Working Document prepared by the Commission services - does not prejudice the Commission's final decision
New Q&A items related to general labelling
21 February 2014
1. Does cider have to be labelled with a date of minimum durability? (Article 24, Annex X)
Concerning alcoholic beverages, the exemption to bear a date of minimum durability applies to:
- wines, liqueur wines, sparkling wines, aromatised wines, and similar products obtained from fruit other than grapes, and beverages falling within CN code 2206 00 obtained from grapes or grape musts,
- beverages containing 10 % or more by volume of alcohol,
Cider obtained by fermentation does not need to bear a date of minimum durability as it belongs to the category 'similar products obtained from fruit other than grapes'. However, cider obtained by the mixing of alcohol with fruit juice would be considered as a different product for which a date of minimum durability would be required.
2. How restricted are claims about the presence or the absence of ingredients or nutrients by the provision stating that food information shall not be misleading by suggesting that the food possesses special characteristics when in fact all similar foods possess such characteristics? (Article 7(c))
The provision in Article 7(c) does not prevent the use of either nutrition claims covered by Regulation (EC) No1924/2006 or ingredient claims but only prevent their use when they suggest a particularity of the food while it is not the case.In the case of a characteristic shared by similar products, such claim would still be possible if it makes clear that this characteristic is shared by these similar products.
Concerning the absence of ingredients or nutrients, for example, it would be prohibited to highlight the absence of sugars from mineral waters with claims such as 'sugars-free', as no mineral watercontain sugars.
3. What are the practical cases targeted by the provision stating that food information shall not be misleading when suggesting the presence of a certain ingredient or food, when, in reality, a component being naturally present or an ingredient normally used in that food has been substituted with a different component or a different ingredient? In such cases what is the correct labelling? (Article 7 (1)(d), Article 13(2)&(3), Annex VI(A)(4))
For example, in a confectionary or bakery product, whenchocolate is substituted by an imitation of chocolate, the chocolate-likeingredient could be labelled “taste chocolate”, “chocolate flavour” but not chocolate. In that case, the name of the product should be followed in close proximity by the name of the chocolate substitute, printed on the package or on the label in such a way so as to ensure clear legibility andusing a font size which has an x-height of a least 75% of the x-height of the name of the product and which is not smaller than 1,2 mm.Other examples could be imitation ham, meat analogs or a pesto-like sauce where pine nuts are replaced by other nuts.
4. The name of the food shall include or be accompanied by particulars as to the physical condition of the food or the specific treatment which it has undergone when the omission of this information could mislead the purchaser.Such treatment includes the refreezing of food. What are the conditions for a food and its manufacturing process to be considered as refrozen?(Annex VIA(1))
Some frozen foods,such as whole fish, need a defrosting step before they can be divided in selling units and packed, i.e fish filets. Such food will be considered as refrozen only when the organoleptic properties are affected.
5. For meat products, meat preparations and fishery products containing added proteins as such, included hydrolysed proteins, of a different animal origin, the name of the food shall bear an indication of the presence of those proteins and of their origin. How must the origin of the proteins of animal origin, especially those derived from fish, be expressed? (Annex VI (5))
Name of the species? Or would‘meat protein’, ‘fish protein’be sufficient? If different species are used, the name of each species?
6. Are mushrooms exempted frombeing labelled with a date of minimum durability? (Annex X(1)(d))
Fresh fruit and vegetables, including potatoes, which have not been peeled, cut or similarly treated are exempted from the requirement to bear a date of minimum durability. Similarly, because of their very close characteristics, mushrooms shall be considered as exempted, provided they are not peeled, cut or similarly treated.
7. For distance selling, the best before date and use by date and lot number must only be made available at the moment of delivery. Does this also apply to the date of freezing of meat and fish?(Article 14, Annex III)
Yes, the date of freezing of meat and fish is only required on the food label.
8. For distant selling, the mandatory food information shall be available before the purchase is concluded. What should be understood by 'before the purchase is concluded'? Shall the information be alreadyavailable in the context of a purchase offer? Shall the information be directly available or only upon request? (Article 14)
In the context of a product offer, when there is no possibility to buy the food directly, the information is not required; for example, in an advertising catalogue of products of a supermarket.
However, when the catalogue is the only piece of available information before the delivery of products, the catalogue shall include all the mandatory particulars.
Also, when there is the possibility to buy the product directly, for example, through a web-page on the internet, the mandatory information shall be available,
Option 1: directly associated with the main characteristics of the product, on the same web page.
Option 2: easily accessible by hyperlinks.
9. What is the meaning of direct sale in the provision for foods packed for direct sale on the sales premises? (Article 44)
Comment: possible criteria for the definition of direct sale:
-time
-location
10. Can the indication "quick frozen on [DATE]" be used to indicate the date of freezing on frozen foods?(Annex III(6))
No. Frozen meat, frozen meat preparations and frozen unprocessed fishery products have to be labelled with the date when they were frozen. There is no flexibility regarding the terms that can be used,and the date has to be preceded by “freezing date”.
11. Does the term “minced meat” in the designation “minced meat” referred to in the heading of Annex VI B refer to minced meat as defined in the Hygiene Regulation 853/2004 or is it the designation given to a product by the manufacturer in the name of the food?
Annex VI, Part B of the Regulation provides for criteria for the designation of "minced meat" for labelling purposes.To be designated as minced meat as a product or in the list of ingredient of a product, the meat shall fulfil these criteria. A product or an ingredient of a product not fulfilling such criteria shall be designated as meat preparation.
12. Would it be permissible to market a product not complying with the criteria for fat laid down in Annex VI, Part Bas ‘lean minced beef’ if a national mark in accordance with paragraph 3 appears on the product?
Yes, following paragraph 3 of Annex VI, Part B, Member States may allow the placing on their national market of minced meat which does not comply with the criteria laid down in paragraph 1 of this Part B of Annex VI under a national mark, but another designation than minced meat shall be determined.
13. Are the labelling requirements Annex VI, Part B paragraph 2 applicable in the case of products bearing a national mark in accordance with paragraph 3?
Yes, if a Member State allows the placing on its national market of minced meat which does not comply with the criteria laid down in paragraph 1 of Part B of Annex VI in the conditions specified in point 12, the following expressions shall appear on the labelling, in accordance with Paragraph 2 of Part B of Annex VI:
— ‘percentage of fat content under …’
— ‘collagen/meat protein ratio under …’
14. If minced meat is used as an ingredient and specifically listed as ‘minced meat’ (or, for example, ‘minced beef’, ‘minced pork’) in the ingredients list, does the minced meat used in the product need to comply with the Annex VI, Part B compositional criteria?
Yes, the composition criteria concerning the designation of ‘minced meat’ in paragraph 1in Part B of Annex VI apply to the designation of ‘minced meat’ not only when it is the designation of the food but also when it is an ingredient in the ingredient list of the food, as well as the labelling requirement of paragraph 2 of Part B of Annex VI.
15. Does the requirement to comply with the compositional criteria only apply if the food business operator uses any of the descriptors exactly “lean minced meat”, “minced pure beef”, “minced meat containing pigmeat”, or “minced meat of other species”?
The provisions of Annex VI, Part B criteria for fat and collagen apply where the designation of “minced meat” is used to market the product. So Annex VI, Part B relates to the actual name of the food, i.e. what it is called / its designation. The criteria apply in the case of foods labelled and presented as “minced meat”.
For products using similar names such as ‘mince’, ‘steak mince’, etc., whilst Annex VI Part B does not apply directly, Article 7 (misleading labelling) should apply. Such foods should also meet the Part B, point 1 composition criteria as otherwise the designation “mince” may be regarded as misleading under Article 7 of the Regulation because of the risk of consumers confusing the food with minced meat complying with the compositional criteria of Part B of the Annex.
For other descriptors used for a product that is not compliant with the point 1 criteria in Part B of Annex VI (e.g. ‘ground beef’) - the issue to be decided on is whether or not the descriptor used could mean that a consumer could be misled into thinking that the product is minced meat. If the consumer could be misled, then a non-compliant product should not be marketed under that descriptor and the descriptor should only be used if the point 1 criteria are complied with. Otherwise, the descriptor can be used without the need for the product to comply with the criteria in question.
An assessment on a case by case basis by the competent authorities would be necessary.
16. Do foods that contain an ingredient that itself contains caffeine have to be labelled with the statement 'Contains caffeine. Not recommended for children or pregnant women'? (Article 10, Annex III, point 4.2)
Annex III point 4.2 requires foods other than beverages, where caffeine is added with a physiological purpose to bear the statement 'Contain caffeine. Not recommended for children or pregnant women'.
This requirement is not limited to the cases where the caffeine is added as such but to any other cases where an ingredient containing caffeine is added with a physiological purpose. This would be the case for a food with guarana extract, which contains a high level of caffeine. However, chocolate, which contains low amounts of caffeine, would not be considered a source of caffeine with a physiological purpose when added as an ingredient. Therefore, any food containing chocolate as an ingredient would not have to bear this statement.
It should also be noted that for beverages with high caffeine content, other provisions require a different statement (see point 4.1 of Annex XIII).
17. Would it be permissible to use the indication ‘no added preservatives’ or ‘without addition of preservatives' on the label of a product "bread in slices" produced with a dried sourdough (fermented wheat flour) and where propionic acid is detected in the final product.
The question concerns the labelling of bread sold in slices with the use a dried sourdough, (fermented wheat flour).
On the basis of the information received, the use of this specific sourdough is exclusively aimed to act as an acidifier and flavor carrier for bread production, thus to attribute special organoleptic characteristics and to ensure a specific texture of the final product.
The actual preservation of the products in question is ensured by cooling and packaging in clean-room conditions. This technology is innovative and ensures the long shelf-life of the final products without the need of addition of preservatives. The desired shelf-life of the product is achieved through the cooling and packaging of the product in clean-room conditions.
However, propionic acid is detected in the final products as a result of the sourdough fermentation. The level of propionic acid in the final products has a range between 550 and 850 mg/kg depending on the type of the product. According to the additives legislation propionic acid can be added at maximum levels of 1000 to 3000 mg/kg.
Given that the preservation of the food is ensured by other means and that the sourdough is used for different purposes than the preservation, can it be considered that the indication “without addition of preservatives” is allowed to be used on the label of such products?
18. Would it be permissible to use the indication ‘no preservatives’ or ‘without preservatives' on the label of a food (bread - fine bakery ware)where an additive is used and declared for its principal function as an acidity regulator but which also has a non-principal preservative function.
According to Annex VII, Part C of Regulation (EU) No 1169/2011, food additives belonging to one of the categories listed in this Part must be designated by the name of that category, followed by their specific name or, if appropriate, E number. If an ingredient belongs to more than one of the categories, the category appropriate to the principal function in the case of the food in question shall be indicated.
Further, according to Regulation (EC) No 1333/2008 on food additives (Article 9) food additives may be assigned to one of the functional classes in Annex I of this Regulation on the basis of the principal technological function of the food additive. Allocating a food additive to a functional class shall not preclude it from being used for several functions.
In the case in question, a food contains sodium acetates(E262i& E262ii)(1) and in the ingredients’ list the declared principal technological function is acidity regulator. Would it be permissible the food mentioned above to use on its label indications such as ‘no preservatives’ or ‘without preservatives’ give that this additive has also a secondary preservative function in the final product? (The Codex General Standard for Food Additives (CODEX STAN 192-1995) provides the following functional classes for E262i: acidity regulator, preservative and sequestrant.), (CAC/GL 36-1989 (Functional classes of food additives, page 7 ).
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