new rules on food labelling

The new EU Food Information Regulation which is directly applicable in all Member States came into force on 13 December 2011. However, transitional arrangements mean that most of the provisions will not apply until 13 December 2014 and the provisions relating to mandatory nutrition labelling will not apply until 13 December 2016.

This Regulation updates and extends the current EU directives on food labelling and nutrition declarations and replaces them with a single regulation.

Key elements of the new Regulation are:

  • ‘back of pack’ nutrition labelling of pre-packed food will be mandatory
  • compulsory country of origin labelling is extended to cover meat from sheep, goats, poultry and pigs. In addition, where claims are made concerning the origin of a food, further information on the origin of the main ingredients will have to be provided if these are different from the claim
  • mandatory labelling of allergens is extended so that it now applies to non pre-packed foods and foods sold in restaurants as well as pre-packed foods. For prepacked foods, the allergens will have to be highlighted in the ingredient list
  • a minimum font size has been set for all mandatory information on most food labels
  • drinks other than tea or coffee with a high caffeine content are additionally required to be labelled as not recommended for children, or pregnant and breastfeeding women, with the actual caffeine content given.
  • the specific vegetable origin of vegetable oils must be indicated
  • ‘imitation foods’ where a normal or natural ingredient has been substituted must be clearly labelled to indicate the ingredient used for substitution
  • ingredients present in the form of engineered nanomaterials must be clearly indicated by including the word ‘nano’ in brackets after the ingredient name
  • consumers buying foods via the internet, text messaging, phone, fax, interactive TV or mail order must be provided with all the mandatory information that appears on the label before the purchase is made
  • foods that have been frozen before sale and which are sold defrosted must bear the term ‘defrosted’ if not to do so would mislead or if the product would not be suitable for refreezing as a result of being defrosted
  • in the case of meat and fish products and preparations that look like a cut, joint, portion or slice, the name of the food must 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.

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.