CELEX 32011R1169 en TXT
CELEX 32011R1169 en TXT
CELEX 32011R1169 en TXT
2011
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE (4) According to Regulation (EC) No 178/2002 of the
EUROPEAN UNION, European Parliament and of the Council of 28 January
2002 laying down the general principles and
requirements of food law, establishing the European
Food Safety Authority and laying down procedures in
Having regard to the Treaty on the Functioning of the European matters of food safety (3) it is a general principle of
Union, and in particular Article 114 thereof, food law to provide a basis for consumers to make
informed choices in relation to food they consume and
to prevent any practices that may mislead the consumer.
Whereas: (6) Union rules on food labelling applicable to all foods are
laid down in Directive 2000/13/EC of the European
Parliament and of the Council of 20 March 2000 on
the approximation of the laws of the Member States
(1) Article 169 of the Treaty on the Functioning of the relating to the labelling, presentation and advertising of
European Union (TFEU) provides that the Union is to foodstuffs (5). The majority of the provisions laid down in
contribute to the attainment of a high level of that Directive date back to 1978 and should therefore be
consumer protection by the measures it adopts updated.
pursuant to Article 114 thereof.
(9) While the original objectives and the core components of compulsory indication on the labelling of certain
the current labelling legislation are still valid, it is foodstuffs of particulars other than those provided for
necessary to streamline it in order to ensure easier in Directive 2000/13/EC of the European Parliament
compliance and greater clarity for stakeholders and to and of the Council (5).
modernise it in order to take account of new devel
opments in the field of food information. This Regulation
will both serve the interests of the internal market by
simplifying the law, ensuring legal certainty and reducing (13) It is necessary to set common definitions, principles,
administrative burden, and benefit citizens by requiring requirements and procedures so as to form a clear
clear, comprehensible and legible labelling of foods. framework and a common basis for Union and
national measures governing food information.
(20) Food information law should prohibit the use of (26) Food labels should be clear and understandable in order
information that would mislead the consumer in to assist consumers who want to make better-informed
particular as to the characteristics of the food, food food and dietary choices. Studies show that easy legibility
effects or properties, or attribute medicinal properties is an important element in maximising the possibility for
to foods. To be effective, that prohibition should also labelled information to influence its audience and that
apply to the advertising and presentation of foods. illegible product information is one of the main causes
of consumer dissatisfaction with food labels. Therefore, a
comprehensive approach should be developed in order to
take into account all aspects related to legibility,
(21) In order to prevent a fragmentation of the rules including font, colour and contrast.
concerning the responsibility of food business operators
with respect to food information it is appropriate to
clarify the responsibilities of food business operators in
this area. That clarification should be in accordance with
the responsibilities regarding the consumer referred to in (27) In order to ensure the provision of food information, it is
Article 17 of Regulation (EC) No 178/2002. necessary to consider all ways of supplying food to
consumers, including selling food by means of distance
communication. Although it is clear that any food
supplied through distance selling should meet the same
(22) A list should be drawn up of all mandatory information information requirements as food sold in shops, it is
which should in principle be provided for all foods necessary to clarify that in such cases the relevant
intended for the final consumer and mass caterers. That mandatory food information should also be available
list should maintain the information that is already before the purchase is concluded.
required under existing Union legislation given that it
is generally considered as a valuable acquis in respect of
consumer information.
(31) The indication of origin is currently mandatory for beef Regulation (EEC) No 2913/92 establishing the
and beef products (1) in the Union following the bovine Community Customs Code (8). Determination of the
spongiform encephalopathy crisis and it has created country of origin of foods will be based on those rules,
consumer expectations. The impact assessment of the which are well known to food business operators and
Commission confirms that the origin of meat appears administrations and should ease their implementation.
to be consumers’ prime concern. There are other meats
widely consumed in the Union, such as swine, sheep,
goat and poultrymeat. It is therefore appropriate to
impose a mandatory declaration of origin for those (34) The nutrition declaration for a food concerns
products. The specific origin requirements could differ information on the presence of energy and certain
from one type of meat to another according to the char nutrients in foods. The mandatory provision of
acteristics of the animal species. It is appropriate to nutrition information on packaging should assist
provide for the establishment through implementing nutrition actions as part of public health policies which
rules of mandatory requirements that could vary from could involve the provision of scientific recommen
one type of meat to another taking into account the dations for nutrition education for the public and
principle of proportionality and the administrative support informed food choices.
burden for food business operators and enforcement
authorities.
(39) To avoid unnecessary burdens on food business nutrition declaration for foods such as alcoholic
operators, it is appropriate to exempt from the beverages and non-prepacked foods that may be
mandatory provision of a nutrition declaration certain exempted from the nutrition declaration, the possibility
categories of foods that are unprocessed or for which should be given to declare only limited elements of the
nutrition information is not a determining factor for nutrition declaration. It is nevertheless appropriate to
consumers’ purchasing decisions, or for which the clearly establish the information that may be provided
packaging is too small to accommodate the mandatory on a voluntary basis in order to avoid misleading the
labelling requirements, unless the obligation to provide consumer by the free choice of the food business
such information is provided for under other Union operator.
rules.
(47) Experience shows that in many cases voluntary food should be updated to take this Regulation into account.
information is provided to the detriment of the clarity Regulations (EC) No 1924/2006 and (EC) No 1925/2006
of the mandatory food information. Therefore, criteria should therefore be amended accordingly.
should be provided to help food business operators
and enforcement authorities to strike a balance between
the provision of mandatory and voluntary food
information.
(54) Irregular and frequent updating of food information
requirements may impose considerable administrative
burdens on food businesses, especially small and
(48) Member States should retain the right, depending on medium-sized enterprises. It is therefore appropriate to
local practical conditions and circumstances, to lay ensure that measures that may be adopted by the
down rules in respect of the provision of information Commission in exercising the powers conferred by this
concerning non-prepacked foods. Although in such Regulation apply on the same day in any calendar year
cases the consumer demand for other information is following an appropriate transitional period. Derogations
limited, information on potential allergens is considered from this principle should be permitted in cases of
very important. Evidence suggests that most food allergy urgency where the purpose of the measures concerned
incidents can be traced back to non-prepacked food. is the protection of human health.
Therefore information on potential allergens should
always be provided to the consumer.
CHAPTER I (c) the definition of ‘food enzyme’ in point (a) of Article 3(2) of
GENERAL PROVISIONS Regulation (EC) No 1332/2008 of the European Parliament
and of the Council of 16 December 2008 on food
Article 1 enzymes (3);
Subject matter and scope
1. This Regulation provides the basis for the assurance of a
high level of consumer protection in relation to food (d) the definitions of ‘food additive’, ‘processing aid’ and ‘carrier’
information, taking into account the differences in the in points (a) and (b) of Article 3(2) of, and in point 5 of
perception of consumers and their information needs whilst Annex I to, Regulation (EC) No 1333/2008 of the European
ensuring the smooth functioning of the internal market. Parliament and of the Council of 16 December 2008 on
food additives (4);
3. This Regulation shall apply to food business operators at (f) the definitions of ‘meat’, ‘mechanically separated meat’,
all stages of the food chain, where their activities concern the ‘meat preparations’, ‘fishery products’ and ‘meat products’
provision of food information to consumers. It shall apply to all in points 1.1, 1.14, 1.15, 3.1 and 7.1 of Annex I to Regu
foods intended for the final consumer, including foods delivered lation (EC) No 853/2004 of the European Parliament and of
by mass caterers, and foods intended for supply to mass the Council of 29 April 2004 laying down specific hygiene
caterers. rules for food of animal origin (6);
This Regulation shall apply to catering services provided by (g) the definition of ‘advertising’ in point (a) of Article 2 of
transport undertakings when the departure takes place on the Directive 2006/114/EC of the European Parliament and of
territories of the Member States to which the Treaties apply. the Council of 12 December 2006 concerning misleading
and comparative advertising (7).
2. The following definitions shall also apply: (i) ‘label’ means any tag, brand, mark, pictorial or other
descriptive matter, written, printed, stencilled, marked,
embossed or impressed on, or attached to the packaging
or container of food;
(a) ‘food information’ means information concerning a food
and made available to the final consumer by means of a
label, other accompanying material, or any other means
including modern technology tools or verbal communi (j) ‘labelling’ means any words, particulars, trade marks, brand
cation; name, pictorial matter or symbol relating to a food and
placed on any packaging, document, notice, label, ring or
collar accompanying or referring to such food;
(g) ‘place of provenance’ means any place where a food is (p) ‘descriptive name’ means a name providing a description of
indicated to come from, and that is not the ‘country of the food, and if necessary of its use, which is sufficiently
origin’ as determined in accordance with Articles 23 to 26 clear to enable consumers to know its true nature and
of Regulation (EEC) No 2913/92; the name, business name distinguish it from other products with which it might be
or address of the food business operator on the label shall confused;
not constitute an indication of the country of origin or
place of provenance of food within the meaning of this
Regulation;
(q) ‘primary ingredient’ means an ingredient or ingredients of a
food that represent more than 50 % of that food or which
are usually associated with the name of the food by the
(h) ‘compound ingredient’ means an ingredient that is itself the consumer and for which in most cases a quantitative indi
product of more than one ingredient; cation is required;
L 304/26 EN Official Journal of the European Union 22.11.2011
(r) ‘date of minimum durability of a food’ means the date until taking into account, where appropriate, the need to protect
which the food retains its specific properties when properly the legitimate interests of producers and to promote the
stored; production of quality products.
(s) ‘nutrient’ means protein, carbohydrate, fat, fibre, sodium, 3. When food information law establishes new requirements,
vitamins and minerals listed in point 1 of Part A of a transitional period after the entry into force of the new
Annex XIII to this Regulation, and substances which requirements shall be granted, except in duly justified cases.
belong to or are components of one of those categories; During such transitional period, foods bearing labels not
complying with the new requirements may be placed on the
market, and stocks of such foods that have been placed on the
(t) ‘engineered nanomaterial’ means any intentionally market before the end of the transitional period may continue
produced material that has one or more dimensions of to be sold until exhausted.
the order of 100 nm or less or that is composed of
discrete functional parts, either internally or at the
surface, many of which have one or more dimensions of 4. An open and transparent public consultation shall be
the order of 100 nm or less, including structures, agglom conducted, including with stakeholders, directly or through
erates or aggregates, which may have a size above the order representative bodies, during the preparation, evaluation and
of 100 nm but retain properties that are characteristic of revision of food information law, except where the urgency
the nanoscale. of the matter does not allow it.
CHAPTER II (iii) the health impact, including the risks and consequences
related to harmful and hazardous consumption of a
GENERAL PRINCIPLES ON FOOD INFORMATION food;
Article 3
General objectives (c) information on nutritional characteristics so as to enable
1. The provision of food information shall pursue a high consumers, including those with special dietary
level of protection of consumers’ health and interests by requirements, to make informed choices.
providing a basis for final consumers to make informed
choices and to make safe use of food, with particular regard
to health, economic, environmental, social and ethical 2. When considering the need for mandatory food
considerations. information and to enable consumers to make informed
choices, account shall be taken of a widespread need on the
part of the majority of consumers for certain information to
2. Food information law shall aim to achieve in the Union which they attach significant value or of any generally accepted
the free movement of legally produced and marketed food, benefits to the consumer.
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Article 6
Article 8
Basic requirement
Responsibilities
Any food intended for supply to the final consumer or to mass
caterers shall be accompanied by food information in 1. The food business operator responsible for the food
accordance with this Regulation. information shall be the operator under whose name or
business name the food is marketed or, if that operator is not
established in the Union, the importer into the Union market.
Article 7
Fair information practices
2. The food business operator responsible for the food
1. Food information shall not be misleading, particularly: information shall ensure the presence and accuracy of the
food information in accordance with the applicable food
information law and requirements of relevant national
provisions.
(a) as to the characteristics of the food and, in particular, as to
its nature, identity, properties, composition, quantity, dura
bility, country of origin or place of provenance, method of
manufacture or production; 3. Food business operators which do not affect food
information shall not supply food which they know or
presume, on the basis of the information in their possession
(b) by attributing to the food effects or properties which it does as professionals, to be non-compliant with the applicable food
not possess; information law and requirements of relevant national
provisions.
7. In the following cases, food business operators, within the (f) the date of minimum durability or the ‘use by’ date;
businesses under their control, shall ensure that the mandatory
particulars required under Articles 9 and 10 shall appear on the (g) any special storage conditions and/or conditions of use;
prepackaging or on a label attached thereto, or on the
commercial documents referring to the foods where it can be (h) the name or business name and address of the food
guaranteed that such documents either accompany the food to business operator referred to in Article 8(1);
which they refer or were sent before or at the same time as
delivery: (i) the country of origin or place of provenance where
provided for in Article 26;
2. In order to ensure consumer information with respect to conspicuous place in such a way as to be easily visible, clearly
specific types or categories of foods and to take account of legible and, where appropriate, indelible. It shall not in any way
technical progress, scientific developments, the protection of be hidden, obscured, detracted from or interrupted by any other
consumers’ health or the safe use of a food, the Commission written or pictorial matter or any other intervening material.
may amend Annex III by means of delegated acts, in accordance
with Article 51.
2. Without prejudice to specific Union provisions applicable
to particular foods, when appearing on the package or on the
Where, in the case of the emergence of a risk to consumers’ label attached thereto, the mandatory particulars listed in
health, imperative grounds of urgency so require, the procedure Article 9(1) shall be printed on the package or on the label
provided for in Article 52 shall apply to delegated acts adopted in such a way as to ensure clear legibility, in characters using a
pursuant to this Article. font size where the x-height, as defined in Annex IV, is equal to
or greater than 1,2 mm.
Article 11
Weights and measures 3. In case of packaging or containers the largest surface of
which has an area of less than 80 cm2, the x-height of the font
Article 9 shall be without prejudice to more specific Union
size referred to in paragraph 2 shall be equal to or greater than
provisions regarding weights and measures.
0,9 mm.
Article 12
4. For the purpose of achieving the objectives of this Regu
Availability and placement of mandatory food information lation, the Commission shall, by means of delegated acts in
1. Mandatory food information shall be available and shall accordance with Article 51, establish rules for legibility.
be easily accessible, in accordance with this Regulation, for all
foods.
For the same purpose as referred to in the first subparagraph,
the Commission may, by means of delegated acts in accordance
2. In the case of prepacked food, mandatory food with Article 51, extend the requirements under paragraph 5 of
information shall appear directly on the package or on a label this Article to additional mandatory particulars for specific types
attached thereto. or categories of foods.
3. In order to ensure that consumers benefit from other 5. The particulars listed in points (a), (e) and (k) of
means of provision of mandatory food information better Article 9(1) shall appear in the same field of vision.
adapted for certain mandatory particulars, and provided that
the same level of information as by means of the package or
the label is ensured, the Commission, taking into account
evidence of uniform consumer understanding and of the wide 6. Paragraph 5 of this Article shall not apply in the cases
use of these means by consumers, may establish, by means of specified in Article 16(1) and (2).
delegated acts in accordance with Article 51, criteria subject to
which certain mandatory particulars may be expressed by
means other than on the package or on the label. Article 14
Distance selling
4. For the purposes of ensuring the uniform implementation
1. Without prejudice to the information requirements laid
of paragraph 3 of this Article, the Commission may adopt
down in Article 9, in the case of prepacked foods offered for
implementing acts on the modalities of application of the
sale by means of distance communication:
criteria referred to in paragraph 3 in order to express certain
mandatory particulars by means other than on the package or
on the label. Those implementing acts shall be adopted in
accordance with the examination procedure referred to in (a) mandatory food information, except the particulars
Article 48(2). provided in point (f) of Article 9(1), shall be available
before the purchase is concluded and shall appear on the
material supporting the distance selling or be provided
5. In the case of non-prepacked food, the provisions of through other appropriate means clearly identified by the
Article 44 shall apply. food business operator. When other appropriate means are
used, the mandatory food information shall be provided
without the food business operator charging consumers
Article 13 supplementary costs;
2. In the case of non-prepacked foods offered for sale by taking into account the need to ensure coherence with other
means of distance communication, the particulars required relevant Union policies. In this context, the Commission shall
under Article 44 shall be made available in accordance with consider the need to propose a definition of ‘alcopops’.
paragraph 1 of this Article.
Article 15
SECTION 2
Language requirements
Detailed provisions on mandatory particulars
1. Without prejudice to Article 9(3), mandatory food
information shall appear in a language easily understood by Article 17
the consumers of the Member States where a food is marketed.
Name of the food
1. The name of the food shall be its legal name. In the
2. Within their own territory, the Member States in which a absence of such a name, the name of the food shall be its
food is marketed may stipulate that the particulars shall be customary name, or, if there is no customary name or the
given in one or more languages from among the official customary name is not used, a descriptive name of the food
languages of the Union. shall be provided.
2. In the case of packaging or containers the largest surface 3. In exceptional cases, the name of the food in the Member
of which has an area of less than 10 cm2 only the particulars State of production shall not be used in the Member State of
listed in points (a), (c), (e) and (f) of Article 9(1) shall be marketing when the food which it designates in the Member
mandatory on the package or on the label. The particulars State of production is so different, as regards its composition or
referred to in point (b) of Article 9(1) shall be provided manufacture, from the food known under that name in the
through other means or shall be made available at the request Member State of marketing that paragraph 2 is not sufficient
of the consumer. to ensure, in the Member State of marketing, correct
information for consumers.
4. Without prejudice to other Union provisions requiring a 5. Specific provisions on the name of the food and
list of ingredients or a mandatory nutrition declaration, the particulars that shall accompany it are laid down in Annex VI.
particulars referred to in points (b) and (l) of Article 9(1)
shall not be mandatory for beverages containing more than
1,2 % by volume of alcohol.
Article 18
List of ingredients
By 13 December 2014, the Commission shall produce a report
concerning the application of Article 18 and Article 30(1) to 1. The list of ingredients shall be headed or preceded by a
the products referred to in this paragraph, and addressing suitable heading which consists of or includes the word
whether alcoholic beverages should in future be covered, in ‘ingredients’. It shall include all the ingredients of the food, in
particular, by the requirement to provide the information on descending order of weight, as recorded at the time of their use
the energy value, and the reasons justifying possible exemptions, in the manufacture of the food.
22.11.2011 EN Official Journal of the European Union L 304/31
5. For the purposes of achieving the objectives of this Regu (b) food additives and food enzymes:
lation, the Commission shall, by means of delegated acts in
accordance with Article 51, adjust and adapt the definition of
engineered nanomaterials referred to in point (t) of Article 2(2) (i) whose presence in a given food is solely due to the fact
to technical and scientific progress or to definitions agreed at that they were contained in one or more ingredients of
international level. that food, in accordance with the carry-over principle
referred to in points (a) and (b) of Article 18(1) of
Regulation (EC) No 1333/2008, provided that they
Article 19
serve no technological function in the finished
Omission of the list of ingredients product; or
1. The following foods shall not be required to bear a list of
ingredients: (ii) which are used as processing aids;
(a) fresh fruit and vegetables, including potatoes, which have (c) carriers and substances which are not food additives but are
not been peeled, cut or similarly treated; used in the same way and with the same purpose as carriers,
and which are used in the quantities strictly necessary;
(b) carbonated water, the description of which indicates that it
has been carbonated; (d) substances which are not food additives but are used in the
same way and with the same purpose as processing aids and
are still present in the finished product, even if in an altered
(c) fermentation vinegars derived exclusively from a single basic
form;
product, provided that no other ingredient has been added;
(e) water:
(d) cheese, butter, fermented milk and cream, to which no
ingredient has been added other than lactic products, food
enzymes and micro-organism cultures essential to manu
(i) where the water is used during the manufacturing
facture, or in the case of cheese other than fresh cheese
process solely for the reconstitution of an ingredient
and processed cheese the salt needed for its manufacture;
used in concentrated or dehydrated form; or
Article 25
(c) is essential to characterise a food and to distinguish it from Storage conditions or conditions of use
products with which it might be confused because of its
name or appearance. 1. In cases where foods require special storage conditions
and/or conditions of use, those conditions shall be indicated.
3. Where the country of origin or the place of provenance of The Commission may accompany those reports with proposals
a food is given and where it is not the same as that of its to modify the relevant Union provisions.
primary ingredient:
(a) types of meat other than beef and those referred to in point Article 27
(b) of paragraph 2; Instructions for use
(1) OJ L 93, 31.3.2006, p. 1. 1. The instructions for use of a food shall be indicated in
(2) OJ L 93, 31.3.2006, p. 12. such a way as to enable appropriate use to be made of the food.
L 304/34 EN Official Journal of the European Union 22.11.2011
2. The Commission may adopt implementing acts setting out Where appropriate, a statement indicating that the salt content
detailed rules concerning the implementation of paragraph 1 for is exclusively due to the presence of naturally occurring sodium
certain foods. Those implementing acts shall be adopted in may appear in close proximity to the nutrition declaration.
accordance with the examination procedure referred to in
Article 48(2).
2. The content of the mandatory nutrition declaration
referred to in paragraph 1 may be supplemented with an indi
Article 28 cation of the amounts of one or more of the following:
Alcoholic strength
1. The rules concerning indication of the alcoholic strength (a) mono-unsaturates;
by volume shall, in the case of products classified in CN code
2204, be those laid down in the specific Union provisions
applicable to such products. (b) polyunsaturates;
Nutrition declaration
(f) any of the vitamins or minerals listed in point 1 of Part A
Article 29 of Annex XIII, and present in significant amounts as defined
Relationship with other legislation in point 2 of Part A of Annex XIII.
1. This Section shall not apply to foods falling within the
scope of the following legislation: 3. Where the labelling of a prepacked food provides the
mandatory nutrition declaration referred to in paragraph 1,
the following information may be repeated thereon:
(a) Directive 2002/46/EC of the European Parliament and of
the Council of 10 June 2002 on the approximation of
the laws of the Member States relating to food (a) the energy value; or
supplements (1);
(b) the energy value together with the amounts of fat, saturates,
(b) Directive 2009/54/EC of the European Parliament and of sugars, and salt.
the Council of 18 June 2009 on the exploitation and
marketing of natural mineral waters (2).
4. By way of derogation from Article 36(1), where the
labelling of the products referred to in Article 16(4) provides
2. This Section shall apply without prejudice to Directive a nutrition declaration, the content of the declaration may be
2009/39/EC of the European Parliament and of the Council limited to the energy value only.
of 6 May 2009 on foodstuffs intended for particular nutritional
uses (3) and specific Directives as referred to in Article 4(1) of
that Directive. 5. Without prejudice to Article 44 and by way of derogation
from Article 36(1), where the labelling of the products referred
to in Article 44(1) provides a nutrition declaration, the content
Article 30 of that declaration may be limited only to:
Content
1. The mandatory nutrition declaration shall include the (a) the energy value; or
following:
(b) the energy value together with the amounts of fat, saturates,
(a) energy value; and sugars, and salt.
(b) the amounts of fat, saturates, carbohydrate, sugars, protein 6. In order to take account of the relevance of particulars
and salt. referred to in paragraphs 2 to 5 of this Article for the
information of consumers, the Commission may, by means of
(1) OJ L 183, 12.7.2002, p. 51. delegated acts, in accordance with Article 51, amend the lists in
(2) OJ L 164, 26.6.2009, p. 45. paragraphs 2 to 5 of this Article, by adding or removing
(3) OJ L 124, 20.5.2009, p. 21. particulars.
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7. By 13 December 2014, the Commission, taking into 2. The energy value and the amount of nutrients referred to
account scientific evidence and experience acquired in Member in Article 30(1) to (5) shall be expressed per 100 g or per
States, shall submit a report on the presence of trans fats in 100 ml.
foods and in the overall diet of the Union population. The aim
of the report shall be to assess the impact of appropriate means
that could enable consumers to make healthier food and overall
3. When provided, the declaration on vitamins and minerals
dietary choices or that could promote the provision of healthier
shall, in addition to the form of expression referred to in
food options to consumers, including, among others, the
paragraph 2, be expressed as a percentage of the reference
provision of information on trans fats to consumers or
intakes set out in point 1 of Part A of Annex XIII in relation
restrictions on their use. The Commission shall accompany
to per 100 g or per 100 ml.
this report with a legislative proposal, if appropriate.
Article 32
Expression per 100 g or per 100 ml When the amounts of nutrients are expressed on the basis of
per portion or per consumption unit alone in accordance with
1. The energy value and the amount of nutrients referred to the first subparagraph, the energy value shall be expressed per
in Article 30(1) to (5) shall be expressed using the measurement 100 g or per 100 ml and on the basis of per portion or per
units listed in Annex XV. consumption unit.
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3. By way of derogation from Article 32(2), in the cases regarding the energy value and amounts of nutrients referred
referred to in Article 30(5) the energy value and the amount to in Article 30(1) to (5) which can be regarded as negligible.
of nutrients and/or the percentage of the reference intakes set Those implementing acts shall be adopted in accordance with
out in Part B of Annex XIII may be expressed on the basis of the examination procedure referred to in Article 48(2).
per portion or per consumption unit alone.
2. The particulars referred to in Article 30(1) and (2) shall be (b) their development is the result of consultation with a wide
presented, if space permits, in tabular format with the numbers range of stakeholder groups;
aligned. Where space does not permit, the declaration shall
appear in linear format.
(c) they aim to facilitate consumer understanding of the
contribution or importance of the food to the energy and
3. The particulars referred to in Article 30(3) shall be nutrient content of a diet;
presented:
4. The particulars referred to in Article 30(4) and (5) may be (f) they are objective and non-discriminatory; and
presented in a format different from that specified in paragraph
2 of this Article.
(g) their application does not create obstacles to the free
movement of goods.
5. In cases where the energy value or the amount of
nutrient(s) in a product is negligible, the information on those
elements may be replaced by a statement such as ‘Contains 2. Member States may recommend to food business
negligible amounts of …’ and shall be indicated in close operators the use of one or more additional forms of expression
proximity to the nutrition declaration when present. or presentation of the nutrition declaration that they consider as
best fulfilling the requirements laid down in points (a) to (g) of
paragraph 1. Member States shall provide the Commission with
In order to ensure the uniform implementation of this the details of such additional forms of expression and presen
paragraph, the Commission may adopt implementing acts tation.
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3. Member States shall ensure an appropriate monitoring of (c) it shall, where appropriate, be based on the relevant
additional forms of expression or presentation of the nutrition scientific data.
declaration that are present on the market in their territory.
(a) it shall not mislead the consumer, as referred to in Article 7; 2. Without prejudice to Article 39, Member States may
adopt national measures concerning matters not specifically
harmonised by this Regulation provided that they do not
(b) it shall not be ambiguous or confusing for the consumer; prohibit, impede or restrict the free movement of goods that
and are in conformity with this Regulation.
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Article 40
(b) the provision of other particulars referred to in Articles 9
Milk and milk products and 10 is not mandatory unless Member States adopt
Member States may adopt measures derogating from national measures requiring the provision of some or all
Article 9(1) and Article 10(1) in the case of milk and milk of those particulars or elements of those particulars.
products presented in glass bottles intended for reuse.
They shall communicate to the Commission the text of those 2. Member States may adopt national measures concerning
measures without delay. the means through which the particulars or elements of those
particulars specified in paragraph 1 are to be made available
and, where appropriate, their form of expression and presen
tation.
Article 41
Alcoholic beverages
Member States may, pending the adoption of the Union 3. Member States shall communicate to the Commission the
provisions referred to in Article 16(4), maintain national text of the measures referred to in point (b) of paragraph 1 and
measures as regards the listing of ingredients in the case of in paragraph 2 without delay.
beverages containing more than 1,2 % by volume of alcohol.
Article 42 Article 45
Expression of the net quantity Notification procedure
In the absence of Union provisions referred to in Article 23(2) 1. When reference is made to this Article, the Member State
concerning the expression of net quantity for specified foods in which deems it necessary to adopt new food information legis
a different manner to that provided for in Article 23(1), lation shall notify in advance the Commission and the other
Member States may maintain national measures adopted Member States of the measures envisaged and give the reasons
before 12 December 2011. justifying them.
22.11.2011 EN Official Journal of the European Union L 304/39
2. The Commission shall consult the Standing Committee on placed on the market before the end of the transitional
the Food Chain and Animal Health set up by Article 58(1) of period may continue to be sold until exhausted; and
Regulation (EC) No 178/2002 if it considers such consultation
to be useful or if a Member State so requests. In that case, the
Commission shall ensure that this process is transparent for all (b) ensure that those measures apply as from 1 April in any
stakeholders. calendar year.
3. The Member State which deems it necessary to adopt new 2. Paragraph 1 shall not apply in cases of urgency where the
food information legislation may take the envisaged measures purpose of the measures referred to in that paragraph is the
only 3 months after the notification referred to in paragraph 1, protection of human health.
provided that it has not received a negative opinion from the
Commission.
Article 48
Committee
4. If the Commission’s opinion is negative, and before the
expiry of the period referred to in paragraph 3 of this Article, 1. The Commission shall be assisted by the Standing
the Commission shall initiate the examination procedure Committee on the Food Chain and Animal Health established
referred to in Article 48(2) in order to determine whether the by Article 58(1) of Regulation (EC) No 178/2002. That
envisaged measures may be implemented subject, if necessary, Committee is a committee within the meaning of Regulation
to the appropriate modifications. (EU) No 182/2011.
5. Directive 98/34/EC of the European Parliament and of the 2. Where reference is made to this paragraph, Article 5 of
Council of 22 June 1998 laying down a procedure for the Regulation (EU) No 182/2011 shall apply.
provision of information in the field of technical standards
and regulations and of rules on Information Society services (1)
shall not apply to the measures falling within the notification Where the Committee delivers no opinion, the Commission
procedure specified in this Article. shall not adopt the draft implementing act and the third
subparagraph of Article 5(4) of Regulation (EU) No 182/2011
shall apply.
CHAPTER VII
Article 50 Article 31(2), Article 36(4) and Article 46 shall enter into
force only if no objection has been expressed either by the
Amendments to Regulation (EC) No 1925/2006 European Parliament or the Council within a period of 2
Paragraph 3 of Article 7 of Regulation (EC) No 1925/2006 is months of notification of that act to the European Parliament
replaced by the following: and the Council or if, before the expiry of that period, the
European Parliament and the Council have both informed the
Commission that they will not object. That period shall be
‘3. Nutrition labelling of products to which vitamins and extended by 2 months at the initiative of the European
minerals have been added and which are covered by this Parliament or of the Council.
Regulation shall be compulsory. The information to be
provided shall consist of that specified in Article 30(1) of
Regulation (EU) No 1169/2011 of the European Parliament
and of the Council of 25 October 2011 on the provision of Article 52
food information to consumers (*) and of the total amounts Urgency procedure
present of the vitamins and minerals when added to the food.
1. Delegated acts adopted under this Article shall enter into
___________ force without delay and shall apply as long as no objection is
(*) OJ L 304, 22.11.2011, p. 18’. expressed in accordance with paragraph 2. The notification of a
delegated act to the European Parliament and to the Council
shall state the reasons for the use of the urgency procedure.
Article 51
2. Either the European Parliament or the Council may object
Exercise of the delegation to a delegated act in accordance with the procedure referred to
1. The power to adopt delegated acts is conferred on the in Article 51(5). In such a case, the Commission shall repeal the
Commission subject to the conditions laid down in this Article. act without delay following the notification of the decision to
object by the European Parliament or by the Council.
2. Between 13 December 2014 and 13 December 2016, Parliament and of the Council (1), foods labelled in accordance
where the nutrition declaration is provided on a voluntary with Part B of Annex VI to this Regulation may be placed on
basis, it shall comply with Articles 30 to 35. the market before 1 January 2014.
Notwithstanding Commission Regulation (EC) No 1162/2009 It shall apply from 13 December 2014, with the exception of
of 30 November 2009 laying down transitional measures for point (l) of Article 9(1), which shall apply from 13 December
the implementation of Regulations (EC) No 853/2004, (EC) 2016, and Part B of Annex VI, which shall apply from
No 854/2004 and (EC) No 882/2004 of the European 1 January 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
SPECIFIC DEFINITIONS
As referred to in Article 2(4)
(b) energy value and one or more of the following nutrients only:
— salt,
— fibre,
— protein,
— any of the vitamins or minerals listed in point 1 of Part A of Annex XIII, and present in significant amounts
as defined in point 2 of Part A of Annex XIII,
4. ‘trans fat’ means fatty acids with at least one non-conjugated (namely interrupted by at least one methylene group)
carbon-carbon double bond in the trans configuration;
6. ‘polyunsaturates’ means fatty acids with two or more cis, cis-methylene interrupted double bonds;
7. ‘carbohydrate’ means any carbohydrate which is metabolised by humans, and includes polyols;
8. ‘sugars’ means all monosaccharides and disaccharides present in food, but excludes polyols;
10. ‘protein’ means the protein content calculated using the formula: protein = total Kjeldahl nitrogen × 6,25;
11. ‘salt’ means the salt equivalent content calculated using the formula: salt = sodium × 2,5;
12. ‘fibre’ means carbohydrate polymers with three or more monomeric units, which are neither digested nor absorbed in
the human small intestine and belong to the following categories:
— edible carbohydrate polymers which have been obtained from food raw material by physical, enzymatic or
chemical means and which have a beneficial physiological effect demonstrated by generally accepted scientific
evidence,
— edible synthetic carbohydrate polymers which have a beneficial physiological effect demonstrated by generally
accepted scientific evidence,
13. ‘average value’ means the value which best represents the amount of the nutrient which a given food contains, and
reflects allowances for seasonal variability, patterns of consumption and other factors which may cause the actual
value to vary.
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ANNEX II
1. Cereals containing gluten, namely: wheat, rye, barley, oats, spelt, kamut or their hybridised strains, and products
thereof, except:
(d) cereals used for making alcoholic distillates including ethyl alcohol of agricultural origin;
(b) fish gelatine or Isinglass used as fining agent in beer and wine;
(b) natural mixed tocopherols (E306), natural D-alpha tocopherol, natural D-alpha tocopherol acetate, and natural
D-alpha tocopherol succinate from soybean sources;
(c) vegetable oils derived phytosterols and phytosterol esters from soybean sources;
(d) plant stanol ester produced from vegetable oil sterols from soybean sources;
(a) whey used for making alcoholic distillates including ethyl alcohol of agricultural origin;
(b) lactitol;
8. Nuts, namely: almonds (Amygdalus communis L.), hazelnuts (Corylus avellana), walnuts (Juglans regia), cashews
(Anacardium occidentale), pecan nuts (Carya illinoinensis (Wangenh.) K. Koch), Brazil nuts (Bertholletia excelsa),
pistachio nuts (Pistacia vera), macadamia or Queensland nuts (Macadamia ternifolia), and products thereof, except
for nuts used for making alcoholic distillates including ethyl alcohol of agricultural origin;
12. Sulphur dioxide and sulphites at concentrations of more than 10 mg/kg or 10 mg/litre in terms of the total SO2
which are to be calculated for products as proposed ready for consumption or as reconstituted according to the
instructions of the manufacturers;
(1) And the products thereof, in so far as the process that they have undergone is not likely to increase the level of allergenicity assessed by
the Authority for the relevant product from which they originated.
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ANNEX III
FOODS FOR WHICH THE LABELLING MUST INCLUDE ONE OR MORE ADDITIONAL PARTICULARS
1.1. Foods whose durability has been extended by means ‘packaged in a protective atmosphere’.
of packaging gases authorised pursuant to Regulation
(EC) No 1333/2008.
2.1. Foods containing a sweetener or sweeteners authorised ‘with sweetener(s)’ this statement shall accompany the
pursuant to Regulation (EC) No 1333/2008. name of the food.
2.2. Foods containing both an added sugar or sugars and a ‘with sugar(s) and sweetener(s)’ this statement shall
sweetener or sweeteners authorised pursuant to Regu accompany the name of the food.
lation (EC) No 1333/2008.
2.3. Foods containing aspartame/aspartame-acesulfame salt ‘contains aspartame (a source of phenylalanine)’ shall
authorised pursuant to Regulation EC) No 1333/2008. appear on the label in cases where aspartame/aspartame-
acesulfame salt is designated in the list of ingredients only
by reference to the E number.
‘contains a source of phenylalanine’ shall appear on the
label in cases where aspartame/aspartame-acesulfame salt
is designated in the list of ingredients by its specific name.
2.4. Foods containing more than 10 % added polyols auth ‘excessive consumption may produce laxative effects’.
orised pursuant to Regulation (EC) No 1333/2008.
3.1. Confectionery or beverages containing glycyrrhizinic ‘contains liquorice’ shall be added immediately after the list
acid or its ammonium salt due to the addition of of ingredients, unless the term ‘liquorice’ is already included
the substance(s) as such or the liquorice plant in the list of ingredients or in the name of the food. In the
Glycyrrhiza glabra, at concentration of 100 mg/kg or absence of a list of ingredients, the statement shall
10 mg/l or above. accompany the name of the food.
3.2. Confectionary containing glycyrrhizinic acid or its ‘contains liquorice – people suffering from hypertension
ammonium salt due to the addition of the substance(s) should avoid excessive consumption’ shall be added
as such or the liquorice plant Glycyrrhiza glabra at immediately after the list of ingredients. In the absence
concentrations of 4 g/kg or above. of a list of ingredients, the statement shall accompany
the name of the food.
3.3. Beverages containing glycyrrhizinic acid or its ‘contains liquorice – people suffering from hypertension
ammonium salt due to the addition of the substance(s) should avoid excessive consumption’ shall be added
as such or the liquorice plant Glycyrrhiza glabra at immediately after the list of ingredients. In the absence
concentrations of 50 mg/l or above, or of 300 mg/l of a list of ingredients, the statement shall accompany
or above in the case of beverages containing more the name of the food.
than 1,2 % by volume of alcohol (1).
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4.1. Beverages, with the exception of those based on ‘High caffeine content. Not recommended for children or
coffee, tea or coffee or tea extract where the name pregnant or breast-feeding women’ in the same field of
of the food includes the term ‘coffee’ or ‘tea’, which: vision as the name of the beverage, followed by a
reference in brackets and in accordance with
— are intended for consumption without modifi Article 13(1) of this Regulation to the caffeine content
cation and contain caffeine, from whatever expressed in mg per 100 ml.
source, in a proportion in excess of 150 mg/l, or,
— are in concentrated or dried form and after recon
stitution contain caffeine, from whatever source, in
a proportion in excess of 150 mg/l,
4.2. Foods other than beverages, where caffeine is added ‘Contains caffeine. Not recommended for children or
with a physiological purpose. pregnant women’ in the same field of vision as the name
of the food, followed by a reference in brackets and in
accordance with Article 13(1) of this Regulation to the
caffeine content expressed in mg per 100 g/ml. In the
case of food supplements, the caffeine content shall be
expressed per portion as recommended for daily
consumption on the labelling.
5.1. Foods or food ingredients with added phytosterols, (1) ‘with added plant sterols’ or ‘with added plant stanols’
phytosterol esters, phytostanols or phytostanol esters. in the same field of vision as the name of the food;
(2) the amount of added phytosterols, phytosterol esters,
phytostanols or phytostanol esters content (expressed
in % or as g of free plant sterols/plant stanols per
100 g or 100 ml of the food) shall be stated in the
list of ingredients;
(3) a statement that the food is intended exclusively for
people who want to lower their blood cholesterol level;
(4) a statement that patients on cholesterol lowering medi
cation should only consume the product under medical
supervision;
(5) an easily visible statement that the food may not be
nutritionally appropriate for pregnant or breastfeeding
women and children under the age of 5 years;
(6) advice that the food is to be used as part of a balanced
and varied diet, including regular consumption of fruit
and vegetables to help maintain carotenoid levels;
(7) in the same field of vision as the statement required
under point (3) above, a statement that the
consumption of more than 3 g/day of added plant
sterols/plant stanols should be avoided;
(8) a definition of a portion of the food or food ingredient
concerned (preferably in g or ml) with the amount of
the plant sterol/plant stanol that each portion contains.
6. Frozen meat, frozen meat preparations and frozen unprocessed fishery products
6.1. Frozen meat, frozen meat preparations and frozen the date of freezing or the date of first freezing in cases
unprocessed fishery products. where the product has been frozen more than once, in
accordance with point (3) of Annex X.
(1) The level shall apply to the products as proposed ready for consumption or as reconstituted according to the instructions of the
manufacturers.
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ANNEX IV
DEFINITION OF x-HEIGHT
x-HEIGHT
Legend
1 Ascender line
2 Cap line
3 Mean line
4 Baseline
5 Descender line
6 x-height
7 Font size
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ANNEX V
FOODS WHICH ARE EXEMPTED FROM THE REQUIREMENT OF THE MANDATORY NUTRITION
DECLARATION
2. Processed products which the only processing they have been subjected to is maturing and that comprise a single
ingredient or category of ingredients;
3. Waters intended for human consumption, including those where the only added ingredients are carbon dioxide
and/or flavourings;
7. Products covered by Directive 1999/4/EC of the European Parliament and of the Council of 22 February 1999
relating to coffee extracts and chicory extracts (1), whole or milled coffee beans and whole or milled decaffeinated
coffee beans;
8. Herbal and fruit infusions, tea, decaffeinated tea, instant or soluble tea or tea extract, decaffeinated instant or soluble
tea or tea extract, which do not contain other added ingredients than flavourings which do not modify the nutritional
value of the tea;
9. Fermented vinegars and substitutes for vinegar, including those where the only added ingredients are flavourings;
10. Flavourings;
14. Gelatine;
16. Yeast;
17. Chewing-gums;
18. Food in packaging or containers the largest surface of which has an area of less than 25 cm2;
19. Food, including handcrafted food, directly supplied by the manufacturer of small quantities of products to the final
consumer or to local retail establishments directly supplying the final consumer.
ANNEX VI
1. 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 (for example, powdered, refrozen, freeze-dried, quick-frozen, concentrated,
smoked) in all cases where omission of such information could mislead the purchaser.
2. In the case of foods that have been frozen before sale and which are sold defrosted, the name of the food shall be
accompanied by the designation ‘defrosted’.
(b) foods for which freezing is a technologically necessary step of the production process;
(c) foods for which the defrosting has no negative impact on the safety or quality of the food.
3. Foods treated with ionising radiation shall bear one of the following indications:
‘irradiated’ or ‘treated with ionising radiation’, and other indications as stated in Directive 1999/2/EC of the European
Parliament and of the Council of 22 February 1999 on the approximation of the laws of the Member States
concerning foods and food ingredients treated with ionising radiation (1).
4. In the case of foods in which a component or ingredient that consumers expect to be normally used or naturally
present has been substituted with a different component or ingredient, the labelling shall bear — in addition to the list
of ingredients — a clear indication of the component or the ingredient that has been used for the partial or whole
substitution:
(b) using a font size which has an x-height of at least 75 % of the x-height of the name of the product and which is
not smaller than the minimum font size required in Article 13(2) of this Regulation.
5. In the case of meat products, meat preparations and fishery products containing added proteins as such, including
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.
6. In the case of meat products and meat preparations which have the appearance of a cut, joint, slice, portion or carcase
of meat, the name of the food shall include an indication of the presence of added water if the added water makes up
more than 5 % of the weight of the finished product. The same rules shall apply in the case of fishery products and
prepared fishery products which have the appearance of a cut, joint, slice, portion, filet or of a whole fishery product.
7. Meat products, meat preparations and fishery products which may give the impression that they are made of a whole
piece of meat or fish, but actually consist of different pieces combined together by other ingredients, including food
additives and food enzymes or by other means, shall bear the following indication:
in Czech: ‘ze spojovaných kousků masa’ and ‘ze spojovaných kousků rybího masa’;
in Lithuanian: ‘sudarytas (-a) iš mėsos gabalų’ and ‘sudarytas (-a) iš žuvies gabalų’;
in Dutch: ‘samengesteld uit stukjes vlees’ and ‘samengesteld uit stukjes vis’;
in Slovak: ‘spájané alebo formované mäso’ and ‘spájané alebo formované ryby’;
in Slovenian: ‘sestavljeno, iz koščkov oblikovano meso’ and ‘sestavljene, iz koščkov oblikovane ribe’;
(1) The collagen/meat protein ratio is expressed as the percentage of collagen in meat protein. The collagen content means the
hydroxyproline content multiplied by a factor of 8.
2. In addition to the requirements laid down in Chapter IV of Section V of Annex III to Regulation (EC) No 853/2004,
the following expressions shall appear on the labelling:
3. The Member States may allow the placing on their national market of minced meat which does not comply with the
criteria laid down in point 1 of this Part under a national mark that cannot be confused with the marks provided for
in Article 5(1) of Regulation (EC) No 853/2004.
ANNEX VII
1. Added water and volatile products Shall be listed in order of their weight in the finished product. The
amount of water added as an ingredient in a food shall be calculated
by deducting from the total amount of the finished product the
total amount of the other ingredients used. This amount shall not
be required to be taken into consideration if it does not exceed 5 %
by weight of the finished product. This derogation does not apply to
meat, meat preparations, unprocessed fishery products and unpro
cessed bivalve molluscs
2. Ingredients used in concentrated or dehydrated May be listed in order of weight as recorded before their concen
form and reconstituted at the time of manu tration or dehydration
facture
3. Ingredients used in concentrated or dehydrated May be listed in order of proportion in the reconstituted product
foods, which are intended to be reconstituted provided that the list of ingredients is accompanied by an
by the addition of water expression, such as ‘ingredients of the reconstituted product’, or
‘ingredients of the ready-to-use product’
4. Fruit, vegetables or mushrooms, none of which May be grouped together in the list of ingredients under the desig
significantly predominates in terms of weight nation ‘fruit’, ‘vegetables’ or ‘mushrooms’ followed by the phrase ‘in
and which are used in proportions that are varying proportions’, immediately followed by a list of the fruit,
likely to vary, used in a mixture as ingredients vegetables or mushrooms present. In such cases, the mixture shall
of a food be included in the list of ingredients in accordance with
Article 18(1), on the basis of the total weight of the fruit, vegetables
or mushrooms present
5. Mixtures of spices or herbs, where none May be listed in different order provided that that list of ingredients
significantly predominates in proportion by is accompanied by an expression such as ‘in variable proportion’
weight
6. Ingredients constituting less than 2 % of the May be listed in a different order after the other ingredients
finished product
7. Ingredients, which are similar or mutually May be referred to in the list of ingredients by means of the
substitutable, likely to be used in the manu statement ‘contains … and/or …’, where at least one of no more
facture or preparation of a food without than two ingredients is present in the finished product. This
altering its composition, its nature or its provision shall not apply to food additives or to ingredients listed
perceived value, and in so far as they constitute in Part C of this Annex, and to substances or products listed in
less than 2 % of the finished product Annex II causing allergies or intolerances
8. Refined oils of vegetable origin May be grouped together in the list of ingredients under the desig
nation ‘vegetable oils’ followed immediately by a list of indications
of specific vegetable origin, and may be followed by the phrase ‘in
varying proportions’. If grouped together, vegetable oils shall be
included in the list of ingredients in accordance with
Article 18(1), on the basis of the total weight of the vegetable
oils present.
The expression ‘fully hydrogenated’ or ‘partly hydrogenated’, as
appropriate, must accompany the indication of a hydrogenated oil
L 304/52 EN Official Journal of the European Union 22.11.2011
9. Refined fats of vegetable origin May be grouped together in the list of ingredients under the desig
nation ‘vegetable fats’ followed immediately by a list of indications
of specific vegetable origin, and may be followed by the phrase ‘in
varying proportions’. If grouped together, vegetable fats shall be
included in the list of ingredients in accordance with
Article 18(1), on the basis of the total weight of the vegetable
fats present.
The expression ‘fully hydrogenated’ or ‘partly hydrogenated’, as
appropriate, must accompany the indication of a hydrogenated fat
PART B — DESIGNATION OF CERTAIN INGREDIENTS BY THE NAME OF A CATEGORY RATHER THAN A SPECIFIC
NAME
Without prejudice to Article 21, ingredients which belong to one of the categories of foods listed below and are
constituents of another food may be designated by the name of that category rather than the specific name.
1. Refined oils of animal origin ‘Oil’, together with either the adjective ‘animal’, or the
indication of specific animal origin.
The expression ‘fully hydrogenated’ or ‘partly hydro
genated’, as appropriate, must accompany the indication
of a hydrogenated oil
2. Refined fats of animal origin ‘Fat’, together with either the adjective ‘animal’ or the indi
cation of specific animal origin.
The expression ‘fully hydrogenated’ or ‘partly hydro
genated’, as appropriate, must accompany the indication
of a hydrogenated fat
3. Mixtures of flour obtained from two or more cereal ‘Flour’, followed by a list of the cereals from which it has
species been obtained, in descending order by weight
7. All spices not exceeding 2 % by weight of the food ‘Spice(s)’ or ‘mixed spices’
10. All types of crumbed baked cereal products ‘Crumbs’ or ‘rusks’ as appropriate
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14. All types of milk protein (caseins, caseinates and whey ‘Milk proteins’
proteins) and mixtures thereof
17. Skeletal muscles (2) of mammalian and bird species ‘… meat’ and the name(s) (3) of the animal species from
recognised as fit for human consumption with which it comes
naturally included or adherent tissue, where the total
fat and connective tissue content does not exceed the
values indicated below and where the meat constitutes
an ingredient of another food.
Fat Collagen/meat
Species
content protein ratio (1)
— Porcines, 30 % 25 %
18. All types of products covered by the definition of ‘mechanically separated meat’ and the name(s) (3) of the
‘mechanically separated meat’ animal species from which it comes
(1) Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on
specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1).
(2) The diaphragm and the masseters are part of the skeletal muscles, while the heart, tongue, the muscles of the head (other than the
masseters), the muscles of the carpus, the tarsus and the tail are excluded.
(3) For labelling in English, this designation may be replaced by the generic name of the ingredient for the animal species concerned.
L 304/54 EN Official Journal of the European Union 22.11.2011
PART C — DESIGNATION OF CERTAIN INGREDIENTS BY THE NAME OF THEIR CATEGORY FOLLOWED BY THEIR
SPECIFIC NAME OR E NUMBER
Without prejudice to Article 21, food additives and food enzymes other than those specified in point (b) of Article 20
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.
(1) Only for processed cheeses and products based on processed cheeses.
(2) The specific name or E number shall not be required to be indicated.
— ‘flavouring(s)’ or by a more specific name or description of the flavouring if the flavouring component contains
flavourings as defined in points (b), (c), (d), (e), (f), (g) and (h) of Article 3(2) of Regulation (EC) No 1334/2008,
— ‘smoke flavouring(s)’, or ‘smoke flavouring(s) produced from food(s) or food category or source(s)’ (e.g. ‘smoke
flavouring produced from beech’), if the flavouring component contains flavourings as defined in point (f) of
Article 3(2) of Regulation (EC) No 1334/2008 and imparts a smoky flavour to the food.
2. The term ‘natural’ for the description of flavourings shall be used in accordance with Article 16 of Regulation (EC)
No 1334/2008.
3. Quinine and/or caffeine used as a flavouring in the production or preparation of a food shall be mentioned by name
in the list of ingredients immediately after the term ‘flavouring(s)’.
2. Without prejudice to Article 21, the list of ingredients for compound ingredients shall not be compulsory:
(a) where the composition of the compound ingredient is defined in current Union provisions, and in so far as the
compound ingredient constitutes less than 2 % of the finished product; however, this provision shall not apply to
food additives, subject to points (a) to (d) of Article 20;
(b) for compound ingredients consisting of mixtures of spices and/or herbs that constitute less than 2 % of the
finished product, with the exception of food additives, subject to points (a) to (d) of Article 20; or
(c) where the compound ingredient is a food for which a list of ingredients is not required under Union provisions.
22.11.2011 EN Official Journal of the European Union L 304/55
ANNEX VIII
(i) the drained net weight of which is indicated in accordance with point 5 of Annex IX;
(ii) the quantities of which must already appear on the labelling under Union provisions;
(iv) which, while appearing in the name of the food, is not such as to govern the choice of the consumer in the
country of marketing because the variation in quantity is not essential to characterise the food or does not
distinguish it from similar foods;
(b) where specific Union provisions stipulate precisely the quantity of an ingredient or of a category of ingredients
without providing for the indication thereof on the labelling; or
2. Points (a) and (b) of Article 22(1) shall not apply in the case of:
(a) any ingredient or category of ingredients covered by the indication ‘with sweetener(s)’ or ‘with sugar(s) and
sweetener(s)’ if that indication accompanies the name of the food, pursuant Annex III; or
(b) any added vitamin and mineral if that substance is subject to a nutrition declaration.
(a) be expressed as a percentage, which shall correspond to the quantity of the ingredient or ingredients at the time of
its/their use; and
(b) appear either in or immediately next to the name of the food or in the list of ingredients in connection with the
ingredient or category of ingredients in question.
(a) where foods have lost moisture following heat treatment or other treatment, the quantity shall be expressed as a
percentage which shall correspond to the quantity of the ingredient(s) used, related to the finished product, unless
that quantity or the total quantity of all the ingredients indicated on the labelling exceeds 100 %, in which case the
quantity shall be indicated on the basis of the weight of the ingredient(s) used to prepare 100 g of finished
product;
(b) the quantity of volatile ingredients shall be indicated on the basis of their proportion by weight in the finished
product;
(c) the quantity of ingredients used in concentrated or dehydrated form and reconstituted during manufacture may be
indicated on the basis of their proportion by weight as recorded before their concentration or dehydration;
(d) in the case of concentrated or dehydrated foods which are intended to be reconstituted by the addition of water,
the quantity of the ingredients may be indicated on the basis of their proportion by weight in the reconstituted
product.
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ANNEX IX
1. The net quantity declaration shall not be mandatory in the case of foods:
(a) which are subject to considerable losses in their volume or mass and which are sold by number or weighed in the
presence of the purchaser;
(b) the net quantity of which is less than 5 g or 5 ml; however, this provision shall not apply to spices and herbs; or
(c) normally sold by number, provided that the number of items can clearly be seen and easily counted from the
outside or, if not, is indicated on the labelling.
2. Where the indication of a certain type of quantity (such as the nominal quantity, minimum quantity, or average
quantity) is required by Union provisions or, where there are none, by national provisions, this quantity shall be
regarded as the net quantity for the purposes of this Regulation.
3. Where a prepacked item consists of two or more individual prepacked items containing the same quantity of the same
product, the net quantity shall be indicated by mentioning the net quantity contained in each individual package and
the total number of such packages. The indication of those particulars shall not, however, be mandatory where the
total number of individual packages can be clearly seen and easily counted from the outside and where at least one
indication of the net quantity contained in each individual package can be clearly seen from the outside.
4. Where a prepacked item consists of two or more individual packages which are not regarded as units of sale, the net
quantity shall be given by indicating the total net quantity and the total number of individual packages.
5. Where a solid food is presented in a liquid medium, the drained net weight of the food shall also be indicated. Where
the food has been glazed, the declared net weight of the food shall be exclusive of the glaze.
For the purposes of this point, ‘liquid medium’ shall mean the following products, possibly in mixtures and also where
frozen or quick-frozen, provided that the liquid is merely an adjunct to the essential elements of that preparation and
is thus not a decisive factor for the purchase: water, aqueous solutions of salts, brine, aqueous solutions of food acids,
vinegar, aqueous solutions of sugars, aqueous solutions of other sweetening substances, fruit or vegetable juices in the
case of fruit or vegetables.
22.11.2011 EN Official Journal of the European Union L 304/57
ANNEX X
If need be, these particulars shall be followed by a description of the storage conditions which must be observed if
the product is to keep for the specified period;
(c) the date shall consist of the day, the month and possibly, the year, in that order and in uncoded form.
— which will not keep for more than 3 months, an indication of the day and the month shall be sufficient,
— which will keep for more than 3 months but not more than 18 months, an indication of the month and year
shall be sufficient,
— which will keep for more than 18 months, an indication of the year shall be sufficient,
(d) subject to Union provisions imposing other types of date indication, an indication of the date of minimum
durability shall not be required for:
— fresh fruit and vegetables, including potatoes, which have not been peeled, cut or similarly treated; this
derogation shall not apply to sprouting seeds and similar products such as legume sprouts,
— 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,
— bakers’ or pastry cooks’ wares which, given the nature of their content, are normally consumed within 24
hours of their manufacture,
— vinegar,
— cooking salt,
— solid sugar,
Those particulars shall be followed by a description of the storage conditions which must be observed;
(c) the date shall consist of the day, the month and, possibly, the year, in that order and in uncoded form;
(d) the ‘use by’ date shall be indicated on each individual prepacked portion.
3. The date of freezing or the date of first freezing as referred to in point 6 of Annex III shall be indicated as follows:
(c) the date shall consist of the day, the month and the year, in that order and in uncoded form.
22.11.2011 EN Official Journal of the European Union L 304/59
ANNEX XI
TYPES OF MEAT FOR WHICH THE INDICATION OF THE COUNTRY OF ORIGIN OR PLACE OF
PROVENANCE IS MANDATORY
CN codes
Description
(Combined Nomenclature 2010)
ANNEX XII
ALCOHOLIC STRENGTH
The actual alcoholic strength by volume of beverages containing more than 1,2 % by volume of alcohol shall be indicated
by a figure to not more than one decimal place. It shall be followed by the symbol ‘% vol.’ and may be preceded by the
word ‘alcohol’ or the abbreviation ‘alc’.
Positive and negative allowed tolerances in respect of the indication of the alcoholic strength by volume and expressed in
absolute values shall be as listed in the following table. They shall apply without prejudice to the tolerances deriving from
the method of analysis used for determining the alcoholic strength.
ANNEX XIII
REFERENCE INTAKES
1. Vitamins and minerals which may be declared and their nutrient reference values (NRVs)
— 15 % of the nutrient reference values specified in point 1 supplied by 100 g or 100 ml in the case of products
other than beverages,
— 7,5 % of the nutrient reference values specified in point 1 supplied by 100 ml in the case of beverages, or,
— 15 % of the nutrient reference values specified in point 1 per portion if the package contains only a single portion,
PART B — REFERENCE INTAKES FOR ENERGY AND SELECTED NUTRIENTS OTHER THAN VITAMINS AND
MINERALS (ADULTS)
Total fat 70 g
Saturates 20 g
Carbohydrate 260 g
Sugars 90 g
Protein 50 g
Salt 6g
L 304/62 EN Official Journal of the European Union 22.11.2011
ANNEX XIV
CONVERSION FACTORS
CONVERSION FACTORS FOR THE CALCULATION OF ENERGY
The energy value to be declared shall be calculated using the following conversion factors:
ANNEX XV
The units of measurement to be used in the nutrition declaration for energy (kilojoules (kJ) and kilocalories (kcal)) and
mass (grams (g), milligrams (mg) or micrograms (μg)) and the order of presentation of the information, as appropriate,
shall be the following:
energy kJ/kcal
fat g
of which
— saturates, g
— mono-unsaturates, g
— polyunsaturates, g
carbohydrate g
of which
— sugars, g
— polyols, g
— starch, g
fibre g
protein g
salt g
vitamins and minerals the units specified in point 1 of Part A of Annex XIII