Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to the consumer was published today.

The text consolidates and updates two areas of the legislation with respect to labelling: the general labelling of foodstuffs, regulated by directive 2000/13/CE, and nutritional labelling, the objective of directive 90/496/EEC.

The purpose of the Regulation is to obtain a high level of consumer health protection and to guarantee the consumer’s right to information to allow them to make informed decisions.

PRINCIPAL NOVELTIES

Obligatory nutritional information

Obligatory labelling on nutritional information is introduced for the majority of processed foods. The elements which must be declared are as follows: the energy value, fats, saturated fats, carbohydrates, sugars, proteins and salt; all these elements must be displayed in the same visual field. In addition, information relating to the energy value may be repeated in the main visual field alone or with the quantities of fats, saturated fats, sugars and salt. The expression "per 100 g or per 100 ml" must be used, to facilitate the comparison of products, and in addition the declaration "per portion" should be allowed and be of voluntary nature.

With respect to trans fatty acids, the European Commission shall submit a report, within a 3-year period, that may be accompanied by a legislative proposal.

The obligatory nutritional information may optionally be supplemented with the values of other nutrients including: monounsaturated and polyunsaturated fatty acids, polyalcohols, starch, food fibre, vitamins or minerals.

In addition the new regulation permits the indication of the energy value and the quantities of nutrients by means of other forms of expression (pictograms or symbols, such as the traffic light system), provided they comply with certain criteria, for example, that consumers find them comprehensible and that they do not create obstacles to the free movement of goods. Within six years the Commission shall submit a report on the advisability of further harmonisation.

Foods which are exempted from nutritional labelling

Alcoholic beverages containing more than 1.2% by volume in alcohol are currently exempt from the requirement to declare nutritional information and the list of ingredients. The Commission shall submit a report within three years from the effective date of the new regulation addressing whether alcoholic beverages should in future be covered, in particular by the requirement to provide information on the energy value.

Food which is not pre-packed is also exempt from nutritional labelling, unless the Member States decide otherwise at national level.

More legible labelling

Another of the points dealt with in the European regulation is that labelling must be clear and legible. For this purpose, a minimum font size is established for obligatory information of 1.2 mm. However, if the maximum surface of the package is less than 80 cm², the minimum size is reduced to 0.9 mm.

If it is less than 25 cm², nutritional information is not obligatory. On packages with a maximum surface area of less than 10 cm ², neither the nutritional information nor the list of ingredients is required.

Nevertheless, the name of the food, the presence of possible allergens, net quantity and the minimum shelf life must always be displayed, irrespective of the size of the package.

Country of origin

Another notable modification is the requirement to indicate the country of origin on the label.

Until now, this was only obligatory for fresh beef (requirement established during the BSE crisis) fruit and vegetables, honey, olive oil and failure to do so could be construed as misleading to consumers.

From now on, it is also mandatory for fresh swine, sheep, goat and poultry meat. Nevertheless, this point will be subject to the applicable clauses that the European Commission adopts two years after the coming into effect of the new regulation.

Within three years, the Commission shall submit a report that assesses the feasibility and analyses the costs and benefits of the indication of the country of origin or place of provenance for the following products: other types of meat, milk, milk used as an ingredient in dairy products, meat used as an ingredient, unprocessed foods, ingredients that represent more than 50% of a food.

Allergens

In packaged foods, information about allergens must be displayed in the list of ingredients, and shall be emphasised through a typeset that clearly distinguishes it from the rest of the list of ingredients (e.g. by means of the font, style or background colour). In the absence of a list of ingredients, the indication shall include the word “contains” followed by the name of the substance or product as listed in Annex II. (This Annex will be re-examined by the Commission, to take into account scientific progress and, where applicable the list shall be updated).

The Allergens shall also be indicated on unpackaged foods that are sold to the final consumer.

Vegetable oils and fats

Vegetable oils and fats may be grouped together in the list of ingredients under the designation "vegetable oils" or “vegetable fats”, followed by a list of indications of specific vegetable origin.

Nanomaterials

The definition of “engineered nanomaterial” is included and all ingredients present in the form of engineered nanomaterials shall be clearly labelled. Engineered nanomaterials shall be clearly displayed in the list of ingredients, followed by the word “nano” in brackets.

Transitional periods

The regulation establishes sufficiently long transitional periods to enable companies to adapt to the new measures: three years after the entry into force, except for article 9.1.l (mandatory nutritional labelling), which will be applicable five years after the entry into force.