with EEA relevance
02011R1169 — EN — 01.01.2018 — 003.009
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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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, p. 18) |
Amended by:
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Official Journal |
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COMMISSION DELEGATED REGULATION (EU) No 1155/2013 of 21 August 2013 |
L 306 |
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16.11.2013 |
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COMMISSION DELEGATED REGULATION (EU) No 78/2014 of 22 November 2013 |
L 27 |
7 |
30.1.2014 |
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REGULATION (EU) 2015/2283 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 November 2015 |
L 327 |
1 |
11.12.2015 |
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Corrected by:
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
(Text with EEA relevance)
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter and scope
This Regulation shall apply to catering services provided by transport undertakings when the departure takes place on the territories of the Member States to which the Treaties apply.
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply:
the definitions of ‘food’, ‘food law’, ‘food business’, ‘food business operator’, ‘retail’, ‘placing on the market’ and ‘final consumer’ in Article 2 and in points (1), (2), (3), (7), (8) and (18) of Article 3 of Regulation (EC) No 178/2002;
the definitions of ‘processing’, ‘unprocessed products’ and ‘processed products’ in points (m), (n) and (o) of Article 2(1) of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs ( 1 );
the definition of ‘food enzyme’ in point (a) of Article 3(2) of Regulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes ( 2 );
the definitions of ‘food additive’, ‘processing aid’ and ‘carrier’ in points (a) and (b) of Article 3(2) of, and in point 5 of Annex I to, Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives ( 3 );
the definition of ‘flavourings’ in point (a) of Article 3(2) of Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods ( 4 );
the definitions of ‘meat’, ‘mechanically separated meat’, ‘meat preparations’, ‘fishery products’ and ‘meat products’ in points 1.1, 1.14, 1.15, 3.1 and 7.1 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin ( 5 );
the definition of ‘advertising’ in point (a) of Article 2 of Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising ( 6 );
the definition of ‘engineered nanomaterials’ as established by point (f) of Article 3(2) of Regulation (EU) 2015/2283 of the European Parliament and of the Council ( 7 ).
The following definitions shall also apply:
‘food information’ means 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;
‘food information law’ means the Union provisions governing the food information, and in particular labelling, including rules of a general nature applicable to all foods in particular circumstances or to certain categories of foods and rules which apply only to specific foods;
‘mandatory food information’ means the particulars that are required to be provided to the final consumer by Union provisions;
‘mass caterer’ means any establishment (including a vehicle or a fixed or mobile stall), such as restaurants, canteens, schools, hospitals and catering enterprises in which, in the course of a business, food is prepared to be ready for consumption by the final consumer;
‘prepacked food’ means any single item for presentation as such to the final consumer and to mass caterers, consisting of a food and the packaging into which it was put before being offered for sale, whether such packaging encloses the food completely or only partially, but in any event in such a way that the contents cannot be altered without opening or changing the packaging; ‘prepacked food’ does not cover foods packed on the sales premises at the consumer’s request or prepacked for direct sale;
‘ingredient’ means any substance or product, including flavourings, food additives and food enzymes, and any constituent of a compound ingredient, used in the manufacture or preparation of a food and still present in the finished product, even if in an altered form; residues shall not be considered as ‘ingredients’;
‘place of provenance’ means any place where a food is indicated to come from, and that is not the ‘country of origin’ as determined in accordance with Articles 23 to 26 of Regulation (EEC) No 2913/92; the name, business name or address of the food business operator on the label shall not constitute an indication of the country of origin or place of provenance of food within the meaning of this Regulation;
‘compound ingredient’ means an ingredient that is itself the product of more than one ingredient;
‘label’ means any tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, embossed or impressed on, or attached to the packaging or container of food;
‘labelling’ means any words, particulars, trade marks, brand name, pictorial matter or symbol relating to a food and placed on any packaging, document, notice, label, ring or collar accompanying or referring to such food;
‘field of vision’ means all the surfaces of a package that can be read from a single viewing point;
‘principal field of vision’ means the field of vision of a package which is most likely to be seen at first glance by the consumer at the time of purchase and that enables the consumer to immediately identify a product in terms of its character or nature and, if applicable, its brand name. If a package has several identical principal fields of vision, the principal field of vision is the one chosen by the food business operator;
‘legibility’ means the physical appearance of information, by means of which the information is visually accessible to the general population and which is determined by various elements, inter alia, font size, letter spacing, spacing between lines, stroke width, type colour, typeface, width-height ratio of the letters, the surface of the material and significant contrast between the print and the background;
‘legal name’ means the name of a food prescribed in the Union provisions applicable to it or, in the absence of such Union provisions, the name provided for in the laws, regulations and administrative provisions applicable in the Member State in which the food is sold to the final consumer or to mass caterers;
‘customary name’ means a name which is accepted as the name of the food by consumers in the Member State in which that food is sold, without that name needing further explanation;
‘descriptive name’ means a name providing a description of the food, and if necessary of its use, which is sufficiently clear to enable consumers to know its true nature and distinguish it from other products with which it might be confused;
‘primary ingredient’ means an ingredient or ingredients of a food that represent more than 50 % of that food or which are usually associated with the name of the food by the consumer and for which in most cases a quantitative indication is required;
‘date of minimum durability of a food’ means the date until which the food retains its specific properties when properly stored;
‘nutrient’ means protein, carbohydrate, fat, fibre, sodium, vitamins and minerals listed in point 1 of Part A of Annex XIII to this Regulation, and substances which belong to or are components of one of those categories;
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‘means of distance communication’ means any means which, without the simultaneous physical presence of the supplier and the consumer, may be used for the conclusion of a contract between those parties.
CHAPTER II
GENERAL PRINCIPLES ON FOOD INFORMATION
Article 3
General objectives
Article 4
Principles governing mandatory food information
Where mandatory food information is required by food information law, it shall concern information that falls, in particular, into one of the following categories:
information on the identity and composition, properties or other characteristics of the food;
information on the protection of consumers’ health and the safe use of a food. In particular, it shall concern information on:
compositional attributes that may be harmful to the health of certain groups of consumers;
durability, storage and safe use;
the health impact, including the risks and consequences related to harmful and hazardous consumption of a food;
information on nutritional characteristics so as to enable consumers, including those with special dietary requirements, to make informed choices.
Article 5
Consultation of the European Food Safety Authority
Any Union measure in the field of food information law which is likely to have an effect on public health shall be adopted after consultation of the European Food Safety Authority (‘the Authority’).
CHAPTER III
GENERAL FOOD INFORMATION REQUIREMENTS AND RESPONSIBILITIES OF FOOD BUSINESS OPERATORS
Article 6
Basic requirement
Any food intended for supply to the final consumer or to mass caterers shall be accompanied by food information in accordance with this Regulation.
Article 7
Fair information practices
Food information shall not be misleading, particularly:
as to the characteristics of the food and, in particular, as to its nature, identity, properties, composition, quantity, durability, country of origin or place of provenance, method of manufacture or production;
by attributing to the food effects or properties which it does not possess;
by suggesting that the food possesses special characteristics when in fact all similar foods possess such characteristics, in particular by specifically emphasising the presence or absence of certain ingredients and/or nutrients;
by suggesting, by means of the appearance, the description or pictorial representations, the presence of a particular food or an ingredient, while in reality a component naturally present or an ingredient normally used in that food has been substituted with a different component or a different ingredient.
Paragraphs 1, 2 and 3 shall also apply to:
advertising;
the presentation of foods, in particular their shape, appearance or packaging, the packaging materials used, the way in which they are arranged and the setting in which they are displayed.
Article 8
Responsibilities
In the following cases, food business operators, within the businesses under their control, shall ensure that the mandatory particulars required under Articles 9 and 10 shall appear on the prepackaging or on a label attached thereto, or on the commercial documents referring to the foods where it can be guaranteed that such documents either accompany the food to which they refer or were sent before or at the same time as delivery:
where prepacked food is intended for the final consumer but marketed at a stage prior to sale to the final consumer and where sale to a mass caterer is not involved at that stage;
where prepacked food is intended for supply to mass caterers for preparation, processing, splitting or cutting up.
Notwithstanding the first subparagraph, food business operators shall ensure that the particulars referred to in points (a), (f), (g) and (h) of Article 9(1) also appear on the external packaging in which the prepacked foods are presented for marketing.
CHAPTER IV
MANDATORY FOOD INFORMATION
SECTION 1
Content and presentation
Article 9
List of mandatory particulars
In accordance with Articles 10 to 35 and subject to the exceptions contained in this Chapter, indication of the following particulars shall be mandatory:
the name of the food;
the list of ingredients;
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;
the quantity of certain ingredients or categories of ingredients;
the net quantity of the food;
the date of minimum durability or the ‘use by’ date;
any special storage conditions and/or conditions of use;
the name or business name and address of the food business operator referred to in Article 8(1);
the country of origin or place of provenance where provided for in Article 26;
instructions for use where it would be difficult to make appropriate use of the food in the absence of such instructions;
with respect to beverages containing more than 1,2 % by volume of alcohol, the actual alcoholic strength by volume;
a nutrition declaration.
In order to ensure that consumers benefit from other means of expression of mandatory food information than words and numbers, and provided that the same level of information as with words and numbers is ensured, the Commission, taking into account evidence of uniform consumer understanding, may establish, by means of delegated acts in accordance with Article 51, the criteria subject to which one or more particulars referred to in paragraph 1 may be expressed by pictograms or symbols instead of words or numbers.
Article 10
Additional mandatory particulars for specific types or categories of foods
Where, in the case of the emergence of a risk to consumers’ health, imperative grounds of urgency so require, the procedure provided for in Article 52 shall apply to delegated acts adopted pursuant to this Article.
Article 11
Weights and measures
Article 9 shall be without prejudice to more specific Union provisions regarding weights and measures.
Article 12
Availability and placement of mandatory food information
Article 13
Presentation of mandatory particulars
For the same purpose as referred to in the first subparagraph, the Commission may, by means of delegated acts in accordance with Article 51, extend the requirements under paragraph 5 of this Article to additional mandatory particulars for specific types or categories of foods.
Article 14
Distance selling
Without prejudice to the information requirements laid down in Article 9, in the case of prepacked foods offered for sale by means of distance communication:
mandatory food information, except the particulars provided in point (f) of Article 9(1), shall be available before the purchase is concluded and shall appear on the material supporting the distance selling or be provided through other appropriate means clearly identified by the food business operator. When other appropriate means are used, the mandatory food information shall be provided without the food business operator charging consumers supplementary costs;
all mandatory particulars shall be available at the moment of delivery.
Article 15
Language requirements
Article 16
Omission of certain mandatory particulars
By 13 December 2014, the Commission shall produce a report concerning the application of Article 18 and Article 30(1) to the products referred to in this paragraph, and addressing whether alcoholic beverages should in future be covered, in particular, by the requirement to provide the information on the energy value, and the reasons justifying possible exemptions, taking into account the need to ensure coherence with other relevant Union policies. In this context, the Commission shall consider the need to propose a definition of ‘alcopops’.
The Commission shall accompany that report by a legislative proposal, if appropriate, determining the rules for a list of ingredients or a mandatory nutrition declaration for those products.
SECTION 2
Detailed provisions on mandatory particulars
Article 17
Name of the food
Article 18
List of ingredients
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Article 19
Omission of the list of ingredients
The following foods shall not be required to bear a list of ingredients:
fresh fruit and vegetables, including potatoes, which have not been peeled, cut or similarly treated;
carbonated water, the description of which indicates that it has been carbonated;
fermentation vinegars derived exclusively from a single basic product, provided that no other ingredient has been added;
cheese, butter, fermented milk and cream, to which no ingredient has been added other than lactic products, food enzymes and micro-organism cultures essential to manufacture, or in the case of cheese other than fresh cheese and processed cheese the salt needed for its manufacture;
foods consisting of a single ingredient, where:
the name of the food is identical to the ingredient name; or
the name of the food enables the nature of the ingredient to be clearly identified.
Article 20
Omission of constituents of food from the list of ingredients
Without prejudice to Article 21, the following constituents of a food shall not be required to be included in the list of ingredients:
the constituents of an ingredient which have been temporarily separated during the manufacturing process and later reintroduced but not in excess of their original proportions;
food additives and food enzymes:
whose presence in a given food is solely due to the fact that they were contained in one or more ingredients of that food, in accordance with the carry-over principle referred to in points (a) and (b) of Article 18(1) of Regulation (EC) No 1333/2008, provided that they serve no technological function in the finished product; or
which are used as processing aids;
carriers and substances which are not food additives but are used in the same way and with the same purpose as carriers, and which are used in the quantities strictly necessary;
substances which are not food additives but are used in the same way and with the same purpose as processing aids and are still present in the finished product, even if in an altered form;
water:
where the water is used during the manufacturing process solely for the reconstitution of an ingredient used in concentrated or dehydrated form; or
in the case of a liquid medium which is not normally consumed.
Article 21
Labelling of certain substances or products causing allergies or intolerances
Without prejudice to the rules adopted under Article 44(2), the particulars referred to in point (c) of Article 9(1) shall meet the following requirements:
they shall be indicated in the list of ingredients in accordance with the rules laid down in Article 18(1), with a clear reference to the name of the substance or product as listed in Annex II; and
the name of the substance or product as listed in Annex II shall 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 background colour.
In the absence of a list of ingredients, the indication of the particulars referred to in point (c) of Article 9(1) shall comprise the word ‘contains’ followed by the name of the substance or product as listed in Annex II.
Where several ingredients or processing aids of a food originate from a single substance or product listed in Annex II, the labelling shall make it clear for each ingredient or processing aid concerned.
The indication of the particulars referred to in point (c) of Article 9(1) shall not be required in cases where the name of the food clearly refers to the substance or product concerned.
Where, in the case of the emergence of a risk to consumers’ health, imperative grounds of urgency so require, the procedure provided for in Article 52 shall apply to delegated acts adopted pursuant to this Article.
Article 22
Quantitative indication of ingredients
The indication of the quantity of an ingredient or category of ingredients used in the manufacture or preparation of a food shall be required where the ingredient or category of ingredients concerned:
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.
Article 23
Net quantity
The net quantity of a food shall be expressed using litres, centilitres, millilitres, kilograms or grams, as appropriate:
in units of volume in the case of liquid products;
in units of mass in the case of other products.
Article 24
Minimum durability date, ‘use by’ date and date of freezing
Article 25
Storage conditions or conditions of use
Article 26
Country of origin or place of provenance
Indication of the country of origin or place of provenance shall be mandatory:
where failure to indicate this might mislead the consumer as to the true country of origin or place of provenance of the food, in particular 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;
for meat falling within the Combined Nomenclature (‘CN’) codes listed in Annex XI. The application of this point shall be subject to the adoption of implementing acts referred to in paragraph 8.
Where the country of origin or the place of provenance of a food is given and where it is not the same as that of its primary ingredient:
the country of origin or place of provenance of the primary ingredient in question shall also be given; or
the country of origin or place of provenance of the primary ingredient shall be indicated as being different to that of the food.
The application of this paragraph shall be subject to the adoption of the implementing acts referred to in paragraph 8.
By 13 December 2014, the Commission shall submit reports to the European Parliament and the Council regarding the mandatory indication of the country of origin or place of provenance for the following foods:
types of meat other than beef and those referred to in point (b) of paragraph 2;
milk;
milk used as an ingredient in dairy products;
unprocessed foods;
single ingredient products;
ingredients that represent more than 50 % of a food.
The Commission may accompany those reports with proposals to modify the relevant Union provisions.
In the case of foods referred to in point (b) of paragraph 2, in point (a) of paragraph 5 and in paragraph 6, the reports and the impact assessments under this Article shall consider, inter alia, the options for the modalities of expressing the country of origin or place of provenance of those foods, in particular with respect to each of the following determining points in the life of the animal:
place of birth;
place of rearing;
place of slaughter.
Article 27
Instructions for use
Article 28
Alcoholic strength
SECTION 3
Nutrition declaration
Article 29
Relationship with other legislation
This Section shall not apply to foods falling within the scope of the following legislation:
Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements ( 10 );
Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters ( 11 ).
Article 30
Content
The mandatory nutrition declaration shall include the following:
energy value; and
the amounts of fat, saturates, carbohydrate, sugars, protein and salt.
Where appropriate, a statement indicating that the salt content is exclusively due to the presence of naturally occurring sodium may appear in close proximity to the nutrition declaration.
The content of the mandatory nutrition declaration referred to in paragraph 1 may be supplemented with an indication of the amounts of one or more of the following:
mono-unsaturates;
polyunsaturates;
polyols;
starch;
fibre;
any of the vitamins or minerals listed in point 1 of Part A of Annex XIII, and present in significant amounts as defined in point 2 of Part A of Annex XIII.
Where the labelling of a prepacked food provides the mandatory nutrition declaration referred to in paragraph 1, the following information may be repeated thereon:
the energy value; or
the energy value together with the amounts of fat, saturates, sugars, and salt.
Without prejudice to Article 44 and by way of derogation from Article 36(1), where the labelling of the products referred to in Article 44(1) provides a nutrition declaration, the content of that declaration may be limited only to:
the energy value; or
the energy value together with the amounts of fat, saturates, sugars, and salt.
Article 31
Calculation
Where appropriate, the information may relate to the food after preparation, provided that sufficiently detailed preparation instructions are given and the information relates to the food as prepared for consumption.
The declared values shall, according to the individual case, be average values based on:
the manufacturer’s analysis of the food;
a calculation from the known or actual average values of the ingredients used; or
a calculation from generally established and accepted data.
The Commission may adopt implementing acts setting out detailed rules for the uniform implementation of this paragraph with regard to the precision of the declared values such as the differences between the declared values and those established in the course of official checks. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Article 32
Expression per 100 g or per 100 ml
Article 33
Expression on a per portion basis or per consumption unit
In the following cases, the energy value and the amounts of nutrients referred to in Article 30(1) to (5) may be expressed per portion and/or per consumption unit, easily recognisable by the consumer, provided that the portion or the unit used is quantified on the label and that the number of portions or units contained in the package is stated:
in addition to the form of expression per 100 g or per 100 ml referred to in Article 32(2);
in addition to the form of expression per 100 g or per 100 ml referred to in Article 32(3) regarding the amounts of vitamins and minerals;
in addition to or instead of the form of expression per 100 g or per 100 ml referred to in Article 32(4).
When the amounts of nutrients are expressed on the basis of per portion or per consumption unit alone in accordance with the first subparagraph, the energy value shall be expressed per 100 g or per 100 ml and on the basis of per portion or per consumption unit.
Article 34
Presentation
The particulars referred to in Article 30(3) shall be presented:
in the principal field of vision; and
using a font size in accordance with Article 13(2).
The particulars referred to in Article 30(3) may be presented in a format different from that specified in paragraph 2 of this Article.
In order to ensure the uniform implementation of this paragraph, the Commission may adopt implementing acts regarding the energy value and amounts of nutrients referred to in Article 30(1) to (5) which can be regarded as negligible. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Article 35
Additional forms of expression and presentation
In addition to the forms of expression referred to in Article 32(2) and (4) and Article 33 and to the presentation referred to in Article 34(2), the energy value and the amount of nutrients referred to in Article 30(1) to (5) may be given by other forms of expression and/or presented using graphical forms or symbols in addition to words or numbers provided that the following requirements are met:
they are based on sound and scientifically valid consumer research and do not mislead the consumer as referred to in Article 7;
their development is the result of consultation with a wide range of stakeholder groups;
they aim to facilitate consumer understanding of the contribution or importance of the food to the energy and nutrient content of a diet;
they are supported by scientifically valid evidence of understanding of such forms of expression or presentation by the average consumer;
in the case of other forms of expression, they are based either on the harmonised reference intakes set out in Annex XIII, or in their absence, on generally accepted scientific advice on intakes for energy or nutrients;
they are objective and non-discriminatory; and
their application does not create obstacles to the free movement of goods.
To facilitate the monitoring of the use of such additional forms of expression or presentation, Member States may require food business operators placing on the market in their territory foods bearing such information to notify the competent authority of the use of an additional form of expression or presentation and to provide them with the relevant justifications regarding the fulfilment of the requirements laid down in points (a) to (g) of paragraph 1. In such cases, information on the discontinuation of the use of such additional forms of expression or presentation may also be required.
CHAPTER V
VOLUNTARY FOOD INFORMATION
Article 36
Applicable requirements
Food information provided on a voluntary basis shall meet the following requirements:
it shall not mislead the consumer, as referred to in Article 7;
it shall not be ambiguous or confusing for the consumer; and
it shall, where appropriate, be based on the relevant scientific data.
The Commission shall adopt implementing acts on the application of the requirements referred to in paragraph 2 of this Article to the following voluntary food information:
information on the possible and unintentional presence in food of substances or products causing allergies or intolerances;
information related to suitability of a food for vegetarians or vegans;
the indication of reference intakes for specific population groups in addition to the reference intakes set out in Annex XIII; and
information on the absence or reduced presence of gluten in food.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Article 37
Presentation
Voluntary food information shall not be displayed to the detriment of the space available for mandatory food information.
CHAPTER VI
NATIONAL MEASURES
Article 38
National measures
Article 39
National measures on additional mandatory particulars
In addition to the mandatory particulars referred to in Article 9(1) and in Article 10, Member States may, in accordance with the procedure laid down in Article 45, adopt measures requiring additional mandatory particulars for specific types or categories of foods, justified on grounds of at least one of the following:
the protection of public health;
the protection of consumers;
the prevention of fraud;
the protection of industrial and commercial property rights, indications of provenance, registered designations of origin and the prevention of unfair competition.
Article 40
Milk and milk products
Member States may adopt measures derogating from Article 9(1) and Article 10(1) in the case of milk and milk products presented in glass bottles intended for reuse.
They shall communicate to the Commission the text of those measures without delay.
Article 41
Alcoholic beverages
Member States may, pending the adoption of the Union provisions referred to in Article 16(4), maintain national measures as regards the listing of ingredients in the case of beverages containing more than 1,2 % by volume of alcohol.
Article 42
Expression of the net quantity
In the absence of Union provisions referred to in Article 23(2) concerning the expression of net quantity for specified foods in a different manner to that provided for in Article 23(1), Member States may maintain national measures adopted before 12 December 2011.
By 13 December 2014, Member States shall inform the Commission about such measures. The Commission shall bring them to the attention of the other Member States.
Article 43
Voluntary indication of reference intakes for specific population groups
Pending the adoption of the Union provisions referred to in point (c) of Article 36(3), Member States may adopt national measures on the voluntary indication of reference intakes for specific population groups.
Member States shall communicate to the Commission the text of those measures without delay.
Article 44
National measures for non-prepacked food
Where foods are offered for 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 particulars specified in point (c) of Article 9(1) is mandatory;
the provision of other particulars referred to in Articles 9 and 10 is not mandatory unless Member States adopt national measures requiring the provision of some or all of those particulars or elements of those particulars.
Article 45
Notification procedure
CHAPTER VII
IMPLEMENTING, AMENDING AND FINAL PROVISIONS
Article 46
Amendments to the Annexes
In order to take into account technical progress, scientific developments, consumers’ health, or consumers’ need for information, and subject to the provisions of Article 10(2) and Article 21(2) relating to the amendments to Annexes II and III, the Commission may, by means of delegated acts in accordance with Article 51, amend the Annexes to this Regulation.
Article 47
Transitional period for and date of application of implementing measures or delegated acts
Without prejudice to paragraph 2 of this Article, in exercising the powers conferred by this Regulation to adopt measures by means of implementing acts in accordance with the examination procedure referred to in Article 48(2) or by means of delegated acts in accordance with Article 51 the Commission shall:
establish an appropriate transitional period for application of the new measures, during which foods bearing labels not complying with the new measures may be placed on the market and after which stocks of such foods that have been placed on the market before the end of the transitional period may continue to be sold until exhausted; and
ensure that those measures apply as from 1 April in any calendar year.
Article 48
Committee
Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Article 49
Amendments to Regulation (EC) No 1924/2006
The first and second paragraphs of Article 7 of Regulation (EC) No 1924/2006 are replaced by the following:
‘Nutrition labelling of products on which a nutrition and/or health claim is made shall be mandatory, with the exception of generic advertising. The information to be provided shall consist of that specified in Article 30(1) of 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 ( *1 ). Where a nutrition and/or health claim is made for a nutrient referred to in Article 30(2) of Regulation (EU) No 1169/2011 the amount of that nutrient shall be declared in accordance with Articles 31 to 34 of that Regulation.
The amount(s) of the substance(s) to which a nutrition or health claim relates that does not appear in the nutrition labelling shall be stated in the same field of vision as the nutrition labelling and be expressed in accordance with Articles 31, 32 and 33 of Regulation (EU) No 1169/2011. The units of measurement used to express the amount of the substance shall be appropriate for the individual substances concerned.
Article 50
Amendments to Regulation (EC) No 1925/2006
Paragraph 3 of Article 7 of Regulation (EC) No 1925/2006 is replaced by the following:
Article 51
Exercise of the delegation
Article 52
Urgency procedure
Article 53
Repeal
Article 54
Transitional measures
Foods placed on the market or labelled prior to 13 December 2016 which do not comply with the requirement laid down in point (l) of Article 9(1) may be marketed until the stocks of the foods are exhausted.
Foods placed on the market or labelled prior to 1 January 2014 which do not comply with the requirements laid down in Part B of Annex VI may be marketed until the stocks of the foods are exhausted.
Notwithstanding Commission Regulation (EC) No 1162/2009 of 30 November 2009 laying down transitional measures for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council ( 14 ), foods labelled in accordance with Part B of Annex VI to this Regulation may be placed on the market before 1 January 2014.
Article 55
Entry into force and date of application
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 13 December 2014, with the exception of point (l) of Article 9(1), which shall apply from 13 December 2016, and Part B of Annex VI, which shall apply from 1 January 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
SPECIFIC DEFINITIONS
As referred to in Article 2(4)
‘nutrition declaration’ or ‘nutrition labelling’ means information stating the:
energy value; or
energy value and one or more of the following nutrients only:
‘fat’ means total lipids, and includes phospholipids;
‘saturates’ means fatty acids without double bond;
‘trans fat’ means fatty acids with at least one non-conjugated (namely interrupted by at least one methylene group) carbon-carbon double bond in the trans configuration;
‘mono-unsaturates’ means fatty acids with one cis double bond;
‘polyunsaturates’ means fatty acids with two or more cis, cis-methylene interrupted double bonds;
‘carbohydrate’ means any carbohydrate which is metabolised by humans, and includes polyols;
‘sugars’ means all monosaccharides and disaccharides present in food, but excludes polyols;
‘polyols’ means alcohols containing more than two hydroxyl groups;
‘protein’ means the protein content calculated using the formula: protein = total Kjeldahl nitrogen × 6,25;
‘salt’ means the salt equivalent content calculated using the formula: salt = sodium × 2,5;
‘fibre’ means carbohydrate polymers with three or more monomeric units, which are neither digested nor absorbed in the human small intestine and belong to the following categories:
‘average value’ means the value which best represents the amount of the nutrient which a given food contains, and reflects allowances for seasonal variability, patterns of consumption and other factors which may cause the actual value to vary.
ANNEX II
SUBSTANCES OR PRODUCTS CAUSING ALLERGIES OR INTOLERANCES
1. Cereals containing gluten, namely: wheat (such as spelt and khorasan wheat), rye, barley, oats or their hybridised strains, and products thereof, except:
wheat based glucose syrups including dextrose ( 15 );
wheat based maltodextrins (15) ;
glucose syrups based on barley;
cereals used for making alcoholic distillates including ethyl alcohol of agricultural origin;
2. Crustaceans and products thereof;
3. Eggs and products thereof;
4. Fish and products thereof, except:
fish gelatine used as carrier for vitamin or carotenoid preparations;
fish gelatine or Isinglass used as fining agent in beer and wine;
5. Peanuts and products thereof;
6. Soybeans and products thereof, except:
fully refined soybean oil and fat (15) ;
natural mixed tocopherols (E306), natural D-alpha tocopherol, natural D-alpha tocopherol acetate, and natural D-alpha tocopherol succinate from soybean sources;
vegetable oils derived phytosterols and phytosterol esters from soybean sources;
plant stanol ester produced from vegetable oil sterols from soybean sources;
7. Milk and products thereof (including lactose), except:
whey used for making alcoholic distillates including ethyl alcohol of agricultural origin;
lactitol;
8. Nuts, namely: almonds (Amygdalus communis L.), hazelnuts (Corylus avellana), walnuts (Juglans regia), cashews (Anacardium occidentale), pecan nuts (Carya illinoinensis (Wangenh.) K. Koch), Brazil nuts (Bertholletia excelsa), pistachio nuts (Pistacia vera), macadamia or Queensland nuts (Macadamia ternifolia), and products thereof, except for nuts used for making alcoholic distillates including ethyl alcohol of agricultural origin;
9. Celery and products thereof;
10. Mustard and products thereof;
11. Sesame seeds and products thereof;
12. Sulphur dioxide and sulphites at concentrations of more than 10 mg/kg or 10 mg/litre in terms of the total SO2 which are to be calculated for products as proposed ready for consumption or as reconstituted according to the instructions of the manufacturers;
13. Lupin and products thereof;
14. Molluscs and products thereof.
ANNEX III
FOODS FOR WHICH THE LABELLING MUST INCLUDE ONE OR MORE ADDITIONAL PARTICULARS
|
TYPE OR CATEGORY OF FOOD |
PARTICULARS |
|
1. Foods packaged in certain gases |
|
|
1.1. Foods whose durability has been extended by means of packaging gases authorised pursuant to Regulation (EC) No 1333/2008. |
‘packaged in a protective atmosphere’. |
|
2. Foods containing sweeteners |
|
|
2.1. Foods containing a sweetener or sweeteners authorised pursuant to Regulation (EC) No 1333/2008. |
‘with sweetener(s)’ this statement shall accompany the name of the food. |
|
2.2. Foods containing both an added sugar or sugars and a sweetener or sweeteners authorised pursuant to Regulation (EC) No 1333/2008. |
‘with sugar(s) and sweetener(s)’ this statement shall accompany the name of the food. |
|
2.3. Foods containing aspartame/aspartame-acesulfame salt authorised pursuant to Regulation EC) No 1333/2008. |
‘contains aspartame (a source of phenylalanine)’ shall appear on the label in cases where aspartame/aspartame-acesulfame salt is designated in the list of ingredients only by reference to the E number. ‘contains a source of phenylalanine’ shall appear on the label in cases where aspartame/aspartame-acesulfame salt is designated in the list of ingredients by its specific name. |
|
2.4. Foods containing more than 10 % added polyols authorised pursuant to Regulation (EC) No 1333/2008. |
‘excessive consumption may produce laxative effects’. |
|
3. Foods containing glycyrrhizinic acid or its ammonium salt |
|
|
3.1. Confectionery or beverages containing glycyrrhizinic acid or its ammonium salt due to the addition of the substance(s) as such or the liquorice plant Glycyrrhiza glabra, at concentration of 100 mg/kg or 10 mg/l or above. |
‘contains liquorice’ shall be added immediately after the list of ingredients, unless the term ‘liquorice’ is already included in the list of ingredients or in the name of the food. In the absence of a list of ingredients, the statement shall accompany the name of the food. |
|
3.2. Confectionary containing glycyrrhizinic acid or its ammonium salt due to the addition of the substance(s) as such or the liquorice plant Glycyrrhiza glabra at concentrations of 4 g/kg or above. |
‘contains liquorice – people suffering from hypertension should avoid excessive consumption’ shall be added immediately after the list of ingredients. In the absence of a list of ingredients, the statement shall accompany the name of the food. |
|
3.3. Beverages containing glycyrrhizinic acid or its ammonium salt due to the addition of the substance(s) as such or the liquorice plant Glycyrrhiza glabra at concentrations of 50 mg/l or above, or of 300 mg/l or above in the case of beverages containing more than 1,2 % by volume of alcohol (1). |
‘contains liquorice – people suffering from hypertension should avoid excessive consumption’ shall be added immediately after the list of ingredients. In the absence of a list of ingredients, the statement shall accompany the name of the food. |
|
4. Beverages with high caffeine content or foods with added caffeine |
|
|
4.1. Beverages, with the exception of those based on coffee, tea or coffee or tea extract where the name of the food includes the term ‘coffee’ or ‘tea’, which: — are intended for consumption without modification and contain caffeine, from whatever source, in a proportion in excess of 150 mg/l, or, — are in concentrated or dried form and after reconstitution contain caffeine, from whatever source, in a proportion in excess of 150 mg/l, |
‘High caffeine content. Not recommended for children or pregnant or breast-feeding women’ in the same field of vision as the name of the beverage, followed by a reference in brackets and in accordance with Article 13(1) of this Regulation to the caffeine content expressed in mg per 100 ml. |
|
4.2. Foods other than beverages, where caffeine is added with a physiological purpose. |
‘Contains caffeine. Not recommended for children or pregnant women’ in the same field of vision as the name of the food, followed by a reference in brackets and in accordance with Article 13(1) of this Regulation to the caffeine content expressed in mg per 100 g/ml. In the case of food supplements, the caffeine content shall be expressed per portion as recommended for daily consumption on the labelling. |
|
5. Foods with added phytosterols, phytosterol esters, phytostanols or phytostanol esters |
|
|
5.1. Foods or food ingredients with added phytosterols, phytosterol esters, phytostanols or phytostanol esters. |
(1) ‘with added plant sterols’ or ‘with added plant stanols’ in the same field of vision as the name of the food; |
|
6. Frozen meat, frozen meat preparations and frozen unprocessed fishery products |
|
|
6.1. Frozen meat, frozen meat preparations and frozen unprocessed fishery products. |
the date of freezing or the date of first freezing in cases where the product has been frozen more than once, in accordance with point (3) of Annex X. |
|
(1)
The level shall apply to the products as proposed ready for consumption or as reconstituted according to the instructions of the manufacturers. |
|
ANNEX IV
DEFINITION OF x-HEIGHT
x-HEIGHT
Legend
|
1 |
Ascender line |
|
2 |
Cap line |
|
3 |
Mean line |
|
4 |
Baseline |
|
5 |
Descender line |
|
6 |
x-height |
|
7 |
Font size |
ANNEX V
FOODS WHICH ARE EXEMPTED FROM THE REQUIREMENT OF THE MANDATORY NUTRITION DECLARATION
1. Unprocessed products that comprise a single ingredient or category of ingredients;
2. Processed products which the only processing they have been subjected to is maturing and that comprise a single ingredient or category of ingredients;
3. Waters intended for human consumption, including those where the only added ingredients are carbon dioxide and/or flavourings;
4. A herb, a spice or mixtures thereof;
5. Salt and salt substitutes;
6. Table top sweeteners;
7. Products covered by Directive 1999/4/EC of the European Parliament and of the Council of 22 February 1999 relating to coffee extracts and chicory extracts ( 16 ), whole or milled coffee beans and whole or milled decaffeinated coffee beans;
8. Herbal and fruit infusions, tea, decaffeinated tea, instant or soluble tea or tea extract, decaffeinated instant or soluble tea or tea extract, which do not contain other added ingredients than flavourings which do not modify the nutritional value of the tea;
9. Fermented vinegars and substitutes for vinegar, including those where the only added ingredients are flavourings;
10. Flavourings;
11. Food additives;
12. Processing aids;
13. Food enzymes;
14. Gelatine;
15. Jam setting compounds;
16. Yeast;
17. Chewing-gums;
18. Food in packaging or containers the largest surface of which has an area of less than 25 cm2;
19. Food, including handcrafted food, directly supplied by the manufacturer of small quantities of products to the final consumer or to local retail establishments directly supplying the final consumer.
ANNEX VI
NAME OF THE FOOD AND SPECIFIC ACCOMPANYING PARTICULARS
PART A — MANDATORY PARTICULARS ACCOMPANYING THE NAME OF THE FOOD
1. The name of the food shall include or be accompanied by particulars as to the physical condition of the food or the specific treatment which it has undergone (for example, powdered, refrozen, freeze-dried, quick-frozen, concentrated, smoked) in all cases where omission of such information could mislead the purchaser.
2. In the case of foods that have been frozen before sale and which are sold defrosted, the name of the food shall be accompanied by the designation ‘defrosted’.
This requirement shall not apply to the following:
ingredients present in the final product;
foods for which freezing is a technologically necessary step of the production process;
foods for which the defrosting has no negative impact on the safety or quality of the food.
This point shall apply without prejudice to point 1.
3. Foods treated with ionising radiation shall bear one of the following indications:
‘irradiated’ or ‘treated with ionising radiation’, and other indications as stated in Directive 1999/2/EC of the European Parliament and of the Council of 22 February 1999 on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation ( 17 ).
4. In the case of foods in which a component or ingredient that consumers expect to be normally used or naturally present has been substituted with a different component or ingredient, the labelling shall bear — in addition to the list of ingredients — a clear indication of the component or the ingredient that has been used for the partial or whole substitution:
in close proximity to the name of the product; and
using a font size which has an x-height of at least 75 % of the x-height of the name of the product and which is not smaller than the minimum font size required in Article 13(2) of this Regulation.
5. In the case of meat products, meat preparations and fishery products containing added proteins as such, including hydrolysed proteins, of a different animal origin, the name of the food shall bear an indication of the presence of those proteins and of their origin.
6. In the case of meat products and meat preparations which have the appearance of a cut, joint, slice, portion or carcase of meat, the name of the food shall include an indication of the presence of added water if the added water makes up more than 5 % of the weight of the finished product. The same rules shall apply in the case of fishery products and prepared fishery products which have the appearance of a cut, joint, slice, portion, filet or of a whole fishery product.
7. Meat products, meat preparations and fishery products which may give the impression that they are made of a whole piece of meat or fish, but actually consist of different pieces combined together by other ingredients, including food additives and food enzymes or by other means, shall bear the following indication:
|
in Bulgarian |
: |
‘формовано месо’ and ‘формована риба’; |
|
in Spanish |
: |
‘elaborado a partir de piezas de carne’ and ‘elaborado a partir de piezas de pescado’; |
|
in Czech |
: |
‘ze spojovaných kousků masa’ and ‘ze spojovaných kousků rybího masa’; |
|
in Danish |
: |
‘Sammensat af stykker af kød’ and ‘Sammensat af stykker af fisk’; |
|
in German |
: |
‘aus Fleischstücken zusammengefügt’ and ‘aus Fischstücken zusammengefügt’; |
|
in Estonian |
: |
‘liidetud liha’ and ‘liidetud kala’; |
|
in Greek |
: |
‘μορφοποιημένο κρέας’ and ‘μορφοποιημένο ψάρι’; |
|
in English |
: |
‘formed meat’ and ‘formed fish’; |
|
in French |
: |
‘viande reconstituée’ and ‘poisson reconstitué’; |
|
in Irish |
: |
‘píosaí feola ceangailte’ and ‘píosaí éisc ceangailte’; |
|
in Italian |
: |
‘costituito da parti di carne’ and ‘costituito da parti di pesce’; |
|
in Latvian |
: |
‘formēta gaļa’ and ‘formēta zivs’; |
|
in Lithuanian |
: |
‘sudarytas (-a) iš mėsos gabalų’ and ‘sudarytas (-a) iš žuvies gabalų’; |
|
in Hungarian |
: |
‘darabokból újraformázott hús’ and ‘darabokból újraformázott hal’; |
|
in Maltese |
: |
‘laħam rikostitwit’ and ‘ħut rikostitwit’; |
|
in Dutch |
: |
‘samengesteld uit stukjes vlees’ and ‘samengesteld uit stukjes vis’; |
|
in Polish |
: |
‘z połączonych kawałków mięsa’ and ‘z połączonych kawałków ryby’; |
|
in Portuguese |
: |
‘carne reconstituída’ and ‘peixe reconstituído’; |
|
in Romanian |
: |
‘carne formată’ and ‘carne de pește formată’; |
|
in Slovak |
: |
‘zo spájaných kúskov mäsa’ and ‘zo spájaných kúskov ryby’; |
|
in Slovenian |
: |
‘sestavljeno, iz koščkov oblikovano meso’ and ‘sestavljene, iz koščkov oblikovane ribe’; |
|
in Finnish |
: |
‘paloista yhdistetty liha’ and ‘paloista yhdistetty kala’; |
|
in Swedish |
: |
‘sammanfogade bitar av kött’ and ‘sammanfogade bitar av fisk’. |
PART B — SPECIFIC REQUIREMENTS CONCERNING THE DESIGNATION OF ‘MINCED MEAT’
1. Composition criteria checked on the basis of a daily average:
|
|
Fat content |
Collagen/meat protein ratio (1) |
|
— lean minced meat, |
≤ 7 % |
≤ 12 % |
|
— minced pure beef, |
≤ 20 % |
≤ 15 % |
|
— minced meat containing pigmeat, |
≤ 30 % |
≤ 18 % |
|
— minced meat of other species, |
≤ 25 % |
≤ 15 % |
|
(1)
The collagen/meat protein ratio is expressed as the percentage of collagen in meat protein. The collagen content means the hydroxyproline content multiplied by a factor of 8. |
||
2. In addition to the requirements laid down in Chapter IV of Section V of Annex III to Regulation (EC) No 853/2004, the following expressions shall appear on the labelling:
3. The Member States may allow the placing on their national market of minced meat which does not comply with the criteria laid down in point 1 of this Part under a national mark that cannot be confused with the marks provided for in Article 5(1) of Regulation (EC) No 853/2004.
PART C — SPECIFIC REQUIREMENTS CONCERNING THE DESIGNATION OF SAUSAGE CASINGS
If a sausage casing is not edible, this must be indicated.
ANNEX VII
INDICATION AND DESIGNATION OF INGREDIENTS
PART A — SPECIFIC PROVISIONS CONCERNING THE INDICATION OF INGREDIENTS BY DESCENDING ORDER OF WEIGHT
|
Category of ingredient |
Provision concerning indication by weight |
|
1. Added water and volatile products |
Shall be listed in order of their weight in the finished product. The amount of water added as an ingredient in a food shall be calculated by deducting from the total amount of the finished product the total amount of the other ingredients used. This amount shall not be required to be taken into consideration if it does not exceed 5 % by weight of the finished product. This derogation does not apply to meat, meat preparations, unprocessed fishery products and unprocessed bivalve molluscs |
|
2. Ingredients used in concentrated or dehydrated form and reconstituted at the time of manufacture |
May be listed in order of weight as recorded before their concentration or dehydration |
|
3. Ingredients used in concentrated or dehydrated foods, which are intended to be reconstituted by the addition of water |
May be listed in order of proportion in the reconstituted product provided that the list of ingredients is accompanied by an expression, such as ‘ingredients of the reconstituted product’, or ‘ingredients of the ready-to-use product’ |
|
4. Fruit, vegetables or mushrooms, none of which significantly predominates in terms of weight and which are used in proportions that are likely to vary, used in a mixture as ingredients of a food |
May be grouped together in the list of ingredients under the designation ‘fruit’, ‘vegetables’ or ‘mushrooms’ followed by the phrase ‘in varying proportions’, immediately followed by a list of the fruit, vegetables or mushrooms present. In such cases, the mixture shall be included in the list of ingredients in accordance with Article 18(1), on the basis of the total weight of the fruit, vegetables or mushrooms present |
|
5. Mixtures of spices or herbs, where none significantly predominates in proportion by weight |
May be listed in different order provided that that list of ingredients is accompanied by an expression such as ‘in variable proportion’ |
|
6. Ingredients constituting less than 2 % of the finished product |
May be listed in a different order after the other ingredients |
|
7. Ingredients, which are similar or mutually substitutable, likely to be used in the manufacture or preparation of a food without altering its composition, its nature or its perceived value, and in so far as they constitute less than 2 % of the finished product |
May be referred to in the list of ingredients by means of the statement ‘contains … and/or …’, where at least one of no more than two ingredients is present in the finished product. This provision shall not apply to food additives or to ingredients listed in Part C of this Annex, and to substances or products listed in Annex II causing allergies or intolerances |
|
8. Refined oils of vegetable origin |
May be grouped together in the list of ingredients under the designation ‘vegetable oils’ followed immediately by a list of indications of specific vegetable origin, and may be followed by the phrase ‘in varying proportions’. If grouped together, vegetable oils shall be included in the list of ingredients in accordance with Article 18(1), on the basis of the total weight of the vegetable oils present. The expression ‘fully hydrogenated’ or ‘partly hydrogenated’, as appropriate, must accompany the indication of a hydrogenated oil |
|
9. Refined fats of vegetable origin |
May be grouped together in the list of ingredients under the designation ‘vegetable fats’ followed immediately by a list of indications of specific vegetable origin, and may be followed by the phrase ‘in varying proportions’. If grouped together, vegetable fats shall be included in the list of ingredients in accordance with Article 18(1), on the basis of the total weight of the vegetable fats present. The expression ‘fully hydrogenated’ or ‘partly hydrogenated’, as appropriate, must accompany the indication of a hydrogenated fat |
PART B — DESIGNATION OF CERTAIN INGREDIENTS BY THE NAME OF A CATEGORY RATHER THAN A SPECIFIC NAME
Without prejudice to Article 21, ingredients which belong to one of the categories of foods listed below and are constituents of another food may be designated by the name of that category rather than the specific name.
|
Definition of category of food |
Designation |
|||||||||||||||
|
1. Refined oils of animal origin |
‘Oil’, together with either the adjective ‘animal’, or the indication of specific animal origin. The expression ‘fully hydrogenated’ or ‘partly hydrogenated’, as appropriate, must accompany the indication of a hydrogenated oil |
|||||||||||||||
|
2. Refined fats of animal origin |
‘Fat’, together with either the adjective ‘animal’ or the indication of specific animal origin. The expression ‘fully hydrogenated’ or ‘partly hydrogenated’, as appropriate, must accompany the indication of a hydrogenated fat |
|||||||||||||||
|
3. Mixtures of flour obtained from two or more cereal species |
‘Flour’, followed by a list of the cereals from which it has been obtained, in descending order by weight |
|||||||||||||||
|
4. Starches, and starches modified by physical means or by enzymes |
‘Starch’ |
|||||||||||||||
|
5. All species of fish where the fish constitutes an ingredient of another food and provided that the name and presentation of such food does not refer to a specific species of fish |
‘Fish’ |
|||||||||||||||
|
6. All types of cheese where the cheese or mixture of cheeses constitutes an ingredient of another food and provided that the name and presentation of such food does not refer to a specific type of cheese |
‘Cheese’ |
|||||||||||||||
|
7. All spices not exceeding 2 % by weight of the food |
‘Spice(s)’ or ‘mixed spices’ |
|||||||||||||||
|
8. All herbs or parts of herbs not exceeding 2 % by weight of the food |
‘Herb(s)’ or ‘mixed herbs’ |
|||||||||||||||
|
9. All types of gum preparations used in the manufacture of gum base for chewing gum |
‘Gum base’ |
|||||||||||||||
|
10. All types of crumbed baked cereal products |
‘Crumbs’ or ‘rusks’ as appropriate |
|||||||||||||||
|
11. All types of sucrose |
‘Sugar’ |
|||||||||||||||
|
12. Anhydrous dextrose or dextrose monohydrate |
‘Dextrose’ |
|||||||||||||||
|
13. Glucose syrup and anhydrous glucose syrup |
‘Glucose syrup’ |
|||||||||||||||
|
14. All types of milk protein (caseins, caseinates and whey proteins) and mixtures thereof |
‘Milk proteins’ |
|||||||||||||||
|
15. Press, expeller or refined cocoa butter |
‘Cocoa butter’ |
|||||||||||||||
|
16. All types of wine as covered by Annex XIb to Regulation (EC) No 1234/2007 (1) |
‘Wine’ |
|||||||||||||||
|
17. Skeletal muscles (2) of mammalian and bird species recognised as fit for human consumption with naturally included or adherent tissue, where the total fat and connective tissue content does not exceed the values indicated below and where the meat constitutes an ingredient of another food. Maximum fat and connective tissue contents for ingredients designated by the term ‘… meat’
If these maximum limits are exceeded, but all other criteria for the definition of ‘meat’ are satisfied, the ‘… meat’ content must be adjusted downwards accordingly and the list of ingredients must mention, in addition to the term ‘… meat’, the presence of fat and/or connective tissue. The products covered by the definition of ‘mechanically separated meat’ are excluded from this definition |
‘… meat’ and the name(s) (3) of the animal species from which it comes |
|||||||||||||||
|
18. All types of products covered by the definition of ‘mechanically separated meat’ |
‘mechanically separated meat’ and the name(s) (3) of the animal species from which it comes |
|||||||||||||||
|
(1)
Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1).
(2)
The diaphragm and the masseters are part of the skeletal muscles, while the heart, tongue, the muscles of the head (other than the masseters), the muscles of the carpus, the tarsus and the tail are excluded.
(3)
For labelling in English, this designation may be replaced by the generic name of the ingredient for the animal species concerned. |
||||||||||||||||
PART C — DESIGNATION OF CERTAIN INGREDIENTS BY THE NAME OF THEIR CATEGORY FOLLOWED BY THEIR SPECIFIC NAME OR E NUMBER
Without prejudice to Article 21, food additives and food enzymes other than those specified in point (b) of Article 20 belonging to one of the categories listed in this Part must be designated by the name of that category, followed by their specific name or, if appropriate, E number. If an ingredient belongs to more than one of the categories, the category appropriate to the principal function in the case of the food in question shall be indicated.
PART D — DESIGNATION OF FLAVOURINGS IN THE LIST OF INGREDIENTS
1. Flavourings shall be designated either by the terms:
2. The term ‘natural’ for the description of flavourings shall be used in accordance with Article 16 of Regulation (EC) No 1334/2008.
3. Quinine and/or caffeine used as a flavouring in the production or preparation of a food shall be mentioned by name in the list of ingredients immediately after the term ‘flavouring(s)’.
PART E — DESIGNATION OF COMPOUND INGREDIENTS
1. A compound ingredient may be included in the list of ingredients, under its own designation in so far as this is laid down by law or established by custom, in terms of its overall weight, and immediately followed by a list of its ingredients.
2. Without prejudice to Article 21, the list of ingredients for compound ingredients shall not be compulsory:
where the composition of the compound ingredient is defined in current Union provisions, and in so far as the compound ingredient constitutes less than 2 % of the finished product; however, this provision shall not apply to food additives, subject to points (a) to (d) of Article 20;
for compound ingredients consisting of mixtures of spices and/or herbs that constitute less than 2 % of the finished product, with the exception of food additives, subject to points (a) to (d) of Article 20; or
where the compound ingredient is a food for which a list of ingredients is not required under Union provisions.
ANNEX VIII
QUANTITATIVE INDICATION OF INGREDIENTS
1. The quantitative indication shall not be required:
in respect of an ingredient or category of ingredients:
the drained net weight of which is indicated in accordance with point 5 of Annex IX;
the quantities of which must already appear on the labelling under Union provisions;
which is used in small quantities for the purposes of flavouring; or
which, while appearing in the name of the food, is not such as to govern the choice of the consumer in the country of marketing because the variation in quantity is not essential to characterise the food or does not distinguish it from similar foods;
where specific Union provisions stipulate precisely the quantity of an ingredient or of a category of ingredients without providing for the indication thereof on the labelling; or
in the cases referred to in points 4 and 5 of Part A of Annex VII.
2. Points (a) and (b) of Article 22(1) shall not apply in the case of:
any ingredient or category of ingredients covered by the indication ‘with sweetener(s)’ or ‘with sugar(s) and sweetener(s)’ if that indication accompanies the name of the food, pursuant Annex III; or
any added vitamin and mineral if that substance is subject to a nutrition declaration.
3. The indication of quantity of an ingredient or category of ingredients shall:
be expressed as a percentage, which shall correspond to the quantity of the ingredient or ingredients at the time of its/their use; and
appear either in or immediately next to the name of the food or in the list of ingredients in connection with the ingredient or category of ingredients in question.
4. By way of derogation from point 3:
where foods have lost moisture following heat treatment or other treatment, the quantity shall be expressed as a percentage which shall correspond to the quantity of the ingredient(s) used, related to the finished product, unless that quantity or the total quantity of all the ingredients indicated on the labelling exceeds 100 %, in which case the quantity shall be indicated on the basis of the weight of the ingredient(s) used to prepare 100 g of finished product;
the quantity of volatile ingredients shall be indicated on the basis of their proportion by weight in the finished product;
the quantity of ingredients used in concentrated or dehydrated form and reconstituted during manufacture may be indicated on the basis of their proportion by weight as recorded before their concentration or dehydration;
in the case of concentrated or dehydrated foods which are intended to be reconstituted by the addition of water, the quantity of the ingredients may be indicated on the basis of their proportion by weight in the reconstituted product.
ANNEX IX
NET QUANTITY DECLARATION
1. The net quantity declaration shall not be mandatory in the case of foods:
which are subject to considerable losses in their volume or mass and which are sold by number or weighed in the presence of the purchaser;
the net quantity of which is less than 5 g or 5 ml; however, this provision shall not apply to spices and herbs; or
normally sold by number, provided that the number of items can clearly be seen and easily counted from the outside or, if not, is indicated on the labelling.
2. Where the indication of a certain type of quantity (such as the nominal quantity, minimum quantity, or average quantity) is required by Union provisions or, where there are none, by national provisions, this quantity shall be regarded as the net quantity for the purposes of this Regulation.
3. Where a prepacked item consists of two or more individual prepacked items containing the same quantity of the same product, the net quantity shall be indicated by mentioning the net quantity contained in each individual package and the total number of such packages. The indication of those particulars shall not, however, be mandatory where the total number of individual packages can be clearly seen and easily counted from the outside and where at least one indication of the net quantity contained in each individual package can be clearly seen from the outside.
4. Where a prepacked item consists of two or more individual packages which are not regarded as units of sale, the net quantity shall be given by indicating the total net quantity and the total number of individual packages.
5. Where a solid food is presented in a liquid medium, the drained net weight of the food shall also be indicated. Where the food has been glazed, the declared net weight of the food shall be exclusive of the glaze.
For the purposes of this point, ‘liquid medium’ shall mean the following products, possibly in mixtures and also where frozen or quick-frozen, provided that the liquid is merely an adjunct to the essential elements of that preparation and is thus not a decisive factor for the purchase: water, aqueous solutions of salts, brine, aqueous solutions of food acids, vinegar, aqueous solutions of sugars, aqueous solutions of other sweetening substances, fruit or vegetable juices in the case of fruit or vegetables.
ANNEX X
DATE OF MINIMUM DURABILITY, ‘USE BY’ DATE AND DATE OF FREEZING
1. The date of minimum durability shall be indicated as follows:
the date shall be preceded by the words:
the words referred to in point (a) shall be accompanied by:
If need be, these particulars shall be followed by a description of the storage conditions which must be observed if the product is to keep for the specified period;
the date shall consist of the day, the month and possibly, the year, in that order and in uncoded form.
However, in the case of foods:
subject to Union provisions imposing other types of date indication, an indication of the date of minimum durability shall not be required for:
2. The ‘use by’ date shall be indicated as follows:
it shall be preceded by the words ‘use by …’;
the words in point (a) shall be accompanied by:
Those particulars shall be followed by a description of the storage conditions which must be observed;
the date shall consist of the day, the month and, possibly, the year, in that order and in uncoded form;
the ‘use by’ date shall be indicated on each individual prepacked portion.
3. The date of freezing or the date of first freezing as referred to in point 6 of Annex III shall be indicated as follows:
it shall be preceded by the words ‘Frozen on …’;
the words referred to in point (a) shall be accompanied by:
the date shall consist of the day, the month and the year, in that order and in uncoded form.
ANNEX XI
TYPES OF MEAT FOR WHICH THE INDICATION OF THE COUNTRY OF ORIGIN OR PLACE OF PROVENANCE IS MANDATORY
|
CN codes (Combined Nomenclature 2010) |
Description |
|
0203 |
Meat of swine, fresh, chilled or frozen |
|
0204 |
Meat of sheep or goats, fresh, chilled or frozen |
|
Ex 02 07 |
Meat of the poultry of heading 0105 , fresh, chilled or frozen |
ANNEX XII
ALCOHOLIC STRENGTH
The actual alcoholic strength by volume of beverages containing more than 1,2 % by volume of alcohol shall be indicated by a figure to not more than one decimal place. It shall be followed by the symbol ‘% vol.’ and may be preceded by the word ‘alcohol’ or the abbreviation ‘alc’.
The alcoholic strength shall be determined at 20 °C.
Positive and negative allowed tolerances in respect of the indication of the alcoholic strength by volume and expressed in absolute values shall be as listed in the following table. They shall apply without prejudice to the tolerances deriving from the method of analysis used for determining the alcoholic strength.
|
Description of beverage |
Positive or negative tolerance |
|
1. Beers of CN code 2203 00 having an alcoholic strength not exceeding 5,5 % vol.; still beverages falling within CN code 2206 00 obtained from grapes |
0,5 % vol. |
|
2. Beers having an alcoholic strength exceeding 5,5 % vol.; sparkling beverages falling within CN code 2206 00 obtained from grapes, ciders, perries, fruit wines and the like, obtained from fruit other than grapes, whether or not semi-sparkling or sparkling; mead |
1 % vol. |
|
3. Beverages containing macerated fruit or parts of plants |
1,5 % vol. |
|
4. Any other beverages containing more than 1,2 % by volume of alcohol |
0,3 % vol. |
ANNEX XIII
REFERENCE INTAKES
PART A — DAILY REFERENCE INTAKES FOR VITAMINS AND MINERALS (ADULTS)
1. Vitamins and minerals which may be declared and their nutrient reference values (NRVs)
|
Vitamin A (μg) |
800 |
|
Vitamin D (μg) |
5 |
|
Vitamin E (mg) |
12 |
|
Vitamin K (μg) |
75 |
|
Vitamin C (mg) |
80 |
|
Thiamin (mg) |
1,1 |
|
Riboflavin (mg) |
1,4 |
|
Niacin (mg) |
16 |
|
Vitamin B6 (mg) |
1,4 |
|
Folic acid (μg) |
200 |
|
Vitamin B12 (μg) |
2,5 |
|
Biotin (μg) |
50 |
|
Pantothenic acid (mg) |
6 |
|
Potassium (mg) |
2 000 |
|
Chloride (mg) |
800 |
|
Calcium (mg) |
800 |
|
Phosphorus (mg) |
700 |
|
Magnesium (mg) |
375 |
|
Iron (mg) |
14 |
|
Zinc (mg) |
10 |
|
Copper (mg) |
1 |
|
Manganese (mg) |
2 |
|
Fluoride (mg) |
3,5 |
|
Selenium(μg) |
55 |
|
Chromium (μg) |
40 |
|
Molybdenum (μg) |
50 |
|
Iodine (μg) |
150 |
2. Significant amount of vitamins and minerals
As a rule, the following values should be taken into consideration in deciding what constitutes a significant amount:
PART B — REFERENCE INTAKES FOR ENERGY AND SELECTED NUTRIENTS OTHER THAN VITAMINS AND MINERALS (ADULTS)
|
Energy or nutrient |
Reference intake |
|
Energy |
8 400 kJ/2 000 kcal |
|
Total fat |
70 g |
|
Saturates |
20 g |
|
Carbohydrate |
260 g |
|
Sugars |
90 g |
|
Protein |
50 g |
|
Salt |
6 g |
ANNEX XIV
CONVERSION FACTORS
CONVERSION FACTORS FOR THE CALCULATION OF ENERGY
The energy value to be declared shall be calculated using the following conversion factors:
|
— carbohydrate (except polyols), |
17 kJ/g — 4 kcal/g |
|
— polyols, |
10 kJ/g — 2,4 kcal/g |
|
— protein, |
17 kJ/g — 4 kcal/g |
|
— fat, |
37 kJ/g — 9 kcal/g |
|
— salatrims, |
25 kJ/g — 6 kcal/g |
|
— alcohol (ethanol), |
29 kJ/g — 7 kcal/g |
|
— organic acid, |
13 kJ/g — 3 kcal/g |
|
— fibre, |
8 kJ/g — 2 kcal/g |
|
— erythritol, |
0 kJ/g — 0 kcal/g |
ANNEX XV
EXPRESSION AND PRESENTATION OF NUTRITION DECLARATION
The units of measurement to be used in the nutrition declaration for energy (kilojoules (kJ) and kilocalories (kcal)) and mass (grams (g), milligrams (mg) or micrograms (μg)) and the order of presentation of the information, as appropriate, shall be the following:
|
energy |
kJ/kcal |
|
fat |
g |
|
of which |
|
|
— saturates, |
g |
|
— mono-unsaturates, |
g |
|
— polyunsaturates, |
g |
|
carbohydrate |
g |
|
of which |
|
|
— sugars, |
g |
|
— polyols, |
g |
|
— starch, |
g |
|
fibre |
g |
|
protein |
g |
|
salt |
g |
|
vitamins and minerals |
the units specified in point 1 of Part A of Annex XIII |
( 1 ) OJ L 139, 30.4.2004, p. 1.
( 2 ) OJ L 354, 31.12.2008, p. 7.
( 3 ) OJ L 354, 31.12.2008, p. 16.
( 4 ) OJ L 354, 31.12.2008, p. 34.
( 5 ) OJ L 139, 30.4.2004, p. 55.
( 6 ) OJ L 376, 27.12.2006, p. 21.
( 7 ) Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/2001 (OJ L 327, 11.12.2015, p. 1).
( 8 ) OJ L 93, 31.3.2006, p. 1.
( 9 ) OJ L 93, 31.3.2006, p. 12.
( 10 ) OJ L 183, 12.7.2002, p. 51.
( 11 ) OJ L 164, 26.6.2009, p. 45.
( 12 ) OJ L 124, 20.5.2009, p. 21.
( 13 ) OJ L 204, 21.7.1998, p. 37.
( *1 ) OJ L 304, 22.11.2011, p. 18 ’.
( *2 ) OJ L 304, 22.11.2011, p. 18 ’.
( 14 ) OJ L 314, 1.12.2009, p. 10.
( 15 ) And the products thereof, in so far as the process that they have undergone is not likely to increase the level of allergenicity assessed by the Authority for the relevant product from which they originated.
( 16 ) OJ L 66, 13.3.1999, p. 26.
( 17 ) OJ L 66, 13.3.1999, p. 16.
( 18 ) Only for processed cheeses and products based on processed cheeses.
( 19 ) The specific name or E number shall not be required to be indicated.