September 2011

New EU food labelling rules settled at last

The new Food Information Regulation will replace the current EU Food Labelling Directive.
In many respects food labelling rules will remain unchanged, but there will be significant
alterations in three key areas. It is those areas which have been causing the delay and
controversy, and in some cases a compromise has been reached on the basis that the
Commission will carry out further study with a view to introducing further legislation in
the future.

Minimum print size

The first key change is the introduction of a minimum font size of 1.2mm for the
“x – height” for all mandatory labelling information. If the largest surface of the food
package is less than 80cm2 then the minimum font size is reduced to 0.9mm.
What’s more, if the largest surface is less than 10cm2 then many of the mandatory
items of information need not be indicated at all, so long as the name of the food,
any allergens, the net quantity and the date of minimum durability are marked in the
minimum 0.9mm font.

Mandatory nutrition declaration

The proposed new rules on nutrition declarations are significantly less extensive
than had originally been planned. A nutrition declaration will become mandatory
for the first time on most products, but, contrary to earlier proposals, it need not
be carried on the front of the pack. The minimum declaration would be the energy
value and the amounts of fat, saturates, carbohydrates, protein, sugars and salt,
which must be given per 100g or 100ml. Declarations per portion will be permitted
in addition as will indications by reference to guideline daily amounts. Other nutrients
such as polyunsaturated and vitamins can also be included.

There are a number of provisions allowing for flexibility, such as the use of
additional graphical symbols, but in fact because of the conditions imposed on such
extra information the net effect may be to reduce manufacturers’ choice rather
than increase it.

Country of origin labelling

The final controversial area was mandatory country of origin labelling. Currently
such labelling is required for fresh beef, fruits and vegetables, honey, olive oil
and in other circumstances where a failure to give an indication of origin might
mislead consumers. Under the new legislation compulsory country of origin
labelling will also apply to fresh pig, sheep, goat and poultry meat. The European
Commission will adopt detailed implementing rules within two years after Regulation
enters into force, and must also submit a report about possible extension of
origin labelling to meat used as an ingredient in food products, and to other
products such as milk, milk used as an ingredient, single ingredient products
and products where an ingredient represents more than 50% of the food.

In essence what has happened is that most of the debate about country of origin
labelling has been postponed in order to get agreement on the rest of the Food
Information Regulation.


Other changes

More minor changes include a requirement to emphasise allergens by using a
type set that distinguishes them from the rest of the list of ingredients, and
a paragraph instructing the Commission to examine the possibility or requiring,
for the first time, alcoholic drinks to be bear a list of ingredients and nutrition
declarations, or at least an indication of energy value.

There will be a number of new special cases such as a requirement to give the
date of freezing of deep frozen products, specifying which vegetable oils have
been used in a product and indicating when water has been added to meat or fish.

The issue of trans fats is to be postponed – with the Commission instructed to
study further what measures might be appropriate – whether mandatory labelling
or an actual ban.

Entry into force

There is a good chance that the new Regulation will be agreed and published in
the Official Journal of the EU in late 2012. The new rules will become compulsory
three years after that publication date, save for the mandatory nutrition
declaration where the transitional period will be 5 years.

Action

The length of the transition periods gives food businesses plenty of time to
consider how to adapt labelling to the new rules. In some cases the best solution
may be a reformulation of the product, which would inevitably extend the lead time.
Prudent food and drink businesses will start work on the impact of the new Regulation
as soon as it is finalised.

Owen Warnock
Partner
Eversheds LLP
Tel: +44 1223 22 4282


Should you have any query in relation to this please do not hesitate to contact the author,
Owen Warnock (at Eversheds LLP in Cambridge, England), Peppe Santoro
(at Eversheds O'Donnell Sweeney in Dublin, Ireland) or your usual Eversheds contact.




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