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Food Labeling Laws

Food labelling changes after Brexit

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DEFRA have issued advice for food producers, manufacturers, retailers and suppliers on the changes to food labels if the UK leaves the EU without a deal.

The rules for what you must show on food labels will change for some food and drink products if the UK leaves the EU without a deal on 29 March 2019. Some of the new rules will come into effect from exit day. For others, you’ll have longer to update your food labels. These proposals are subject to agreement with devolved administrations and Parliamentary process.

The UK government is aiming wherever possible to allow a transition period for labelling changes in relation to goods produced or imported and placed on the UK market after exit day.

Wherever a transition period is not possible, DEFRA will encourage pragmatic enforcement within the UK.

If you export food products to the EU

The UK has no control over how food labelling changes will be enforced outside the UK. EU and other non-EU countries may require the food labelling changes are made sooner than 29 March 2019 to export to their markets. You should get advice from your EU importing contact on the EU’s labelling requirements.

Changes from 29 March 2019

You must make certain changes by this date if your UK food product is placed on the UK or EU market after the UK leaves the EU on 29 March 2019.

The UK government is aiming to allow a transition period by encouraging pragmatic enforcement for these labelling changes in relation to goods produced or imported and placed on the UK market after exit day.

EU and other non-EU countries may require wholly accurate labelling for access to their markets. You should get advice from your EU importing contact on the EU’s labelling requirements.

Country of origin labels

It will be inaccurate to label UK food as origin ‘EU’. For the UK market, you should display additional information online and on signage in shops to help clarify the origin of the food. For the EU market UK food should not be labelled as origin ‘EU’.

You must not use the EU organic logo on any UK organic products, unless the UK and EU reach an equivalency arrangement – where both still recognise each other’s standards – before exit day.

You can continue to use your approved UK organic control body logo if you qualified to use it before Brexit.

The EU organic logo must not appear on UK organic goods. If the UK is able to achieve equivalence with the EU before the UK leaves on the 29 March, then UK organic goods can enter the EU and can continue to use the logo.

If the UK does not achieve recognition from the EU, the EU market will be closed to UK organic certified produce from 29 March.

EU emblem

You must not use the EU emblem on goods produced in the UK unless you have been authorised by the EU to do so.

Pre-packaged food and caseins sold in the EU

If you’re exporting food to the EU, you must include an EU address for the food business operator (FBO) or EU importer on your packaging or food label.

Changes by 31 December 2020

You must make certain changes by this date if your UK food product is placed on the UK or EU market after 29 March 2019.

There will be a transition period to December 2020 for labelling changes in relation to goods produced or imported and placed on the UK market after exit day.

EU and non-EU countries may require wholly accurate labelling for access to their markets. You should get advice from your EU importing contact on the EU’s labelling requirements.

EU health and identification marks

If you export UK products of animal origin (POAO) to the EU, you must replace the EU oval health and identification marks with new UK health and identification marks (to be released).

You can continue to use the EU oval health and identification mark on POAO from and sold in the UK until 31 December 2020.

The new UK health and identification marks for POAO will ensure that UK products continue to display an appropriate label that clearly shows the product has been subject to the strict health and welfare checks that will continue after the UK leaves the EU. The UK government is talking to countries about new marks and will update this guidance if there is a change you need to make.

There will be a 21-month transition period that will allow POAOs, produced and sold in the UK, that carry the oval identification mark, to display the EC identification mark.

Pre-packaged food and caseins sold in the UK

You must include a UK address for the food business operator (FBO) on pre-packaged food sold in the UK. If the FBO is not in the UK, include the address of your importer bringing the food into the UK.

Country of origin labels

You can continue to label all food with the specific country or countries of origin. You can label most foods as EU origin if it’s from a member state. Food produced in the UK cannot be labelled as EU origin. The following foods must no longer refer to the EU in its origin:

Minced meat

For minced meat (excluding beef and veal) made, for example, with meat from the UK and EU the origin would be labelled “UK and non-UK”.

Fruit and vegetables

Fruit and vegetables

For mixes of UK fruit and vegetables, you must replace any references to the EU with UK on the label. For example, “a mix of EU and non-EU origin” changes to “a mix of UK and non-UK origin”.

If you’re part of the Approved Trader Scheme, you must remove the EU flag from your UK food labels. You can use the replacement UK label instead.

Blended honeys and olive oil

If your honey or olive oil is a blend from different countries, you must list each country of origin on the label, or state “blend of [honeys/olive oils] from more than one country” (or similar wording) on the label.

Beef and veal

If the animal your beef or veal came from was born, reared or slaughtered outside of the UK and EU, your label must state “Origin: non-UK”.

For beef from live animals imported to the UK where you do not know the origin country of the animal, you should replace “live import into the EC” with “beef from a live import into the UK” on the label.

Eggs

If you import eggs that are not produced under farming methods that meet UK standards from non-EU countries, you should mark them as “Non-UK standard” rather than “Non-EC standard”.

If you produce a GI-protected food or drink product (except wine or spirits), you must use the relevant UK logo (to be released) on any products for sale in the UK. If you produce GI-protected wine or spirits, the logo use is optional.

Updated EFSA ruling for CBD classes supplement ingredient as Novel Food

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The European Food Safety Authority (EFSA) has reclassified cannabidiol (CBD) as a Novel Food in a change that may mean CBD and hemp-derived food supplements cannot be legally sold within Europe.

Whilst not an official ruling the recently-added submission to the Agency’s Novel Foods catalogue for the term ‘Cannabinoids’ now states, “…extracts of Cannabis sativa L. and derived products containing cannabinoids are considered novel foods as a history of consumption has not been demonstrated.

“This applies to both the extracts themselves and any products to which they are added as an ingredient (such as hemp seed oil). This also applies to extracts of other plants containing cannabinoids. Synthetically obtained cannabinoids are considered as novel.”

The amendment comes as media reports identified the UK, France, Germany, Italy and the Netherlands as the countries asking for an update to the catalogue, citing ambiguity concerning regulation of CBD and other hemp-derived products.

Further news reports suggested the UK’s Food Standards Agency (FSA) now want CBD food products removed from commercial sale while the application to permit its use is finalised.

If successful, producers would be unable to sell products for up to 18 months cutting off supply to consumers.

“We are considering the way forward in light of this clarification at EU level,” said the FSA.

“We are meeting with relevant industry representative bodies, local authorities and other stakeholders to clarify how to achieve compliance in the marketplace in a proportionate manner.”

Final opinion in March

EFSA are currently considering a novel food application for CBD for use in food supplements in adults with a daily intake of up to 130 milligrams (mg). A final opinion is expected from March 2019.

If EFSA is successful, the European Commission will draft an implementing act permitting the use of the product within seven months.

The European Industrial Hemp Association (EIHA), which only last October were asked by the European Commission to advise on traditional or novel food status of hemp extracts, reiterated its position by saying, “Hemp extracts and tinctures were indeed made and sold in products, which would nowadays be “supplements” up to 80 years ago.

“Other evidence shows the use of hemp green parts (flowers, leaves) in applications such as “hemp-beer” brewing and herbal infusions/tea making.

“Hemp flowers used for the production of beer-like beverages have been recognised as food ingredients by the European commission since 1998.”

The Association went on to request that European Union institutions rapidly adopt a policy strategy that would allow Europe to compete on the world stage that shows increasing competitive approaches from Asia, Canada and the US.

“For all these reasons EIHA requests the European Commission to recognise hemp extracts with naturally occurring CBD levels as traditional in food.”

WHO opinion

A World Health Organisation (WHO) report published back in June 2018 quoted WHO experts, who stated CBD is generally well tolerated with a good safety profile.

Dr Sarah Brewer, medical nutritionist and health journalist believed the new classification by EFSA was for regulatory/technicality reasons and not for safety reasons.

“Given that there is some uncertainty on the future free availability of CBD supplement, I’d recommend that people who find it beneficial for well-being continue as previously by ordering from a trusted supplier and continuing to take their CBD Oil.”

“With all the change taking place there is still a great deal of misunderstanding and misleading information about CBD Oil on the market.

Approved Novel Food Status

Approved Novel Food Status.

Rollo de Sausmarez, director of new product marketing and development at Healthspan, a UK-based mailorder supplier of vitamins, minerals and health supplements said the next steps were to get CBD an Approved Novel Food Status.

“Many things have been deemed safe by passing a safety assessment under the Novel Food Regulation – e.g. Chia seeds, Krill Oil, Vitamin K,” he said.

“This process takes about a year, and CBD manufacturers and brands will be pursuing this approach. All over Europe the local food safety authorities will be considering their approach, in each member state and in time will publish their stance.

“Healthspan will continue to work with relevant bodies such as EFSA, FSA and the CTA (Cannabis Trade Association).”

The EU novel foods legislation refers to any food or ingredient not in widespread use prior to 1997 now needs to undergo an authorisation procedure that demonstrates evidence of its widespread use before 1997 and/or that it is safe for consumption.

Each country has a legal right to have changes made to the Novel Food Register if they can get a majority to agree. In this case, the five initial petitioners, Germany, Italy, France, UK and The Netherlands managed to gain support from 17 member states.


UAE bans formula ads in attempt to promote breastfeeding

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The UAE Cabinet has implemented a blanket ban on the advertising of infant formula and other infant nutrition products, including follow-up formula and complementary foods.

The marketing and advertising of other formula-related products,such as feeding bottles and teats, have also been banned.

This regulatory update is based on a law that was passed in April last year, whereby a resolution to regulate the marketing of breastmilk substitutes was adopted.

The purpose of the law was to promote exclusive breastfeeding during the first six months of life, while ensuring that children who needed formula consumed only safe and natural breastmilk substitutes.

Manufacturers were also required to provide approved identification cards containing relevant information on optimal consumption.

The law was implemented in accordance with the International Marketing Code of Breastfeeding, as well as WHO and UNICEF recommendations that babies be breastfed exclusively for the first six months of life, after which complementary foods can be introduced as a supplement to breastfeeding until children are two years of age or older.

These recommendations are in turn based on the idea that breastmilk is superior to other forms of nutrition when it comes to healthy growth and development and disease prevention in infants and young children.

Dr Esmat Mohd Al Qassim, head of the primary healthcare department’s mother and child health section (under the Ministry of Health and Prevention), said the main function of the new law was to help protect, promote and support breastfeeding by regulating the marketing and advertising of nutrition products for infants and young children (birth to two years old).

The promotion of such products, she added, had to be prohibited as it would affect breastfeeding and “undermine mothers’ confidence”.

In addition to the advertising ban, the UAE government also aims to promote breastfeeding by encouraging hospitals, clinics, and healthcare centres to be ‘baby-friendly’, in line with UNICEF and WHO guidelines.

This includes healthcare professionals attending the WHO-UNICEF’s 20-hour breastfeeding promotion course and 90-hour lactation course, as well as familiarising themselves with official breastfeeding assessment guidelines.

Furthermore, the UAE’s annual International Breastfeeding Week (August 1 to 7) and National Breastfeeding Week (November 8 to 14) seeks to further raise awareness and educate mothers.

Wider support network

Apart from the aforementioned branches of government promotion of breastfeeding in the UAE, a wider network has also been established to ensure mothers receive adequate support when it comes to infant nutrition.

The Breastfeeding Friends (BFF) Society in Sharjah is one such voluntary organisation.

Breastfeeding counsellor and supervisor Badriyyah Riad told local media that the added nutrients in certain formula products were “not research-based” , and that “false advertising” was involved.

She also raised concerns about doctors recommending formula to parents as a first choice for their children, adding that company representatives should not be allowed to offer samples and gifts to parents or doctors.

BFF reports any observation of suspicious activity in this regard to the International Baby Food Action Network (IBFAN), and emphasises the importance of enforcement to keep International Code violations at bay.

However, it also recognises that mothers need sufficient support in order to minimise their chances of choosing formula over breastfeeding. Riad said that for mothers who claim to lack adequate milk to breastfeed, BFF teaches them that it is “a matter of simple adjustments” .

BFF also provides a 40-hour training course for peer counsellors on common problems faced by mothers, and prepares mothers for their post-natal return to work by educating them on their maternity leave entitlements, and how to incorporate breastfeeding into their lifestyle.

At the same time, the organisation’s volunteers visit new mothers in the hospital during the Breastfeeding Weeks, offer hotline support 10 hours a day in three languages — Arabic, English and Urdu — and are all enrolled in peer counsellor training to learn how best to manage mothers’ concerns.

Salma Haroun — who has been volunteering with BFF since 2005 — said, “We also educate our volunteers on how to recognise when a formula company has violated any law on marketing and advertising their products.”

Formulating solutions for the individual

She added that despite the strict regulations on formula advertising, BFF acknowledged the necessity of formula in certain situations.

“We do understand there are situations where mothers need some kind of supplementation (to feed their children), but the laws are important so that mothers who have no problem breastfeeding are not offered formula.

“When we meet mothers who have medical or hormonal issues that prevent them from breastfeeding properly, we do our best to assist them in providing for their babies using mixed feeding. But before that, we offer help in stimulating breastmilk production, and encourage mothers to visit our lactation clinic in Sharjah.”

Outside of Sharjah and throughout the UAE, BFF boasts an extensive network of volunteers who are able to refer mothers to suitable healthcare professionals in their respective areas of residence.

“We respect every mother’s decision, but before she makes the final conclusion on how best to feed her child, we want to be sure we have given her all the information and help she needs.

“Infant nutrition products from any company that does not engage in Code violations should be safe to consume, but again, we would not recommend this approach to all mothers — we prefer to assess them individually and make such recommendations on a case-by-case basis.”


Food firms slammed for mislabelled bread products in Norway: ‘This is a clear breach of trust’

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The Norwegian Consumer Council has criticised food manufacturers after eight out of ten bread products sold in Norway were found to be mislabelled, including errors in ingredients and allergens lists.

A report conducted last year by the Norwegian Food Safety Authority has found that 85% of bread products in Norway displayed errors or defects in their labelling.

According to the 2018 study (available here in Norwegian), 209 bread products were examined. These include baked and half-baked bread, baguettes, crisp breads, and hamburger buns.

The majority of errors appeared in products’ ingredients lists, accounting for approximately 50% of the mistakes, followed by allergen labelling and nutritional labelling – both around 40% – and highlighted ingredients, which accounted for approximately 20% of the defects.

While none of the labelling errors presented health hazards to consumers, the Norwegian Consumer Council said consumers have a right to feel confident they know what they are eating.

“This is a clear breach of trust against consumers…The result is discouraging and testifies to [this] culture in the bread industry, both nationally and internationally,” said spokesperson Gunstein Instefjord in a statement.

“The Consumer Council considers deficiencies in allergen labelling and misleading labelling…as the most serious of the cases. For those who have food allergies or food intolerances, this is particularly important,” he added.

‘It is fully the responsibility of the manufacturers’

According to the Federation of Norwegian Bakers and Confectioners, industry needs to take responsibility. The membership organisation told FoodNavigator it is liaising with the government to address these issues.

“The manufacturers have to adopt more competence on the issue and to take action to improve the labelling…It is fully the responsibility of the manufacturers to do this right,” said a spokesperson for the Federation.

“The Norwegian Federation of Bakers and Confectioners has met with the Food Safety Authority, and we will cooperate on giving courses on the matter to the industry. We have already started working on this,” the spokesperson continued.

The Norwegian Consumer Council agreed that manufacturers need to address food safety and labelling protocol.

“Bread is a crucial part of the daily diet among most Norwegians, and…food manufacturers in Norway are obliged to follow the EU regulation of food information to consumers,” said Instefjord.

“Hence, it is their responsibility that they follow the rules when packaging is designed and developed,” he continued.

Should Norway name and shame?

The Norwegian Food Safety Authority’s report investigated both Norwegian and imported products, but did not published brands nor product names.

“This is information that we think should have been included,” stated the Norwegian Consumer Council’s Instefjord.

Beyond singling out manufacturers, the Council acknowledged the importance of testing labels within the food industry.

“This report demonstrates how important these kinds of labelling checks are and we think the manufactures – not only bakeries but all food manufacturers – will be reminded of how important correct and honest labelling is,” said Instefjord.