EU – Baltic States, Foodstuff, Law and Regulations, Legislation, Lithuania, Markets and Companies

Regulation No 1169/2011 on the provision of information to consumers replaces and combines into one piece of legislation previous labeling rules deriving from Directive 2000/13/EC regarding labeling, presentation and advertising of foodstuffs and Directive 90/496/EEC on nutrition labeling of foodstuffs and other legislative acts for specific categories of foods.

 The EU Commissioner in charge of Health and Food Safety, Vytenis Andriukaitis underlined that thy new rules will improve food labeling rules for European citizens. Key content information will now be more clearly marked on labels, helping people make informed choices on the food they buy.

He stressed that the new rules would provide the consumers with clearer information, which in its turn, will be manageable for businesses as well.  

Key changes

Among key changes in the labeling rules are the following:

= Improved legibility of information (minimum font size for mandatory information);

= Clearer and harmonised presentation of allergens (e.g. soy, nuts, gluten, lactose) for prepacked foods (emphasis by font, style or background color) in the list of ingredients;

= Mandatory allergen information for non-prepacked food, including in restaurants and cafes;

= Requirement of certain nutrition information for majority of prepacked processed foods;

= Mandatory origin information for fresh meat from pigs, sheep, goats and poultry;

= Same labeling requirements for online, distance-selling or buying in a shop;

= List of engineered nanomaterials in the ingredients;

= Specific information on the vegetable origin of refined oils and fats;

= Strengthened rules to prevent misleading practices;

= Indication of substitute ingredient for 'Imitation' foods;

= Clear indication of "formed meat" or "formed fish"; and

= Clear indication of defrosted products.

However, rules relating to mandatory nutritional labeling for processed food will only apply from 13 December 2016.

Transitional period is over

Food business operators have been given three years to ensure a smooth transition towards the new labeling regime for prepacked and non-prepacked foods. In addition, the Regulation provides for exhaustion of stocks for foods placed on the market or labeled before 13 December 2014 (however, it does not include exhaustion of stocks of labels).

The Commission has been working together with businesses to ensure that the new rules will be properly implemented.

The rules on mandatory nutrition information will only apply from 13 December 2016. When however the nutrition declaration is provided on the labels after 13 December 2014, it shall comply with the rules of the Regulation.

The enforcement of EU labeling rules is entrusted to the member states and complaints should be addresses to the national competent authorities.

Work is also underway on developing an EU database to facilitate the identification of all EU and national mandatory labeling rules in a simple way. This will offer a user-friendly tool for all food business operators and for SME's to consult.

The work for the creation of the database should be carried out during 2015.

More information on food labeling:

= MEMO/14/2561

= http://ec.europa.eu/food/food/labellingnutrition/foodlabelling/index_en.htm

= http://ec.europa.eu/fisheries/documentation/publications/eu-new-fish-and-aquaculture-consumer-labels-pocket-guide_en.pdf

Source: European Commission, Press release   

“Food: EU consumers to benefit from better labeling as of 13 December 2014, in:  

http://europa.eu/rapid/press-release_IP-14-2560_en.htm?locale=en 

Commission’s information on food quality

Consumers, whether shopping on-line or in a supermarket, increasingly want clearer and more understandable food labeling to help them make informed choices on the food they eat. In addition, more and more people suffer from allergies.

Commission’s press release answers several questions: How is a teenager with a peanut allergy supposed to know what he can eat when dining out with friends? How someone who wants to reduce salt intake, knows which snack is the best option? How can consumers be assured of the origin of the meat they just bought?

New rules to address these sorts of issues and others will apply from 13 December 2014 across the EU.

The need for change in food labeling legislation

The current legislation on general food labeling dates back to 1978; nutrition labeling rules were adopted in 1990. Consumer demands and marketing practices have evolved significantly since then. EU consumers want to be better informed when purchasing food; they want labels that are understandable, accurate and not misleading.

After more than three years in the making, the new legislation will help consumers make informed decisions on the food they buy. It could also contribute to a better lifestyle and healthier choices.

Small and illegible information is also addressed in the new legislation. The rules require that mandatory information must be printed in a minimum font size and voluntary information (e.g. slogans or claims) must not be presented in a way that adversely affects the presentation of the mandatory information. Additional rules on legibility will also be established in the future.

The new rules help eat more healthy food

Clearer information on certain important nutritional characteristics of processed foods – energy, fat, saturated fat, carbohydrate, sugars, protein and salt – will be provided. This will enable consumers to compare foods before purchasing, helping them to make more informed dietary choices to meet their individual requirements. It will also be possible for information on selected nutrients to be included on the front of the package, which will make it easier for consumers to compare products when shopping.

Information for people suffering from allergies

The new rules strengthen the existing information on certain substances causing allergic reactions or intolerances. The aim is to inform and better protect the health of people with food allergies. Food businesses will need to provide such information on all foods.

However, it is up to the national authorities in EU states to decide the means by which such information should be provided.

Information requirements in buying food online or through distance-selling

The new rules explicitly state that when food is sold via distance communication, most of the mandatory information on the label shall be available before the purchase is concluded. This information shall appear on the material supporting the distance selling (webpage or catalogue) or through other appropriate means. This requirement takes full account of all ways of supplying food to consumers. In other words, information that is to be provided on food labels, is the same regardless of whether the product was bought online, through distance-selling means (for example a catalogue) or in a supermarket.

Better information on food origin

The new rules maintain, in general, the current approach: country of origin or place of provenance labeling on food is voluntary, unless its absence could mislead consumers.

The Regulation introduces mandatory origin labeling for fresh meat from sheep, goat, poultry and pigs.

The Commission has adopted implementing rules that determine the way the origin information is expressed. The rules, with some exemptions, provide that the EU states or third country where the animal was reared and slaughtered will appear on the label.

The country of origin or place of provenance of the main ingredients must also be listed if those ingredients originate from a different place than the finished product. For example, butter churned in Belgium from Danish milk could be labeled as "produced in Belgium from Danish milk." Those rules will protect consumers from misleading origin indications and will ensure a level playing field between food business operators.

The same is true about "authentic" or "fake" food, as counterfeiting of food and drink is a major concern. It can take various forms, such as adulterating a product by dilution or substitution of inferior ingredients or implying a false origin of the product.

The new rules will ensure that when a food is not exactly what it appears to be, relevant information will be provided to prevent consumers from being misled by a certain presentation or appearance. When some ingredients, normally expected to be in food, have been replaced by others, the substitute ingredients will be labeled prominently on the package and not only in the list of ingredients.

For meat and fish products, prominent information will be given on the presence of added water and of any added proteins of different animal origin. In addition, such foods when they give the impression that they are made of a whole piece of meat or fish, although they consist of different pieces combined together, will be labeled as "formed meat" or "formed fish."

For foods implying or indicating a false origin, the new rules set certain criteria to ensure that voluntary origin indications do not mislead consumers. Operators who make origin claims are required to provide further information so that people know where the characterising ingredient of the food actually comes from, not just the last country where the food was processed.

Main innovations introduced by Regulation No 1169/2011 on the provision of food information to consumers

All innovations will start to apply from 13 December 2014 with the exception of mandatory nutrition labeling which will be applicable from 13 December 2016.

Source: European Commission, Fact Sheet

“Questions and Answers on Food Information to Consumers”, MEMO/14/2561, Brussels, 11 December 2014, In:

http://europa.eu/rapid/press-release_MEMO-14-2561_en.htm