1.Food information to consumers: EU rules and perspectives2008 Dario Dongo Regulative Policies, Federalimentare, manager dongo@federalimentare.it - GSM +39 335 7313 726 1

2. IndexIntroduction 1) Labelling, presentation and advertising offoodstuff (Dir. 2000/13/EC, 2008/5/EC) 2) Nutrition and health claims made on foods (ECReg. 1924/06) 3) food information to consumers, draft Regulation(COM(2008) 40 final) 2 3. Introduction Food legislation in all Member States derives from EC Directives and RegulationsThe main objective of these rules, traditionally, is to guarantee the free movement of goods (Art. 28-30 EC) in the MarketThe common denominator of food law worldwide is the Codex Alimentarius (FAO, WHO)3 4. Rules to be applied General (horizontal) rules: Dir. 2000/13/EC and furthermodifications, Dir. 2008/5/EC (additional particulars to be included on labels), Dir. 98/6/EC (indication of price), and others, shall apply to all foodsSpecial(vertical) rules: hundreds of specific rules, applied to single foods or food categories, integrate and/or partially repeal general rules4 5. 1) Labelling, presentation andadvertising of foodstuffDir. 2000/13/EC (consolidated text) +Dir. 2008/5/EC(additional particulars) 5 6. Scope Foodstuff to be delivered as such to the final consumer and mass caterers (ie. restaurants, canteens,) -> Pre-packaged and food sold loose are both includedNational rules actually provide some basic info to be transferred even in B2B sales, ie.: name under which the product is sold list of ingredients name and address of the producer/packager/retailer lot/stock/delivery6 7. The Golden PrincipleFood labels have to be readable and understandableTheir information must be clear and substanciated-> On this basis, information is divided intomandatory and optional 7 8. Mandatory info (1) In the same field of vision:the name under which theproduct is sold,physical condition accompanied by particulars as to the of the foodstuff or thespecific treatment which it has undergone (e.g. powdered, freeze-dried, deep-frozen, concentrated, smoked) in all cases where omission of such information could create confusion in the mind of the purchaser quantity (in case of prepackaged foods) net date of minimal durability [best before] or, in case of foodstuffs highly perishable from the microbiological point of view, use by date8 9. Mandatory info (2) list of ingredients, in descending order of weight, as recorded at the time of their use in the manufacture of the foodstuff name or business name and address of the manufacturer or packager, or of a seller established within the Community ->Member States may retain national provisions which require indication of the factory or packaging centre, in respect of home productionbatch code 9 10. Mandatory info (3) Depending on the treatment or composition: Treated with ionising radiation or irradiated Packaged in a protective atmosphere alcoholic strength by volume, for beveragescontaining more than 1,2% by volume of alcohol (inthe same field of name, quantity, durability) withsweetenersor withsugar(s)andsweetener(s) contains a source of phenylalanine (aspartame) 10 11. Mandatory info (4) Depending on the treatment or composition: caffeine and quinine, specific mention(excluding tea orcoffee-based drinks). High in caffeine (>150mg/litre) excessive consumption may produce laxativeeffects (added polyols >10%)contains liquorice (unless the term is already included inthe name or in the ingredients list). contains liquorice peoplesuffering from hypertension should avoid excessive consumption(glycyrrhizinic acid or its ammonium salt, or the plant, at certainconcentrations) GMO or GMO-derived (see EC Reg. 1829/03)11 12. Mandatory info (5) In particular cases:nutrition labelling, when nutrition information appears on labelling or advertising (with the exclusion of generic advertising)percentage ofthe characterisingingredient, where: - the ingredient or category of ingredients concerned appears in the name under which the foodstuff is sold or is usually associated - where the ingredient or category of ingredients concerned is emphasised on the labelling in words, pictures or graphics - where the ingredient or category of ingredients concerned is essential to characterise a foodstuff and to distinguish it from products with which it might be confused because of its name or appearance 12 13. Mandatory info (6)Particular storage conditions and conditions of use, when particular devices (depending on the nature of the product) are requiredInstructions for use, when it would be impossible to make appropriate use of the foodstuff in the absence of such instructionsPlace of origin or provenance of the product, where failure to give such particulars might mislead the consumer to a material degree as to the true origin or provenance (see EC Reg. 450/08, Art. 23-26)13 14. How to deliver informationMeans: - prepackaged foods -> labels - non-prepackaged foods -> Member States shall adopt detailed rules (and derogations) - B2B sales -> commercial documents (that accompany the food or to be sent before or at the same time as delivery)Language: the Member State in which the product is marketed may stipulate that information shall be given in one or more official languages of the Community14 15. Optional information Clear and accurate information. Must not:a) mislead the purchaser as to the characteristics ofthe foodstuff [] b) attribute to the foodstuff effects or propertieswhich it does not possess c) suggest that the product possesses specialcharacteristics, when in fact all similar productspossess the same characteristics d) attribute to the foodstuff the property of preventing,treating or curing diseases, or refer to suchproperties (with the exceptions of mineral watersand dietetic products)-> see also EC Reg. No. 1924/06, regarding nutrition& health claims15 16. The Allergens Directive(1)2003/89/EC Directive has modified the Labelling Directive (2000/13/CE) with regard to the indication of ingredients present in foodstuffsThe BASIC PRINCIPLE:Each ingredient or substance, used in the preparation of foodstuff and still present in the final product, even if in an alterate form, must be indicated in the label with its specific name, when it belongs or is derived from an allergenic ingredient This rule is applied to all foodstuffs, including alcoholic beverages 16 17. The Allergens Directive(2)List of allergens:Cereals containing gluten (ie. wheat, rye, barley, oat, spelt,and their hybrids)MilkEggsFish, shellfish, molluscsFishSoyDry fruit with shell (ie. almond, hazelnut, nut, peanut, cashewnut, pecan nut, brazil nut, pistachio, macadamia nut)SesameMustardCelery, CeleriacSulphurous anhydride (SO2), at concentration higher than 10mg/kg or 10 mg/litreLupin and products thereof 17 18. The Allergens Directive (3) NB: compound ingredients, in the list of ingredients, must be followed by the list of their ingredients -> ie. Biscuit - List of ingredients: flour, margarine (vegetable oils, hydrogenated vegetable oils, water, emulsifier , salt), sugar, NB: substances derived from allergens butexcluded from the requirement of specificmention of the allergenic ingredient: see Dir.2007/68/EC (new Annex 3a Dir. 2000/13/EC)18 19. The Allergens Directive (4) Impact on process:HACCP analysis must consider the risk of(cross) contamination with allergens and/ortheir derivatives, in all phases ofbuying (suppliers warranties + random analysis) stocking manufacturing packaging deposit transport distribution -> possible reformulation of the productImpact on label: -> It may contain 19 20. The Allergens Directive (5) Example 1: sandwich (UK) 20 21. The Allergens Directive(6)Example 2: cake (UK)21 22. 2) Nutrition & health claims made on foods (EC) Reg. No. 1924/0622 23. Nutrition & health claims EC Regulation No. 1924/06Scope: nutrition and health claims made in commercial communications, whether in the labelling, presentation or advertising of foods to be delivered as such to the final consumer -> TM, brand names, fancy names includedNutrition claim: any claim which states, suggests or implies that a food has particular beneficial nutritional properties due to: the energy (kcal) it provides; provides at a reduced or increased rate; or does not provide; and/or the nutrients or other substances it contains; contains in reduced or increased proportions; or does not containHealth claim: any claim that states, suggests or implies that a relationship exists between a food category, a food or one of its constituents and health 23 24. General principles The use of nutrition and health claims shall not: be false, ambiguous or misleading give rise to doubt about the safety and/or the nutritional adequacy of other foods encourage or condone excess consumption of a food state, suggest or imply that a balanced and varied diet cannot provide appropriate quantities of nutrients in general refer to changes in bodily functions which could give rise to or exploit fear in the consumer, either textually or through pictorial, graphic or symbolic representations (Art. 3) 24 25. General conditions the presence, absence or reduced content in a food or category of food of a nutrient or other substance in respect of which the claim is made has been shown to have a beneficial nutritional or physiological effect, as established bygenerally acceptedscientific evidence the nutrient or other substance for which the claim is made: - is contained/reduced/not present in the final product in a significant quantity - with reference to the amount of product that can reasonably be expected to be consumed in order to produce the nutritional or physiological effect claimed - is available to be used by the body (where applicable) the claim is understandable by the average consumer (Art. 5)25 26. Nutrition claims Nutrition claims shall only be permitted if they are listed in the Annex and are in conformity with the conditions set out in the Regulation Claims, as listed in the Annex, must be adapted to usage conditions, and they shall apply from 1 July 2007Nutrition claims which have been used in a Member State before 1 January 2006, in compliance with national provisions and which are not included in the Annex, may continue to be used until 19 January 2010 under the responsibility of food business operators26 27. Nutrition claims: Annex(1) LOW ENERGY: can be provided either on Front or Back of Pack 45 46. Nutrition labelling (3) Exemptions from mandatory nutrition labelling: single ingredients products (ie. raw meat, flour) wine, beer, spirits (review 5 years after entry into force) tea, coffee, spices, salt flavourings, food additives, enzymes, processing aids, gelatine, yeast small packages (largest surface