Any food supplied through distance selling must meet the same information requirements as food sold in a physical premise, e.g., a shop.
Regulation 1169/2011 defines ‘means of distance communication’ as meaning ‘any means which, without the simultaneous physical presence of the supplier and the consumer, may be used for the conclusion of a contract between those parties’.
Article 14 of FIC requires that for prepacked foods offered for sale by means of distance communication
(a) mandatory food information, except date of minimum durability or use by date must be available before the purchase is concluded and must appear on the material supporting the distance selling or be provided through other appropriate means clearly identified by the food business operator. When other appropriate means are used, the mandatory food information shall be provided without the food business operator charging consumers supplementary costs;
(b) all mandatory particulars shall be available at the moment of delivery.
In the case of non-prepacked foods offered for sale or supply by means of distance communication, S.I. 489 of 2014 requires the food business to provide information of any allergen in that food:
(a) before the purchase is concluded, on the material supporting the distance selling or through other appropriate means clearly identified by the food business which do not involve charging consumers supplementary costs, and
(b) at the moment of delivery.
This information must be provided in writing in at least one of these stages.