Valuable food information

Regulation (EU) 1169/2011 of the European Parliament and the Council (October 25) on the provision of food information to consumers was published in the Official Journal on November 22. For the first time, provisions for food labelling will become directly applicable throughout all member states of the European Union after December 14, 2014.

Consumers will do well to familiarise themselves with the labelling requirements...- John Attard Kingswell

The emphasis of this new legislation is on food information to the consumer. It is not solely intended to regulate the labelling of pre-packed food products as some provisions apply directly to non pre-packed food.

The definition of “food information” within the regulation means information on food made available to the consumer by means of a label, other accompanying material or any other means including modern technology tools or verbal communication. However, for ease of reference, I will still refer to product labelling in this article.

This regulation has been under discussion for a good number of years following the EU Directorate General for Health and Consumer Policy’s public consultation in 2006. At the time, the Commission received 175 responses (Com (2008) 40). Not surprisingly, the industry’s and NGOs’ demands varied.

Regulation (EU) 1169/2011 consolidates different areas of food labelling and repeals other directives. However, other specific legislation related to beef, genetically modified organisms, food supplements, fortified foods, foodstuffs intended for particular nutritional uses, protected designation of origin (PDOs) and protected geographical indication (PGIs), organic food and nutritional and health claims remain unchanged though linked to this regulation wherever necessary.

The basic labelling requirements for pre-packed products – such as the name of the food, list of ingredients, where necessary the quantitative indication of ingredients (QUID), net quantity, date of minimum durability, special conditions on use, details of manufacturer or packer or seller, place of origin (if leaving this out would mislead), instruction of use, alcoholic strength and the nutritional declaration, though in a specific format (as required) – remain unchanged or only slightly amended.

I will briefly describe the more fundamental changes.

Nutritional declaration shall become mandatory from December 13, 2016 except for certain foodstuffs listed in Annex V of the regulation.

Notwithstanding, where required by other specific legislation, as at present, the nutritional declaration should include the energy value and the amounts of fat, saturates, carbohydrates, sugars, proteins and salt in that order. This is slightly changed since “fat” has taken precedence at the top of the list.

Supplementary information as for other fatty acids, starch, fibre, vitamins or minerals may also be included.

With respect to trans-fats, the European Commission will complete a report within three years based on the scientific evidence on dietary habits in member states in order to determine the need for mandatory declaration for this item.

Article 33 also stipulates the addition to the present “per 100g” or “per 100ml” in the nutritional declaration of an indication for “per portion” or “per consumption unit”.

The European Commission intends to prepare a report based on consumption behaviour prior to introducing rules on how such an obligation can be implemented.

The format presentation of nutritional declaration gave rise to diverse opinions between the industry and consumer NGOs. For this purpose, article 34 requires that all nutritional particulars are presented in the same field of vision, in a clear format and in a set font size as indicated in article 13.

Member states will also be permitted to recommend to food businesses any other format and shall inform the Commission accordingly.

Additional nutritional information may be required to be provided if it is scientifically based and does not cause a barrier to trade.

Allergens result in a direct health risk and, therefore, the emphasis of such products in the regulation is welcomed.

Annex II lists the substances or products causing allergies or intolerances: cereals containing gluten such as wheat, nuts, peanuts, soybeans, milk, crustaceans, fish, eggs, celery, sesame seeds, mustard, sulphur dioxide, lupin and molluscs.

The current legislation requires packed products to contain an allergen warning if not listed in the ingredients list. The new rules demand that allergens should be clearly distinguishable in the ingredient list by, for example, a change in the typeset or a different background colour.

The new regulation allows allergen information to become mandatory for non pre-packed food, for example in the catering industry.

The regulation allows member states, through national rules, to decide the best means on how to pass this and other information required by this legislation to the consumer. The Maltese Food Safety Commission would be expected to advise the Minister of Health on this.

Experience has shown that some wording on the products’ labels is deemed illegible due to the small font size adopted. Regulation (EU) 1169/2011 has thus set a minimum font height requirement of 1.2 mm, with the exception that if the largest surface area is 80 cm or less, the font size may be reduced to 0.9 mm.

A new requirement under article 26 of this regulation is that the mandatory indication of the country of origin has been extended from beef to other meats, that is, pork, sheep, goats and poultry.

Malta, together with some other member states, has argued favourably at any opportunity for the introduction of this provision primarily because it is believed that the consumer has a right to such information.

The logistic application of this requirement is subject to implementing acts the Commission is bound to prepare by December 13, 2013 through its standing committees.

In addition, the Commission will prepare a report that will be submitted to the European Parliament and Council regarding mandatory indication of the country of origin for other meat types, milk, milk used as an ingredient in dairy products, unprocessed foods, single ingredient products and ingredients that represent more than 50 per cent of a food.

A year earlier, the Commission is to submit a similar report on the country of origin for meat used as an ingredient.

Added water in meat should be labelled prominently in order to assist the consumer to make better informed choices.

Regulation (EU) 1169/2011 is expected not only to align food information to the consumer among member states but will further afford a higher level of consumer protection while assisting in enhancing the free movement of foodstuffs within the internal market.

Consumers will do well to familiarise themselves with the labelling requirements, primarily those provisions that they know are of particular interest for their specific demands.

Needless to say, the industry should, without delay, commence its preparations for aligning its products’ labelling with this new regulation in order to meet consumers’ demands.

The authorities, through the Food Safety Commission, will undoubtedly offer their expertise and it would be no surprise that information sessions would be organised for the benefit of all stakeholders, that is everyone.

(With acknowledgment to Raymond O’Rourke who made a presentation at the annual conference on European food law held in Germany on November 21 and 22 .)

The author is director (environmental health) within the Ministry of Health, the Elderly and Community Care.