Guidance on Food Information to Consumers

Guidance on Food Information to

Consumers A European food and drink industry

perspective on certain new food information

requirements in the EU

Dirk JACOBS Director

Consumer Information, Diet and Health Department

04/12/2012

Workshop on food information to consumers – Zagreb, Croatia, 3-4 December 2012

2

Agenda


Introduction to FoodDrinkEurope The European food and drink industry

3 Workshop on food information to consumers – Zagreb, Croatia, 3-4 December 2012

4

FoodDrinkEurope Membership


General Assembly

Board

LCCG/

Board Sherpas

Committee of

Directors General

(CDG)

Food & Consumer

Policy Committee

Liaison Committee

(LC)

Competitiveness

Committee

Environmental

Sustainability

Committee

Communication

Advisory Group

Expert Group

Ad Hoc Group

Expert Group Expert Group Expert Group

Ad Hoc Group Ad Hoc Group

FoodDrinkEurope Structure


Figures


Regulation 1169/2011

7

Challenges for industry


8

Industry welcomed the original objectives of the Regulation

Harmonisation

Simplification Improving consumer

understanding

Decreasing the administrative burden

for food business operators, particularly

SMEs

Removing the barriers to the

Internal Market Providing the

consumer with factual information

enabling an informed choice

However…


9

Pressure on EU Institutions

Package deals were made

Some important decisions were postponed to a later stage

E.g. report on trans fats

Political compromises had to be made…

but


10

Item Obligation for EC?

Deadline

EC to establish rules on the application of Art. 26.3 on the origin of primary ingredients

Yes Within 2 years after the entry into force (Dec 2013)

EC to draft report on the mandatory indication of origin/provenance for meat used as an ingredient (Art. 26.)


EC to draft (impact assessment) reports on the mandatory indication of origin/provenance for certain foods (Art. 26.)


EC to draft report on trans fats (Art. 30.7) Yes Within 3 years after the entry into force (Dec 2014)

EC to establish rules for legibility Yes Not specified (however, expected by Dec 2014)

EC to establish rules on the expression per portion/consumption unit for specific categories of foods

Yes Not specified

Furthermore, many implementing measures have been included in the Regulation…


11

EC to establish rules on (voluntary) reference intakes for specific population groups in addition to the adult reference intakes (Art. 36.3, Art. 43)

Yes Not specified

EC to draft report on additional forms of expression/presentation


EC to establish rules related to suitability of a food for vegetarians or vegans

Yes Not specified

EC possibility to adopt rules regarding the energy value and amounts of nutrients which can be regarded as negligible

No N/A

EC possibility to adopt rules on the manner of indicating the date of minimum durability

No N/A

EC possibility to adopt rules on alternative expression by means of pictograms/symbols

No N/A


Deadline



12

EC possibility to establish a different expression of net quantity than in units of volume (for liquids) or in units of mass (for other) for certain specified foods

No N/A

EC possibility to adopt rules on expression of certain mandatory particulars by means other than on the package or on the label

No N/A

EC possibility to adopt rules regarding the manner of presenting the nutrition declaration (Art. 34.6)

No N/A

EC possibility to add or remove voluntary nutrients/nutrients to be repeated (Art. 30.6)

No N/A

EC possibility to adopt conversion factors for vitamins and minerals

No N/A


Deadline



13

…and a Regulation which leaves many practical questions as to its interpretation…

Which legislation do I have to follow for my multi-lingual packs, marketed not only in EU member states but also in an EEA country, within the transition period?

What is precisely meant with “pre-packed for direct sale”?


14

Uncertainty for companies

Many implementing measures

Hence, a Regulation far from finished…

Many interpretation issues

A Regulation far from finished


15

Adaptation of packaging material in size or type as result of new additional

information

Food business operator responsibility to update

information on allergens, nutrient content, etc. to distance sellers

via online databases??

Costs of adapting management systems

Additional technical costs

To ensure that declared values of nutrients in the mandatory nutrition declaration are correct and up to date (tolerances, rounding rules)

Impact of new requirements on costs Some examples


FoodDrinkEurope GDA Scheme

Mandatory Nutrition Labelling

Position

Guidance on Portion Sizes

Legibility Guidelines

Position on tolerances

16

Industry anticipation of new requirements Some examples


New requirements

• Industry anticipated where it could (e.g. guidance on portion sizes, legibility, tolerances)

• However, more than implementation only: additional management system costs, technical costs

• Many implementing and interpretation issues still to be resolved

• Additional burden on SMEs

17

Preparations will have to be made by manufacturers well in advance

Therefore: clarity needed!

(e.g. timing, process and content of the implementing measures, interpretation)

Clarity needed…and not much time left…


Guidance on Food Information to Consumers


19

FoodDrinkEurope’s approach


20

• To provide a joint EU-wide understanding of the legal requirements of the Regulation across the European food and drink industry and beyond (e.g. retailers)

• Mainly targeted at food business operators (especially SMEs) as well as national and European authorities

• The document is dynamic and will be updated on the basis of the outcome of

discussions in the Commission Working Group on Regulation 1169/2011 on the provision of food information to consumers

Guidance for Food Business Operators - Objectives


21

End September 2011:

Start of the work with prioritisation of the topics to be

covered

October 2011 to January 2012:

Discussions in 3 ad hoc expert

meetings

3 February 2012:

Finalisation of the first

version

March 2012 – April 2012:

Further discussions in

expert meetings

May 2012: Finalisation of

the second version

2 November 2012: Joint

FoodDrinkEurope-EuroCommerce

Guidance

Guidance for Food Business Operators - Timeline


22

Guidance for Food Business Operators - Content


Nutrition Labelling

Origin Labelling

Legibility Allergen Labelling


Legibility

24

Legibility - definition


“ ‘legibility’ means the physical appearance of information, by means of which the information is visually accessible to the general population and which is determined by various elements, inter alia, font size, letter spacing, spacing between lines, stroke width, type colour, typeface, width- height ratio of the letters, the surface of the material and significant contrast between the print and the background”

Article 2.2m

25

Legibility – general principles


“Without prejudice to the national measures adopted under Article 44(2), mandatory food information shall be marked in a conspicuous place in such a way as to be easily visible, clearly legible and, where appropriate, indelible. It shall not in any way be hidden, obscured, detracted from or interrupted by any other written or pictorial matter or any other intervening material.”

Examples of how it should not be done: - backgrounds with noisy pictures; - stickers covering the mandatory declaration.

Article 13

26

Legibility – general principles


Examples of use of colours, contrasts and visual background noise

27

Legibility – rules (mandatory food information)


• Minimum font size requirement for mandatory particulars under Art. 9.1 • 1.2 mm for packs with the largest surface 80 cm2 • 0.9 mm for packs with the largest surface < 80 cm2

• European Commission to establish detailed rules on legibility (other criteria) • FoodDrinkEurope has anticipated by providing Guidelines on Legibility

Article 13

28

Legibility – mandatory particulars


a) the name of the food; b) the list of ingredients; c) any ingredient or processing aid listed in Annex II

or derived from a substance or product listed in Annex II causing allergies or intolerances used in the manufacture or preparation of a food and still present in the finished product, even if in an altered form;

d) the quantity of certain ingredients or categories of ingredients;

e) the net quantity of the food;

f) the date of minimum durability or the ‘use by’ date; g) any special storage conditions and/or conditions of

use; h) the name or business name and address of the food

business operator referred to in Article 8(1); i) the country of origin or place of provenance where

provided for in Article 26; j) instructions for use where it would be difficult to

make appropriate use of the food in the absence of such instructions;

k) with respect to beverages containing more than 1,2 % by volume of alcohol, the actual alcoholic strength by volume;

l) a nutrition declaration.

Article 9.1

29

Legibility – other EU legislation


• Council Directive 76/211 on the making up by weight or by volume of certain prepackaged products (i.e. net quantity) provides specific rules for the font sizes of the nominal quantity (i.e. for the numerical value):

- not exceeding 50g/ml 2mm minimum* - 50g/ml - 200g/ml 3mm minimum* - 200g/ml - 1kg/l 4mm minimum* - exceeding 1kg/l 6mm minimum*

* Figures referring to numerical height, not x-height. • Other (vertical) EU legislation could stipulate some specific legibility principles/rules (e.g.

the Chocolate Directive 2000/36/EC, fruits and vegetable sector Regulation 1580/2007, etc.)

30

Legibility – specific rules and exemptions

• The name of the food, the net quantity and – where applicable – the actual alcoholic strength by volume (for >1.2% alcohol) must be provided together in the same field of vision • Exceptions:

• Glass bottles intended for reuse which are indelibly marked and which therefore bear no label, ring or collar;

• Packaging or containers with a largest surface of less than 10 cm2

• Limited information may be provided for: • Packs with the largest surface < 25 cm2 and other categories under Annex V

• Exempted from nutrition declaration

• Beverages containing more than 1.2% alcohol • Exempted from nutrition declaration and list of ingredients • However, report to be undertaken by the Commission

• Packs with the largest surface < 10 cm2 • Only name of the food, possible allergens, net quantity and date of minimum durability

• Glass bottles intended for reuse limited information may be provided • Only name of the food, possible allergens, net quantity, date of minimum durability and

nutrition declaration


Articles 13, 16, Annex V

31

• Definition of “largest surface”

• Pragmatic approach needed which facilitates readability of the information by the consumer, on the one hand, and the technical options of the manufacturer, on the other hand.

• 3 'categories‘ identified: • ‘Box‘ shape: largest surface bounded/limited by edges • Cylindrical/conical shape: curvature has to be taken into consideration when calculating the

available area (can is approximately 1/3rd of the total surface) • Other shapes: case-by-case basis

• In any case, food business operator should ensure that the mandatory food information that is provided is clearly legible and easily accessible for the consumer.

Legibility – “largest surface”


32

Legibility – rules (voluntary food information)


Voluntary information not to be displayed to the detriment of the space available for mandatory information

Article 36

33

Legibility – FoodDrinkEurope guidelines


• Specific guidance on legibility for manufacturers and enforcement authorities to ensure that all on-pack information is legible

• Code is not intended to be a substitute for legislation but aims to help compliance with the legal requirement to provide legible information by addressing the key factors that determine legibility

• Increasing importance for alternative means of communication of food information (e.g. smart phones, websites, social media, etc.) – it is not only the label!

34



Same font size (6 pt) in relation with different typefaces x-height FONT SIZE

Arial Narrow Avant Garde

Aldus

6 pt Ingredient x 1.098 mm Ingredient x 1.157 mm

Ingredient x 0.924 mm

Same x-height (1.2 mm) in relation with different typefaces font sizes

X-HEIGHT

Arial Narrow Avant Garde

Times New Roman

1.2 mm Ingredient x 6.672 pt Ingredient x 6.252 pt

Ingredient x 7.992 pt

35



Examples of character spacing


Nutrition Labelling

37

Nutrition Labelling – current rules (summary)


38

Nutrition Labelling – new rules (summary)


39

Nutrition Labelling – exemptions (i)

• Unprocessed products that comprise a single ingredient or category of ingredients; • Processed products which the only processing they have been subjected to is maturing and that comprise a

single ingredient or category of ingredients; • Waters intended for human consumption, including those where the only added ingredients are carbon

dioxide and/or flavourings; • A herb, a spice or mixtures thereof; • Salt and salt substitutes; • Table top sweeteners; • 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;

• 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;

• Fermented vinegars and substitutes for vinegar, including those where the only added ingredients are flavourings;


Annex V

40

Nutrition Labelling – exemptions (ii)

• Flavourings; • Food additives; • Processing aids; • Food enzymes; • Gelatine; • Jam setting compounds; • Yeast; • Chewing-gums; • Food in packaging or containers the largest surface of which has an area of less than 25 cm2; • 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. • Beverages containing more than 1.2% alcohol • Food supplements falling into the scope of Directive 2002/46/EC • Natural mineral waters falling into the scope of Directive 2009/59/EC

N.B. the exemption does not apply when making a nutrition or health claim or when adding vitamins or minerals to the food or drinks!


Annex V

41

Nutrition Labelling – bases for declaring nutrient values


Declared values shall, according to the individual case, be average values based on:

a) the manufacturer’s analysis of the food; b) a calculation from the known or actual average values of the

ingredients used; or c) a calculation from generally established and accepted data

(e.g. Eurofir)

EU Guidance with regard to the setting of tolerances and rounding rules for nutrient declaration

Article 31

42

Nutrition Labelling – ‘back of pack’

Nutrition information Per 100g

(/Per 100ml) Per Portion(/ Per Unit)

% reference intake

(GDA)*

Energy kJ/kcal kJ/kcal % Fat g g % Of which:

Saturates g g %

mono-unsaturates g1 g polyunsaturates g1 g Carbohydrate g g %

Of which:

Sugars g g % Polyols g1 g Starch g1 g Fibre g1 g Protein g g % Salt g g %

Per 100g

(/per 100ml) Per Portion

(/per unit) % reference intake

(NRV) Vitamins and minerals Units

mentioned in

Annex XIII

and % NRVs

Units

mentioned in

Annex XIII and

% NRVs

% NRV per 100g

(and/or per portion)

* GDA = Reference intake of an average adult (8400kJ/2000Kcal)

Mandatory

Voluntary


Article 30

43

Nutrition Labelling – ‘front-of-pack’ (repetition)

Two options for voluntary repetition:

or

It is not possible to provide on the ‘front of pack’ nutrition information for nutrients other than those mentioned in the above two options!


Article 30.3

44

Nutrition Labelling – ‘front-of-pack’ (repetition)


In either case, the energy value must be indicated at least per 100g or per 100 ml!

Articles 30.3, 32.5, 33.2, 34.3

45

Nutrition Labelling Guideline Daily Amounts (GDA)


• Guideline Daily Amounts (GDA) were developed by FoodDrinkEurope (then CIAA) in 2005 as a commitment under the EU Platform on Diet, Physical Activity and Health

• % GDA reference intakes are a voluntary nutrition labelling guide to how much energy and nutrients are present in a portion of a food or beverage and what each amount represents as a percentage of a person’s daily dietary need

• Endorsed and implemented by an increasing amount of food companies, large and small alike, on the front of pack

• Expression of reference intakes explicitly in EU legislation (Art. 32.4 of Regulation 1169/2011 on the provision of food information to consumers)

46

kcal

140

7%

Per 100g:

2343 kJ / 560 kcal

Per portion (25g):

GDA*

The values per portion and per 100g/ml should be displayed in the same font size (≥ 1.2 mm). Details of graphics (font, sizes, colours, shapes) are of explanatory, non-binding character only.

Nutrition Labelling Guideline Daily Amounts (GDA)

Level 1: Flexibility provided for alternative, equivalent expressions (e.g. ‘Each portion (Xg/ml) contains‘, ‘Per portion‘, ‘Per Xg/ml‘, ‘Per bar/bag/glass‘, ‘*Symbol+ Xg/ml’ etc.)

Level 2: Flexibility provided for ‘kcal’ above/right to/below the value, or for a combination of term ‘Energy’ + value + ‘kcal’

Level 3: Flexibility provided for placement of ‘GDA*’ right below or within the icon, for suppression of ‘GDA’ (with asterisk only next to %) or for ‘of an adult’s GDA*’. * Asterisk as reference to explanatory statement on FOP (if no GDAs on BOP) or BOP

Level 4: Flexibility provided for alternative expression ‘100 g/ml’ alone (without ‘Per’)


47

Nutrition Labelling – GDA reference intakes


Annex XIII

48

Nutrition Labelling – per portion or per consumption unit expression


• Most foods are not consumed in 100g/ml quantities – additional information is needed to help consumers understand the nutritional value of the amount of food/drink they actually consume

• Therefore, the energy value and the amount of nutrients may be expressed per portion or consumption unit, in addition to per 100g/ml

• General conditions when food business operators wish to use per portion/consumption unit

expression: 1.The portion/consumption unit is easily recognisable by the consumer; 2.The portion or unit used is quantified on the label; 3.The number of portions/units contained in the package is stated.

• Commission must develop rules on portions for specific categories of food

• FoodDrinkEurope has developed industry guidelines on portions

49

Nutrition Labelling – FoodDrinkEurope Guidelines on Portions


50



If a pack is designed to be consumed in one single consumption occasion, the portion is the entire pack, even if the pack weight is greater than the reference portion. Examples: Snack bar, pre-packed sandwich, meal-for-one.

51



The portion is equal to one individual pre-portioned unit only if this complies with all essential guiding principles. If declaring one individual unit as a ‘portion’ does not comply with all guiding principles, then category 3 should be applied. Examples: Sliced bread, sliced ham.

52



53



Pack proportion: where the product is designed to be consumed by a set number of people:

o Portion = total pack weight / # of

people the product is designed to serve • E.g. ‘For Two’: ‘Portion = ½ of

this pack (xg)’ o Fractions should only be used up

to ‘one eighth’ of a pack or food item.

Examples: Jam, family/share packs (e.g. crisps, cereals), some confectionery, family pizza, etc.

Reference portion: where judgment is required (rice, pasta, sauces...)

o Preferably use the term ‘typical’ (usage based on individual preferences) • E.g. ‘a typical portion is

75g rice’

or

54

Nutrition Labelling – Additional forms of expression or presentation


Provided that certain requirements are met (see next slide), all nutrients that are declared on a mandatory or voluntary basis (30.1-30.5) may, additionally, be: • expressed differently than per 100g/100ml (Art. 32.2), per % GDA reference intakes

(Art. 32.4) or per portion (Art. 33); and/or • presented in a different form than the tabular format with numbers aligned (Art.

34.2). This may be done by using graphical forms or symbols in addition to words or numbers.

Article 35

55



Article 35

1. Based on sound and scientifically valid consumer research and do not mislead the consumer as referred to in Article 7;

2. Result of consultation with a wide range of stakeholder groups;

3. Aim to facilitate consumer understanding of the contribution or importance of the food to the energy and nutrient content of a diet;

4. Supported by scientifically valid evidence of understanding of such forms of expression or presentation by the average consumer;

5. In the case of other forms of expression, based either on the harmonised reference intakes set out in Annex XIII, or in their absence, on generally accepted scientific advice on intakes for energy or nutrients;

6. Objective and non-discriminatory; and

7. Their application does not create obstacles to the free movement of goods.

56



Article 35

• A Member State may recommend the use of one or more additional forms of expression or presentation of the nutrition declaration to food business operators, including retailers and food manufacturers.

• If Member States do so, they must inform the Commission of the details of such additional forms of expression and presentation.

• Member States must monitor the various additional nutrition labelling schemes that are present on the market.

• The European Commission must submit by 13 December 2017 a report on: • the use of additional forms of expression/presentation • their effect on the internal market • the advisability of further harmonization of those forms of expression/presentation

• On this basis, the Commission may propose new (additional) EU legislation on this topic.

57

Transition Period


Conclusions and recommendations


59

Conclusions/recommendations


• For food business operators: • Get acquainted with the Regulation’s requirements (e.g. through the industry Guidance) • Prepare on time for label and management system changes in view of compliance with the

new EU rules • Be as consistent as possible in implementing the new requirements (across product

categories, markets, etc.)

• For (enforcement) authorities: • Reach agreement at EU level on a joint understanding/application without delay to provide

certainty to stakeholders, in particular food business operators • Take a pragmatic approach with regard to the application of the Regulation’s requirements

that duly considers the objectives of simplification, harmonisation and improving consumer information

FoodDrinkEurope Guidance can be a tool for further dissemination of the practical interpretation of the Regulation

60

www.fooddrinkeurope.eu


http://www.fooddrinkeurope.eu/

Documents

Guidance on Food Information to Consumers