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(Last updated: 2 Aug 2010)
Labelling: getting it right
Austrade has summarised some of the key areas of legislation relating to labelling and health claims in the UK. You should use this market briefing as a general summary of the requirements and issues, however, you should not regard it as legal advice.
Summary
All food products imported into the UK must comply with the basic legal requirements of the relevant UK & EU legislation with regards to composition, additives, labelling, packaging and waste. In addition to this, most major retailers require that food manufacturers meet certain standards in terms of their manufacturing facilities, systems and processes.The requirements for food packaging and presentation in the UK and Europe are very strict and a complex and specialist area. It is therefore very important to always check the exact wording of the legislation applicable to the circumstances you are dealing with.
In general, the food labelling requirements require prepacked foods carry:
- a name
- a list of ingredients & allergen information
- the quantity of certain ingredients used (QUID)
- net quantity (weights & measures)
- date of minimum durability
- alcoholic strength by volume (drinks over 1.2% only)
- quinine labelling
- high caffeine content warning
- sweeteners labelling
- polyol warning
- PKU warning
- packaging gasses
- raw milk labelling
- GMO labelling
- Irradiated food labelling
- nutritional panel (where a nutritional claim is made, eg low in fat)
- any special storage conditions or conditions of use
- instructions for use
- the place of origin
- the name and address of the manufacturer/ packer and the UK importer/distributor or seller (required under the Weights & Measures Packaged Goods Regulations 2006)
The Food Labelling Regulations 1996 (UK)
The Food Labelling Regulations 1996 contain the main set of rules governing the labelling of foods. For a copy of the Regulations see: www.england-legislation.hmso.gov.uk/si/si1996/Uksi_19961499_en_1.htm.
The Food Standards Agency provides a useful guidance note on the Regulations at www.food.gov.uk/multimedia/pdfs/Fguidnot1.pdf. Food labelling is also subject to certain acts and regulations which have wider application, and brief descriptions of these are given in the notes.
The Food Labelling Regulations 1996 apply directly in England, Scotland and Wales. A separate but similar law applies in Northern Ireland. Local enforcement is led by the Trading Standards Officers or the Environmental Health Officers within the Environmental Health Department of the local government offices.
General food law
There are a number of other general requirements which are listed on the Food Standards Agency website www.food.gov.uk/foodindustry/regulation/foodlaw/This overview covers the main EU and UK legislation on food imports and exports, safety, traceability, labeling and product withdrawals and recalls. The FSA has summarised the wording of the legislation referred to and you should use the site as a general summary of food safety law, however, you should regard it as legal advice and if you have any unresolved issues you should seek professional advice.
Health claims
A growing number of foods now carry nutrition and health claims prompting the EU to introduce a regulation to harmonise the provision of this type of information. The legislation has been adopted by the EU and came into force in June 2007. The stated objectives of the Regulations are to achieve a high level of consumer protection, to improve the free movement of goods within the internal market, to increase legal security for economic operators, and to ensure fair competition in the food sector. The Regulations cover voluntary nutrition and health claims made on foods; labelling, presentation and advertising; trademarks and brand names. In this context, examples of nutrition claims are: low fat, no added sugar, high in fibre. The European Food Safety Authority (EFSA) has the lead role in implementing the legislation and the Food Standards Agency is the UK’s relevant competent authority.
On the Food Standards Agency website, you will find links and tables which show the final version of the UK list of health claims which was submitted to the European Commission on 30 January 2008 - see www.food.gov.uk/foodlabelling/ull/claims/
Other general considerations
You may also wish to take into account the following when considering your food packaging for the UK:
- Misleading descriptions - certain words or phrases on a label can only be used where certain conditions are met. If you fail to meet the requirements, the label can be regarded as 'misleading'
- Genetically Modified Foods (GMOs) and Ingredients - special rules have been introduced to provide consumer information when a food or its ingredients have been genetically modified or is classed as ‘novel’ www.food.gov.uk/gmfoods/
- Other legal requirements - some foods have special regulations which control their composition and provide additional or different labelling requirements eg QUID www.food.gov.uk/foodindustry/guidancenotes/labelregsguidance/quidguid
- Food Safety Act - when you think you have the perfect label, don't forget the over-riding requirement of the Food Safety Actwww.food.gov.uk/multimedia/pdfs/fsactguide.pdf
- Weight requirements - Although not part of food labelling law, most foods are required to have an indication of the weight of the food contained within the package www.nmo.bis.gov.uk/faqs.aspx?ID=23#142
- Functional foods - for any specific medical claims, you need to liaise with the MHRA (Medical & Healthcare products Regulatory Agency) www.mhra.gov.uk
In addition to the legal considerations of food packaging, other areas that should be considered are:
- Fitness for purpose – the packaging must be suitable for the purpose of protecting the food product through out its journey to the consumer
- Does the packaging ensure the shelf life that is required – it may be advisable to carry out shelf life trials using different types of packaging
- Does the outer packaging withstand shipping and road haulage without damage to the contents - it is often advisable to carry out transit trials on products if there is any doubt
- Waste packaging – UK retailers and consumers don’t like over packaged goods which create waste and harm the environment and there are now UK government targets for all retail businesses to minimise waste www.wrap.org.uk
- Presentation – packaging presentation is very important in the UK, the consumer is used to very high quality full colour labels often with food photography on even the simplest of products. Fashions in the design of food packaging change very quickly, and pack designs become out of date in terms of image quickly.
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