The document discusses recent developments related to Regulation (EU) No 1169/2011 on food information to consumers, including: 1) New questions and answers on the application of the regulation and upcoming publications on nutrition and general labelling. 2) Adaptation of the definition of engineered nanomaterials to include a new threshold and exemptions. 3) Mandatory origin labelling for certain meats and reports on extending these requirements to other foods. 4) National measures on providing allergen information for non-prepacked foods and debates around harmonizing these rules.

1. Health and
Consumers
Regulation (EU) No 1169/2011
on food information to consumers
Current status and developments
Christophe Didion
Health and Consumers Directorate General
European Commission
FIAB Seminar
Madrid 5th November 2014

2. Health and
Consumers
Topics
2
Questions & Answers Nanomaterials Origin Allergens

3. Health and
Consumers
Topics
3
Report on trans fatty acids
Report on alcoholic beverages
Nutrition declaration

4. Health and
Consumers
Question & answers
•On the basis of questions raised by stakeholders and Member States
•Not a legally biding document, but reflects
•consensus on certain issues
•Pragmatic approach
•First version available from January 2013
http://ec.europa.eu/food/food/labellingnutrition/foodlabelling/docs/qanda_application_reg1169- 2011_es.pdf
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5. Health and
Consumers
Question & answers
•New questions and answers will be grouped in an addendum, which is under final correction.
•Nutrition labelling: last discussion with Member States in June 2014
•General labelling: last discussion with Member States in October 2014
•Publication of the addendum in November
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6. Health and
Consumers
Nanomaterial labelling
Article 18.3 of Régulation (EU) No 1169/2011
•All ingredients present in the form of engineered nanomaterials shall be clearly indicated in the list of ingredients.
•The names of such ingredients shall be followed by the word ‘nano’ in brackets.
•Application: 13 December 2014
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7. Health and
Consumers
Adaptation of the definition of manufactured nanomaterials
Article 18.5
•"[…]the Commission shall […] adjust and adapt the definition of engineered nanomaterials […] to technical and scientific progress or to definitions agreed at international level."
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8. Health and
Consumers
Current definition
•Article 2(2) (t)
•'engineered nanomaterial’ means any intentionally produced material that has one or more dimensions of the order of 100 nm or less or that is composed of discrete functional parts, either internally or at the surface, many of which have one or more dimensions of the order of 100 nm or less, including structures, agglomerates or aggregates, which may have a size above the order of 100 nm but retain properties that are characteristic of the nanoscale. […]
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9. Health and
Consumers
Adaptation of the definition of manufactured nanomaterials: process
•20 October 2011 Commission Recommendation (OJ L 275/38, 20/10/2011)
•February – May 2013 – Member States and stakeholders consultations
•12 December 2013 – Commission delegated act
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10. Health and
Consumers
New definition
“engineered nanomaterial” means any intentionally manufactured material, containing particles, in an unbound state or as an aggregate or as an agglomerate and where, for 50 % or more of the particles in the number size distribution, one or more external dimensions is in the size range 1 nm to 100 nm.
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11. Health and
Consumers
By derogation:
(a) food additives covered by the definition set out in the first paragraph shall not be considered as engineered nanomaterials, if they have been included in the Union lists […]
(b) fullerenes, graphene flakes and single wall carbon nanotubes […]
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New definition

12. Health and
Consumers
12
Adaptation of the definition of manufactured nanomaterials: process
12 March 2014 : with 402 votes for, 258 against and 14 abstentions, European parliamentarians approved a resolution rejecting the new definition:
•"it is precisely food additives that may be present as nanomaterials in food"
•"the FIC Regulation does not provide for a distinction between existing and new nanomaterials"
•"a threshold of 10 % as recommended by the EFSA would be more appropriate"

13. Health and
Consumers
Adaptation of the definition of manufactured nanomaterials: next steps
•New proposal by the Commission Commission
•Application of the FIC Regulation with the current definition from December 2014
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14. Health and
Consumers
Origin labelling: new provisions
14
Mandatory origin labelling for the meats of pork, goat, sheep and poultry.
•13 December 2013 – adoption of implementing act
•1 Avril 2015 – application

15. Health and
Consumers
Origin labelling modalities for these meats
•Place of rearing = last country where
•pork was reared during 4 months,
•poultry during 1 month
•sheep/goat during 6 months
•Place of slaughtering
•Geographical level : country or "non-EU" if third countries
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16. Health and
Consumers
•(simplified) Article 26.3 - Voluntary origin labelling:
•Where the origin of a food is given and where it is not the same as that of its primary ingredient:
•(a) the origin of the primary ingredient shall also be given; or
•(b) the origin of the primary ingredient shall be indicated as being different.
•
•To be applied, this provisions need modalities via an implementing act.
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Origin labelling: new provisions

17. Health and
Consumers
Voluntary origin labelling: implementing act
17
•September 2013 – impact analysis
•Decembre 2013 – draft implementing act discussed with Member States
•Adoption procedure on hold

18. Health and
Consumers
Possible extension of mandatory origin labelling
•December 2013: Report on the mandatory origin labeling of meat used as an ingredient
•December 2014: Reports concerning:
other meats (horse, rabbit);
milk;
milk used as an ingredient in dairy products;
unprocessed foods;
single ingredient products;
ingredients that represent more than 50 % of a food.
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19. Health and
Consumers
Origin labelling options
•Geographical level:
•EU / non-EU or EU / third country
•Member State or third country
•Region
•Origin definition:
•Place of production
•Place of ingredient origin (where the ingredient was harvested)
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20. Health and
Consumers
Origin labeling of meat used as an ingredient
•Report adopted in December 2013
•Data concerning:
Consumer interest
Cost for different options
Impact on internal market and trade with third countries
•Orientation debate between agriculture ministers in March 2014
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21. Health and
Consumers
Information concerning allergens for non- prepacked foods
•Article 44 – FIC
•
• Foods offered for sale to the final consumer or to mass caterers without prepackaging
• Foods packed on the sales premises at the consumer’s request or prepacked for direct sale
• Possibility to fix modalities via national provisions
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22. Health and
Consumers
•Draft national measures were already notified by Spain, Belgium, Finland, Grece, the Netherlands, Ireland, Hungary, Slovenia and Sweden
•The national measures not only provide modalities for delivering allergen information but impose mandatory information particulars for non- prepacked foods.
•
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Information concerning allergens for non- prepacked foods – national measures

23. Health and
Consumers
•Unpacked / packed at points of sale at the request of the buyer
•Name of the food + 'packaged in protective atmosphere', information of the presence of sweeteners, liquorice, cafein
•Allergens – can be provided orally under certain conditions
•Quantity of key ingredients
•Alcohol content for alcoholic beverages
Does not apply to non-prepacked foods supplied by mass caterers except information on allergens
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Food information for non-prepacked foods – Spanish draft measure

24. Health and
Consumers
•Packed by retailers for immediate sale
•General rule: same mandatory information as for prepacked
•Fruit, vegetables & tubers
–Sale designation
–Origin
–Net amount
–Food business identity
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Food information for non-prepacked foods – Spanish draft measure

25. Health and
Consumers
Report on trans fatty acids
•Presence of trans fatty acids in foods
•Impact of measures concerning
•Infotrmation to consumest about trans fatty acids
•Restrictions on the use of trans fatty acids
In collaboration with the Joint Research Centre
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26. Health and
Consumers
Report on trans fatty acids
• Bibliography
• Workshop and JRC report
• Member States consultation
• Stakeholders consultation
• Publication of Commission
report
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27. Health and
Consumers
Report on alcoholic beverages
•Ingredient list
•Nutrition declaration
•Alcopops
•First discussion with Member States in 2013
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28. Health and
Consumers
Nutrition declaration: addition forms of expression and presentation
•Graphics complementing numerical values
•Symbols complementing nutrient name
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29. Health and
Consumers
•Use by operators
•Recommendations by national authorities
•No authorisation – no notification but criteria
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Nutrition declaration: addition forms of expression and presentation

30. Health and
Consumers
•June 2013 UK recommendation
•December 2013 Information to the Commission
•2013-2014 Debates at EPSCO, AGRI and COMP Councils
•October 2014 Letter of formal notice
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Nutrition declaration: addition forms of expression and presentation