Ordinance of the Minister of Agriculture

ORDINANCE OF THE MINISTER OF AGRICULTURE

AND RURAL DEVELOPMENT [(1)]

of December 16, 2002

on the labelling of foodstuffs and permitted additives

Pursuant to Article 15 (1) of the Act of December 21, 2000 on the commercial quality of agricultural and food products (The Official Journal of Laws of the Republic of Poland of 2001 No. 5, item 44 and No. 154, item 1802 and of 2002 No. 135, item 1145 and No. 166, item 1360) and Article 24 (5) of the Act of May 11, 2001 on health conditions for food and nutrition (The Official Journal of Laws of the Republic of Poland No. 63, item 634 and No. 128, item 1408 and of 2002, No. 135, item 1145) it is hereby decreed as follows:

Chapter 1

General Provisions

Article 1.

This Regulation regulates the detailed scope and manner of the labelling of foodstuffs and permitted additives, pre-packaged and without packaging, intended for the ultimate consumer as well as identifies the particulars to be shown on the packaging.

Detailed labelling of foodstuffs intended for particular nutritional uses shall be specified by separate provisions issued on the basis of paragraphs 3 and 4 of Article 10 of the Act of May 11, 2001 on health conditions for food and nutrition.

Chapter 2

Provisions Relating to Labelling of All Foodstuffs

and Permitted Additives

Article 2.

Notwithstanding paragraph 2 below, indication of at least the following particulars shall be compulsory on the labelling of individually packaged foodstuffs:

1)the name under which the foodstuff is sold;

2)the list of ingredients;

3)the date of minimum durability or the "use by" date;

4)instructions for preparation or use when it would be impossible to make appropriate use of the foodstuff in the absence of such instructions;

5)indication of:

a)producer/manufacturer of the foodstuff; or

b)seller of the foodstuff on the domestic market;

c)country in which the foodstuff has been produced or manufactured in the manner affecting the characteristics of the foodstuff when the absence of such information might mislead the consumer about the characteristics of the foodstuff;

6)the net quantity or number of individual items in the packaging;

7)storage conditions when the labelling includes the "use by" date and when the quality of the foodstuff might be significantly affected by the conditions of its storage;

8)identification of the lot to which the foodstuff belongs where lot means a batch of sales units of the foodstuff produced, manufactured or packaged under practically the same conditions;

9)commercial quality class where it is specified by the provisions laying down the detailed conditions for commercial quality of agricultural and food products or their groups or other commercial quality mark, if required under separate regulations.

Indication of the following particulars alone shall be allowed on the labelling of individually packaged foodstuffs with the package size not exceeding 10 square centimetres:

1)the name under which the foodstuff is sold;

2)the date of minimum durability or the "use by" date;

3)the net quantity or number of individual items in the packaging.

In the case of foodstuffs in a collective packaging intended for the ultimate consumer indication of the following particulars alone shall be compulsory on the label, band or tag attached to such collective packaging in a durable manner or directly on the packaging, unless the text of the labelling of individual packages can clearly be seen and easily read from the outside:

1)the name under which the foodstuff is sold;

2)the date of minimum durability or the "use by" date;

3)the net quantity of the foodstuff in the collective packaging, including the net quantity of the foodstuff in an individual package and the total number of such individual packages placed in the collective packaging where the number of items cannot clearly be seen from the outside;

4)indication of:

a)producer/manufacturer of the foodstuff, or

b)seller of the foodstuff on the domestic market,

5)identification of the lot referred to in paragraph 1, pt 8;

6)commercial quality class where it is specified by the provisions laying down the detailed conditions for commercial quality of agricultural and food products or their groups or other commercial quality mark, if required under separate regulations.

The provision of paragraph 1, pt 2 shall not apply to the following foodstuffs:

1)products comprising a single ingredient, where:

a)the trade name of the foodstuff is identical with the ingredient name, or

b)the trade name enables the nature of the ingredient to be clearly identified;

2)fresh fruit and vegetables, including potatoes, which have not been peeled, cut or similarly treated;

3)carbonated water, the description of which indicates that it has been carbonated;

4)fermentation vinegars derived exclusively from a single basic product, provided that no other ingredient has been added;

5)cheese, butter, fermented milk and cream, provided that no ingredient has been added other than lactic products, enzymes and micro-organism cultures essential to manufacture or the salt in the amount needed for the manufacture of cheese other than fresh cheese and processed cheese;

6)beer, wines and alcoholic beverages on the condition that where such products contain permitted additives the labelling shall include the list of such additives.

The provisions of paragraph 1, pt 3 and of paragraph 2, pt 2 shall not apply to butter and lard intended for storage in cold stores.

The provisions of paragraph 1, pt 3, paragraph 2, pt 2 and of paragraph 3, pt 2 shall not apply to the following foodstuffs:

1)fresh fruit and vegetables, including potatoes, which have not been peeled, cut or similarly treated, with the exception of sprouting seeds and legume sprouts;

2)wines;

3)beverages containing 10% or more by volume of alcohol;

4)sugar, with the exception of icing;

5)vinegar;

6)salt, with the exception of iodinated salt;

7)chewing gum;

8)confectionery products consisting almost solely of flavoured and/or coloured sugars such as lollipops;

9)baker's or pastry cooks' wares which are intended for consumption within 24 hours of their manufacture;

10)soft drinks, fruit juices, fruit nectars and alcoholic beverages in individual containers of more than 5 litres intended for supply to mass caterers;

11)individual portions of ice-cream.

Article 3.

The following shall be in addition indicated on the labelling of individually packaged foodstuffs:

1)"packed in modify atmosphere" where in the process of packaging of the foodstuff an inert gas has been used to extend the durability of the foodstuff;

2)"contains sweetening substance(s) for the foodstuffs containing one or more sweetening substances;

3)"contains sugar(s) and sweetening substance(s) for the foodstuffs containing both sugar or sugars and one or more sweetening substances;

4)"the source material for phenylalanine" for the foodstuffs containing aspartame;

5)"when consumed in excessive quantity may act as a laxative" for:

a)artificial sweeteners containing polyols;

b)foodstuffs other than artificial sweeteners with the polyols content exceeding 10%;

6)name of the plant species from which the starch has been obtained where the labelling of the foodstuff indicates the presence of starch modified by appropriate physical or enzymatic processes and where it may contain gluten.

The labelling of an artificial sweetener in an individual package shall in addition contain the following information: "artificial sweetener made of ...... " supplemented with the name of the sweetening substance being the source material for the sweetener.

The information referred to in paragraph 1, pt 2 and pt 3 shall be placed in the same field of vision as the name of the foodstuff.

Article 4.

The following additional information may be included in the labelling of foodstuffs:

1)"integrated production" or the abbreviation "IP" (integrated horticultural production) for fruit produced by means of environmentally sound production methods to minimise the adverse effects of the use of plant chemicals and artificial fertilisers where the producer has the documentary proof of the use of said method;

2)"product may be consumed by vegetarians" provided that the foodstuff does not contain any ingredients obtained from dead animals or no substances obtained from dead animals have been used in the manufacturing process;

3)"product may be consumed by vegans" provided that the foodstuff does not contain any animal products and no animal products have been used in the manufacturing process.

Article 5.

Notwithstanding paragraphs 3 and 4 of Article 7, the information referred to in Article 2(1), pt 2 shall be specified in the form of the list of ingredients of a foodstuff, including plant and animal protein to be traditionally added during the manufacturing process, hereinafter referred to as the "list of ingredients", designated by their specific name, in descending order of weight.

The list of ingredients shall be preceded by a suitable heading which includes the word "ingredients" or "composition".

In the case of a compound ingredient of the foodstuff constitutes 25 % or more of the finished product, the list of ingredients shall include the name of such compound ingredient together with all its ingredients in descending order of weight.

The following shall not be required to be included in the list of ingredients:

1)the constituents of an ingredient which have been temporarily separated during the manufacturing process and later reintroduced but not in excess of their original proportions;

2)permitted additives, other than flavours, whose presence in a given foodstuff is solely due to the fact that they were contained in one or more ingredients of that foodstuff, provided that they serve no technological function in the finished product;

3)substances which are used as processing aids;

4)substances used in the manufacturing process in the quantities strictly necessary as solvents, including extraction solvents or media for permitted additives or flavouring;

5)water added as an ingredient in a foodstuff:

a)where the water is used during the manufacturing process solely for the reconstitution of an ingredient used in concentrated or dehydrated form;

b)in the case of a liquid medium which is not normally consumed;

c)where such amount does not exceed 5 % by weight of the finished product.

In the case of the foodstuffs referred to in Article 2(4), pt 5 to which the ingredients other than listed in the quoted provision are added, the former shall be included in the list of ingredients preceded by the words "other ingredients".

Article 6.

Permitted additives included in the list of ingredients shall be designated by their specific name or symbol and technological function specified by the provisions of the regulation on permitted additives, processing aids and the conditions under which they may be added. Flavourings shall be designated either by the word "flavouring(s)" or by a more specific name or description of the flavouring.

The word "natural" or any other word having substantially the same meaning, also if the name refers to the foodstuff or source materials for flavourings may be used only in the cases specified by the provisions of the regulation on permitted additives, processing aids and the conditions under which they may be added.

For permitted additives, including flavourings, that have been genetically modified or have been produced from genetically modified organisms the information referred to in Article 11, paragraphs 3 and 4 of the Act of May 11, 2001 on health conditions for food and nutrition, shall appear in the list of ingredients, in parentheses, immediately after the indication of the permitted additive in question.

The information referred to in the previous paragraph may also appear in a prominently displayed footnote to the list of ingredients. It shall be printed in a font that is at least of the same size as that used for the list of ingredients itself.

For specified foodstuffs for which there is no list of ingredients, the information referred to in paragraph 3 shall appear clearly on the foodstuff's label.

Quinine or caffeine, used as a flavouring, shall be listed by name in the ingredients. Directly after the word "flavourings" the word "quinine" or "caffeine" shall be added, as appropriate.

Where a foodstuff which is intended for consumption without modification contains caffeine, from whatever source, in a proportion in excess of 150 mg/l, the following message must appear on the label in the same field of vision as the name under which the foodstuff is sold: "High caffeine content". This message shall be followed, in brackets, by the caffeine content expressed in mg/100 ml.

Paragraph 7 shall not apply to beverages based on coffee, tea or coffee or tea extract where the name under which the product is sold includes the indication that said beverage was based on coffee, tea or coffee or tea extract.

Article 7.

Added water constituting an ingredient of the foodstuff and volatile ingredients of such foodstuff shall be listed in descending order of their weight in the list of ingredients of said foodstuff. The amount of water added as an ingredient in a foodstuff shall be calculated by deducting from the total amount of said foodstuff the total amount of the other ingredients used for its production.

Ingredients of a foodstuff used in concentrated or dehydrated form and reconstituted at the time of manufacture may be listed in descending order of weight as recorded before their concentration or dehydration.

In the case of concentrated or dehydrated foodstuffs which are intended to be reconstituted by the addition of water, the ingredients may be listed in order of proportion in the reconstituted product provided that the list of ingredients is accompanied by an expression such as "ingredients of the reconstituted product", or "ingredients of the ready-to-use product".

In the case of mixtures of fruit, vegetables, herbs or spices where no particular ingredient significantly predominates in proportion by weight, those ingredients may be listed in another order provided that that list of ingredients is accompanied by an expression such as "in variable proportion".

Article 8.

In the list of ingredients ingredients may be designated by the name of the category to which they belong; the ingredients which may be designated by the name of the category to which they belong are specified in Annex 1 to this regulation.

Where one of the ingredients of a foodstuff is the meat of mammals and fowl, with the exception of mechanically recovered meat, it shall be designated in the list of ingredients by the word "meat" accompanied by the name of the species from which it has been obtained, provided that the fat and adjoining fatty tissues content of the meat does not exceed:

1)in the case of meat of mammals other than rabbits and porcine animals and the meat mixtures with the predominance of the meat of mammals, 25 % of fat and 25 % of adjoining fatty tissues;

2)in the case of the meat of porcine animals, 30 % of fat and 25 % of adjoining fatty tissues;

3)in the case of the meat of fowl and rabbits, 15 % of fat and 10 % of adjoining fatty tissues.

Where the maximum limit of fat and adjoining fatty tissues content referred to in the previous paragraph are exceeded, the word "meat" shall be accompanied by information on fax and adjoining fatty tissues content.

The adjoining fatty tissues content referred to in paragraph 2 shall be expressed by the collagen to meat protein ratio, whereas the collagen content shall be expressed by hydroxyproline content multiplied by 8.

Where one of the ingredients of a foodstuff is mechanically recovered meat, it shall be designated in the list of ingredients by the words "mechanically recovered meat" accompanied by the name of the species from which it has been obtained.

Where one of the ingredients of a foodstuff is a part of an animal or fowl body other than meat, it shall be designated in the list of ingredients by its name accompanied by the name of the species from which it has been obtained.

Article 9.

1.The quantity of an ingredient or category of ingredients of a pre-packaged foodstuff in individual packaging shall be stated:

1)where the ingredient or category of ingredients concerned appears in the name under which the foodstuff is sold or is usually associated with that name by the consumer;

2)where the ingredient or category of ingredients concerned is emphasised on the labelling in words, pictures or graphics;

3)where the ingredient or category of ingredients concerned is essential to characterise a foodstuff and to distinguish it from foodstuffs with which it might be confused because of its name or appearance.

2.The provision of the previous paragraph shall not apply to:

1)an ingredient or category of ingredients of a foodstuff where the drained net weight or total net weight of such ingredient or category of ingredient is indicated on the labelling;

2)an ingredient or category of ingredients which is used for the purposes of flavouring in small quantities not exceeding 2 % of the total weight of the foodstuff;

3)an ingredient or category of ingredients which, while appearing in the name under which the foodstuff is sold, is not such as to govern the choice of the consumer because the variation in quantity is not essential to characterise the foodstuff or does not distinguish it from similar foodstuffs;

4)in the mixtures of fruit, vegetables, nuts, spices or herbs where none of the ingredients significantly predominates in proportion by weight;

5)sweetening substances and sugar where the labelling of a foodstuff includes the information referred to in Article 3(1), pt 2 or pt 3;

6)vitamins and minerals where information on their content is included on the nutrition labelling.

Article 10.

The quantity of an ingredient or category of ingredients shall appear either in or immediately next to the name under which the foodstuff is sold or in the list of ingredients in connection with the ingredient or category of ingredients in question.

Notwithstanding paragraphs 3 and 4, the quantity of an ingredient or category of ingredients expressed as a percentage, shall correspond to the quantity of the ingredient or ingredients at the time of its/their use in the manufacturing process.

Where the quantity of an ingredient or the total of all ingredients used in the manufacturing of a finished products exceeds 100 %, the quantity of such ingredient shall be stated by giving the quantity of said ingredient used in manufacture of 100 g of the finished product.

The quantity of volatile ingredients shall be expressed as a percentage in the finished product.

The method of calculation of the quantity of an ingredient or category of ingredient in the finished product shall be specified in Annex 2 to this regulation.

Article 11.

The date of minimum durability of a foodstuff shall be indicated by the date stating the day, month and year in chronological form. However, in the case of foodstuffs:

1)which will not keep for more than three months, an indication of the day and the month will suffice;