new labelling requirement for some food colours

From 20 July 2010, any food or drink which contains the colours Sunset yellow, Quinoline yellow, Carmosine, Allura red, Tartrazine or Ponceau 4 R must provide the following additional information on the food label – “name or E number of the colour(s): may have an adverse effect on the activity and attention in children”.

This additional labelling requirement applies to both prepacked food which is already required to be labelled with the name or E-number of any colours used in the product and products such as edible ices and flour confectionery that are currently required to have a notice in a prominent position near where they are sold stating they contain colour additives, if they contain any of the above colours.

The additional warning information is also required where one of the specified food colours is supplied directly to the consumer or when a colour is sold from one business to another, or when intermediate products containing these colours are sold business to business.

There are transitional provisions whereby foods placed on the market or labelled before 20 July 2010 which do not comply with this requirement may be marketed until their date of minimum durability or use by date.

Foods where the colour(s) has been used for the purposes of health or other marking on meat products of for stamping or decorative colouring on eggshells and drinks containing more than 1.2% by volume of alcohol, are exempt from the new labelling requirement.

For more information, please contact John Mitchell, partner in Blake Lapthorn's Food law team on 023 8085 7231 or email john.mitchell@bllaw.co.uk.