Labeling

According to article 9, paragraph 1, of Regulation 1169/2011 (FIC Regulation), it is mandatory to mention on the label: the name of the food; the list of ingredients; all used or present allergens; the quantity of certain ingredients or categories of ingredients; the net quantity of the food; the date of minimum durability or the ‘use by’ date; any special storage conditions and/or conditions of use; the name or business name and address of the food business operator; the country of origin or place of provenance; instructions for use where it would be difficult to make appropriate use of the food in the absence of such instructions; with respect to beverages containing more than 1,2 % by volume of alcohol, the actual alcoholic strength by volume; and a nutrition declaration.

According to article 12, of the FIC Regulation, mandatory food information must be available and shall be easily accessible. In the case of prepacked food, mandatory food information must appear directly on the package or on a label attached there to. For non-prepacked food, it is only mandatory to mention all used or present allergens, unless more mandatory information is required by national law of the member states.

Ex.: The food businesses must always provide the food allergen information. As a minimum requirement, the information must be provided in written format in an easily identified place, so that consumers can locate and access the information. The written information can be provided in hard copy or electronically.

According to Annex II of the FIC Regulation, substances or products causing allergies or intolerances are cereals containing gluten, crustaceans, eggs, fish, peanuts, soybeans, milk, nuts, celery, mustard, sesame seeds, sulphur dioxide and sulphites, lupin, molluscs, and all products thereof. It is important that information on the presence of these should be given to enable consumers, particularly those suffering from a food allergy or intolerance, to make informed choices which are safe for them.

Ex.: Whenever fish or any product thereof, for example fish oil, is used in a product, the ingredient must be emphasised through a typeset that clearly distinguishes it from the rest of the list of ingredients, for example by means of the font, style or background colour.

According to article 7, of the FIC Regulation, food information shall not be misleading, it must be accurate, clear, comprehensible, and legible. Food labels should be straightforward and understandable to assist consumers who want to make better-informed food and dietary choices.

Ex.: The FIC Regulation requires that mandatory information must be printed in a minimum 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.

According to article 14, of the FIC Regulation, it is 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 information requirements as food sold in shops, it is necessary to clarify that in such cases the relevant mandatory food information shall also be available before the purchase is concluded.

Ex.: When selling prepacked foods online, the food business is required to provide all mandatory food information before the purchase is concluded, except for the date of minimum durability or the 'use by' date. The mandatory food information shall either appear on the website or through other appropriate free means. When the delivering the food, the food business must provide all mandatory particulars.

According to article 14, of the FIC Regulation, sales in vending machines are not distance sales. The mandatory information should therefore not be available prior to sale. What must appear on the packaging depend on whether the criteria of the definition of "food prepacked for immediate sale" are met. If so, only the indication of the date and allergens is mandatory based on the FIC Regulation, on the packaging or on the dispenser.

Ex.: Meals prepared and packaged by a salesman and sold in a vending machine operated by himself, provided that a minimum expiry date or use-by date is indicated on the packaging of these foods, the criteria set out in point 1 of the definition of “food prepacked for immediate sale”. The products are therefore not considered pre-packaged. Except for the date, only the indication of the allergens is mandatory on the packaging or on the dispenser.

Front-of-pack nutrition labelling is simplified nutrition information provided on the front of food packaging aiming to help consumers with their food choices. Under the current EU rules, the indication of nutrition information on the front-of-pack is not mandatory but could be provided on a voluntary basis.

Ex.: In France and Belgium it is possible to include a “Nutri-Score” on the front-of-pack, to help consumers with their food choices. A future implementation of this front-of-pack scheme will be announced by Germany, Spain, the Netherlands and Luxembourg.

Section 3, Nutrition declaration of the FIC Regulation does not apply to food supplements. Also, pursuant to article 6, section 1 of Directive 2002/46, food supplements must be sold under the name “food supplement”, which, according to article 9, section 1 (a) of the FIC Regulation must appear on the label.

In addition, as per article 6 of Directive 2002/46, the label must include the names of the categories of nutrients or substances that characterize the product or an indication of the nature of those nutrients or substances; the portion of the product recommended for daily consumption; a warning not to exceed the stated recommended daily dose; a statement to the effect that food supplements should not be used as a substitute for a varied diet and a statement to the effect that the products should be stored out of the reach of young children.

Ex.: The warnings “Do not exceed the stated recommended daily dose; Food supplements should not be used as a substitute for a varied diet; Store out of the reach of young children” should always be included on the food supplement label.

No, for food supplements, only the amounts of the nutrients or substances that have a nutritional or physiological effect must be stated. Moreover, they should not be expressed per 100 g / ml, but per recommended daily dose in the labeling. The nutritional table can be included on your own initiative provided that the requirements of the FIC Regulation are applicable to (except for the expression per recommended daily dose).

Ex.: It is possible not to have any nutrition table on the food supplement label at all. When the food supplement has active substances, the table must be added stating these substances with a nutritional or physiological effect. Optional there can be more information stated.

Article 15 of the FIC Regulation on the provision of food information to consumers states that mandatory food information shall appear in a language easily understood by the consumers of the Member States where a food is marketed. Within their own territory, the Member States in which a food is marketed may stipulate that they shall be given in one or more languages from among the official languages of the Union.

Ex.: In order to be allowed to market a product in Belgium, the mandatory statements must be drawn up in at least the language (s) of the language region where the food is marketed (for example, in Dutch and French as the food sold in Brussels, in Dutch if it is sold in Flanders, etc.).

Subject to the provisions of Part A of Annex VII to the FIC Regulation, the ingredients must be listed in descending order of weight in which they were used in the preparation of the food. This is not necessary for single-ingredient foods that have the same name as the ingredient.

Ex.: Oatmeal (65%), egg powder (20%), whey protein isolate (12%), emulsifier (sunflower lecithin) (0.8%), protein concentrate of milk (0.7%), binding agent (cellulose gum) (0.5%), xanthan gum (0.5%), raising agent (sodium bicarbonate) (0.3%), cinnamon extract (0.1%).

*The percentages are not mandatory to mention, except when the ingredients are mentioned or pictured on the label.

Subject to the exemptions provided for in Article 20 of the FIC Regulation, all ingredients must be listed, regardless of their quantity. Nevertheless, the ingredients that are less than 2% present in the final product may be listed in a different order, without regard to their weight.

Ex.: Oatmeal (65%), egg powder (20%), whey protein isolate (12%), protein concentrate of milk (0.7%), cinnamon extract (0.1%), xanthan gum (0.5%), emulsifier (sunflower lecithin) (0.8%),  binding agent (cellulose gum) (0.5%), raising agent (sodium bicarbonate) (0.3%).

*The percentages are not mandatory to mention, except when the ingredients are mentioned or pictured on the label.

Abbreviations or chemical symbols are not allowed in the ingredient list or in the nutrition declaration because they are not clear enough for the consumer.

Ex.: “K” cannot be used as a reference for “Potassium”.