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The Food Information Regulations (FIR)
&
Food Information for Consumer Regulations (FIC)
The Food Labelling Regulations 1996 have been replaced by the new EU Food
Information Regulation 1169/2001 (FIR). This new legislation came into force on 13
December 2011 however most requirements are not compulsory until 13 December
2014.
The main requirements are detailed in the Food Information Regulations 2013 but
this includes an annex covering general and more specific changes to nutrition
labelling which are covered in the Food Information for Consumer Regulations (FIC).
These new regulations apply to all food businesses supplying food to the public and
caterers, including retail premises, manufacturers, restaurants, delicatessens,
bakeries, sandwich bars, supermarkets, caterers, take-aways, buffets, and home
caterers. There are some exemptions for example private individuals providing food
for events such as church, village or school fetes where there is no food business
element.
Compliance Dates
 13 December 2014 – For the general labelling rules, and if provided, a
nutrition declaration must use the format set out in the EU FIC from this date;
 13 December 2016 – For the rules on the mandatory nutrition declaration
needed for most pre-packaged foods.
The Essentials
Much of what is detailed in the Food Labelling Regulations 1996 remains
unchanged. There is no change in the fundamental principles of providing safe food
which is honestly described and not misleading. In addition foods cannot be labelled
to state they will prevent, treat or cure a human disease. The following information
must be required in English on pre-packed food labelling:
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A true name or description of the food
The ingredients it contains, in descending weight order
How it should be handled, stored, cooked or prepared
Who manufactured, packed or imported it
Origin information if its absence would mislead
Allergenic ingredients identified on the label
Specific information declaring whether the food is irradiated or contains
genetically modified material or aspartame, high caffeine, sweeteners,
packaging gases etc.
Net quantity in grams, kilograms, litres etc.
Alcoholic strength where there is more than 1.2% alcohol by volume.
Food Information Regulations update 5/2/14
Main Changes
Allergens
Businesses will need to provide information if any of the foods/ingredients detailed in
the EU Regulations and indicated below are used in the preparation of food they
supply. This information can be provided on labels, shelf-edge, menus or verbally if
requested by the customer.
The 14 ingredients or products thereof causing allergies or intolerances are:
Cereals containing gluten (wheat, rye, barley, oats, spelt, kamut), Crustaceans,
Molluscs, Eggs, Fish, Peanuts, Soybeans, milk (including lactose), Nuts, Celery,
Mustard, Sesame Seeds, Lupin and Sulphur Dioxide and Sulphites (at
concentrations of more than 10mg/kg)
If the food is non-pre-packed such as in a restaurant or café then the information
about allergens can be supplied on the menu, on chalk boards, tickets or provided
verbally by an appropriate member of staff as well as in other formats made
available to the consumer. It must be clear and conspicuous, not hidden away, easily
visible, and legible. If the information is to be provided verbally by a member of staff
then it is necessary to make it clear that the information can be obtained by asking a
member of staff by means of a notice, menu, ticket or label that can easily be seen
by customers.
Allergen information must be specific to the food, complete and accurate. This also
applies to foods pre-packed for direct sale such as from deli counters or sandwich
bars.
Refusal to give information, inaccurate or incomplete information about allergenic
ingredients used in foods sold non pre-packed or pre-packed for direct sale would be
a breach of the EU Food Information for Consumers Regulations.
Irradiated Foods
Foods that are treated with ionising radiation must be labelled with the words
‘irradiated’ or ‘treated with ionising radiation’ as stated in Directive 1999/2/EC. Where
an irradiated product is used as an ingredient in another product, the same words
must accompany its designation in the list of ingredients.
Additives
Food additives (and enzymes) which are used as processing aids do not generally
have to be listed as ingredients.
The Name of a Food
The name of the food is not required under the European legislation but may be
required by UK provisions. Where there is a name laid down by law this must be
used. If not, a customary name may be used. If there is no customary name, or it is
not used, a descriptive name must be used. The name of a food may consist of a
name, a description, or both.
Food Information Regulations update 5/2/14
Additional Changes Affecting Pre-packed Food
Allergen Labelling Pre-packed Food
Allergens listed in the EU Food Information for Consumers Regulations 1169/2011
must be declared in the ingredients list on pre-packed food and emphasised through
a different font, style etc. If it is not obvious from the name of the ingredient, there
needs to be a clear reference to the name of the allergen next to it. E.g. stock (from
fish)’, couscous (wheat)’, ‘tahini (sesame)’, casein (milk), and tofu (soya)
Allergen ingredients must not be repeated elsewhere on the labelling, however sign
posting to the allergen information within the ingredients list is allowed. For example,
the use of ‘Contains’: followed by a list of allergens will no longer be permitted.
Voluntary statements highlighting the risk of cross contamination with allergens may
still be used.
Example of a label indicating ingredients and allergens;-.
Ingredients
Figs (35%), barley, flakes, toasted and malted oat flakes (oat flakes, barley malt
extract), toasted and malted wheat flakes (wheat, barley malt extract), nuts (8%)
(brazil nuts, whole hazelnuts) oat flakes, wheat flakes, sunflower seeds (2%).
! allergy advice
Please see ingredients for allergens.
May contain other nuts and milk.
Nutritional Labelling
From 13 December 2016 all pre-packed food must be labelled with nutrition
information which must be in a set prescribed format (commonly referred to as “back
of pack” or “traffic light “nutrition labelling). This comprises energy values (in
kilojoules (Kj) and kilocalories (kcal)) plus the amounts (in grams (g)) of fat,
saturates, carbohydrate, sugars, protein and salt.
Previously nutritional information was only required where a claim was made such as
‘low in fat’. Even if you already provide this information you may need to amend your
labelling as the legislation requires this information to be provided in a prescribed
order and the salt content is now required rather than sodium. There are some
exceptions and specific requirements and these are detailed in the Annex.
Field of Vision Requirements
A minimum font size has been set for all mandatory information; the height of the
letter ‘x’ in the chosen font must not be less than 1.2mm.
The field of vision requirements no longer include durability. Only the name of the
food, net quantity and alcoholic volume need to be able to be read by the consumer
from a single view point.
Distance Selling Requirements
All mandatory information must be provided both before the purchase is concluded
(except for durability date) and at delivery and at no additional cost. So if a food
Food Information Regulations update 5/2/14
business operator (FBO) is making the information available through a telephone
helpline then this number must be a free-phone line.
Commercial Selling
Formerly food supplied between some businesses was exempt from labelling
requirements. However, now everyone in the supply chain must ensure mandatory
information is available on the food labelling or on documents such as invoices so
that those further down the supply chain can meet their obligations.
Language
Food information must be given in English, however, it can also be provided in other
languages.
Name of the Food
Where there is a name laid down by law this must be used. If not a customary name
may be used. If there is no customary name, or it is not used, a descriptive name
must be used. The name of a food may consist of a name, a description or both. In
the case of some foods, there are compulsory product names that must be used for
foods meeting certain composition criteria. The name of food has always needed to
include a reference to the physical condition or treatment the food has undergone
such as ‘powered’, ‘dried’, ‘smoked’, ‘concentrated’ etc. This has now been extended
to include an indication if the food has been defrosted. The word ‘formed’ must be
used when meat or fish products have been made from different pieces of meat and
yet have the appearance of a whole piece of meat.
Name of the Business
The FBO whose name appears on the labelling is the business responsible for the
information on the label. This must be a FBO in the EU or, where the food is
imported into the EU, the importer into the EU.
Country of Origin
Some of the origin labelling provisions have yet to be agreed. These will be subject
to the Commission report. The origin or place of provenance of a food must be given
if it misleads consumers by its absence. County of origin labelling has now been
extended to the meat of pigs, sheep, goats and poultry. Beef, fish, honey, olive oil,
fresh fruit and vegetables already require this.
Freezing
The date of first freezing is required on meat and fishery products.
Minced Meat
European compositional standards and additional labelling requirements are
required for pre-packed minced meat. If you are selling only in the UK different rules
apply and a ‘national’ mark must be used, a requirement from 1 January 2014.
Animal/Vegetable Fats and Oils
The source of any animal or vegetable oil or fat ingredient must be provided and
displayed in the ingredients list e.g. palm oil, beef fat. If hydrogenated fats are used a
full description must be used such as ‘fully or partly hydrogenated.’
Food Information Regulations update 5/2/14