Labelling Requirements

Labelling Requirements

Certain of the labelling requirements applicable to food additives are set out below. Note: Regulation (EU) No. 1169/2011 on the provision of food information to consumers should be consulted when labelling of any foodstuff or food additive is being considered.

• General Labelling Requirements

  Food additives must be named in the list of ingredients by (as per Annex VII Part C of Regulation (EU) No. 1169/2011):

  • the functional class of the additive, and
  • the specific name or designated E number

  For example, sodium nitrite, a preservative commonly used in cured meat products, must be listed in the list of ingredients as ‘Preservative: Sodium Nitrite’ or ‘Preservative: E250’. The exception is food products containing sulphur dioxide and sulphites (E220-E228), at concentrations of more than 10 mg/kg or 10 mg/litre expressed as SO₂. In these cases the name of the additive must be declared along with the category and use of the E number only is not permitted.

  If the additive belongs to more than one category, the category name given shall correspond to its main function in that particular food. Additives which perform the same function in a food can be grouped together for ingredient listing purposes, e.g., Colours: E110, E120 or Colours: Sunset Yellow, Cochineal.

  A full list of the functional classes of additives can be found in Annex I of Regulation 1333/2008/EC

  The following are not considered ingredients and as a result there is no requirement to label them as such:

  • Additives whose presence in a given foodstuff is solely due to the fact that they were contained in one or more ingredients of that foodstuff, provided that they serve no technological function in the finished product (carry-over additives)
  • Additives which are used as processing aids
  • Substances used in the quantities strictly necessary as solvents or media for additives or flavouring

  However, carry-over additives, solvents and carriers for additives or processing aids should be regarded as ingredients where they originate from ingredients listed in Annex II of Regulation (EU) No. 1169/2011 which contains a list of allergenic ingredients such as peanuts and peanut products, sulphur dioxide (SO₂) and sulphites, cereals containing gluten, etc. These ingredients, or products derived from them, must always be indicated on the label with a clear reference to the name of the ingredient from which they originate.

• Carry-over/Reverse carry-over

  Some additives may be present in a food because they were contained in one of the ingredients. They need only be indicated in the list of ingredients if they perform a significant technological function in the final food. Whether or not the additive performs a technological function in the final product will depend both on the ingredient containing the additive and the food to which it is added. For example, preservatives used in fruit purée will not necessarily be performing the same function when the fruit is added to a heat-treated yoghurt which is subsequently chilled.

  There is also a provision in legislation for what is known as reverse carry-over. In this instance, an intermittent ingredient can contain an additive that it would not normally be permitted to contain, on the basis that the additive is permitted for use in the final foodstuff and that the intermittent ingredient is used solely for the final foodstuff.

  The carry-over principle does not apply to infant formula, follow on formulae or weaning foods except where specifically provided for in legislation (Council Directive 89/398/EEC) (NO LONGER IN FORCE).

• Processing aids/carriers

  Processing aids are not considered as food additives and, therefore, are not subject to the requirements of the legislation, although the differentiation between a processing aid and a food additive can be difficult. The definition of a processing aid in Regulation 1333/2008 is “any substance which is not consumed as a food ingredient by itself, which is intentionally used in the processing of raw materials, foods or their ingredients, to fulfil a certain technological purpose during treatment or processing and which may result in the unintentional but technically unavoidable presence of residues of the substance or its derivatives in the final product, provided that they do not present any health risk and do not have any technological effect on the finished product”.

  Processing aids are prevalent in many food products. For example, ascorbic acid may be used to prevent discolouration of fruit destined for use in pie making, however have no effect in the fruit pie itself, which would be cooked off during processing. However, it should be noted, if residues remains and perform a technological function in the finished product they must be considered as additives/ingredients.

• Sweetners

  Foodstuffs containing a sweetener or sweeteners must be labelled “with sweeteners(s)” near the name of the food. Foodstuffs containing both an added sugar or sugars and a sweetener or sweeteners must be labelled “with sugar(s) and sweeteners(s)” near the name of the food.

  Aspartame is a low-calorie sweetener used to sweeten a wide variety of reduced-calorie foods and beverages, including low-calorie tabletop sweeteners. Aspartame contains phenylalanine, an essential amino acid which is also found naturally in protein containing foods. Certain individuals are sensitive to phenylalanine, a rare inherited metabolic disease known as Phenylketonuria (PKU). Foodstuffs containing aspartame must be labelled “contains a source of phenylalanine”.

  Polyols, also called sugar alcohols, are a group of low calorie, carbohydrate-based sweeteners. Polyols have the taste and texture of sugar with half the calories. They are used as a food ingredient in many sugar-free and low-calorie foods such as chewing gums and ice-cream. Foods containing polyols have high amounts of low-digestible carbohydrates and as such should be consumed in moderation. Over consumption of polyol-containing foods may cause laxative effects. Foodstuffs containing more than 10 % added polyols must be labelled “excessive consumption may produce laxative effects”.

• Food colourings

  Since the 20th July 2010, food and drink containing sunset yellow (E 110), quinoline yellow (E 104), carmoisine (E 122), allura red (E 129), tartrazine (E 102) or ponceau 4R (E 124) is required to display the following warning message: “Name or E number of the colour(s) (e.g. Sunset Yellow): may have an adverse effect on activity and attention in children.”

  The warning label for these six colours, often referred to as the ‘Southampton colours’, was included in Article 24 of Regulation 1333/2008 on food additives. The requirement applies to all products placed on the market from 20th of July 2010 onwards, whereas foods placed on the market or labelled before this date can continue to be marketed until their best-before date.

  This additional labelling applies to all food and drink products, with the exception of where the colour(s) has been used for the purposes of health or other marking on meat products or for stamping or decorative colouring on eggshells. In addition, alcoholic drinks containing alcohol above 1.2 % by volume do not need to carry the warning.

• Genetically Modified Organisms (GMOs)

  Clear labelling of GMOs enables consumers to make informed choices and avoids potentially misleading consumers regarding the method of manufacture or production. Generally speaking, in the case of pre-packaged products ‘consisting of’ or ‘containing’ GMOs, Regulation (EC) No. 1830/2003 requires operators to state on a label that “This product contains genetically modified organisms”. These labelling provisions, as set out in Regulation (EC) No. 1829/2003, apply even where the final product does not contain detectable DNA or protein from GM source such as for highly refined foods like oil from GM maize or cotton seed.

  Foods or ingredients that have a GM content of no greater than 0.9 % (of authorised GM material) do not require specific GM labelling provided the operator can demonstrate that the GM presence is due to adventitious or technically unavoidable mixing that can occur during harvesting, storage, transport or processing.

  In the case of non-pre-packaged products offered to the final consumer, these words must appear on, or adjacent to the product display. Although the Regulation covers food containing material derived from a genetically modified source there are some exceptions such as processing aids which are not normally considered as ingredients.

• Additives Sold Directly to the Consumer

  In addition to the labelling requirements set out in Regulation (EU) No. 1169/2011 on the provision of food information to consumers, Council Directive 89/396/EEC on indications or marks identifying the lot to which a foodstuff belongs and Regulation (EC) No 1829/2003 on genetically modified food, food additives sold singly or mixed with each other and/or other food ingredients which are intended for sale to the final consumer may be marketed only if their packaging contains the following information:

  • The name and E number laid down in Regulation 1333/2008/EC in respect of each food additive or a sales description which includes the name and E number.
  • The statement ‘for food’ or the statement ‘restricted use in food’ or a more specific reference to its intended food use.

  In relation to table-top sweeteners, the sales description of a table-top sweetener intended for sale to the final consumer must include the term ‘… -based table-top sweetener’, using the name(s) of the sweetener(s) used in its composition. The E number does not have to be included.

• Additives not Sold Directly to the Consumer

  Food additives not intended for sale to the final consumer, whether sold singly or mixed with each other and/or with food ingredients, must be labelled with the information provided for in Article 22 of Regulation 1333/2008/EC. The labelling must be easily visible, clearly legible and indelible, and in a language easily understandable to purchasers of the product (usually food business operators). Article 22 of Regulation 1333/2008 requires that the packaging or containers of such food additives must bear the following information:

  • The name and/or E number of each food additive or a sales description which includes the name and/or E number of each food additive
  • The statement ‘for food’ or the statement ‘restricted use in food’ or a more specific reference to its intended food use
  • If necessary, the special conditions of storage and/or use
  • A mark identifying the batch or lot
  • Instructions for use, which if not included would prevent appropriate use of the food additive
  • The name or business name and address of the manufacturer, packager or seller
  • An indication of the maximum quantity of each component or group of components subject to quantitative limitation in food and/or appropriate information in clear and easily understandable terms enabling the purchaser to comply with the Regulation or other relevant EU law. Where the same limit on quantity applies to a group of components used singly or in combination, the combined percentage may be given as a single figure; the limit on quantity shall be expressed either numerically or by the “quantum satis” principle
  • The net quantity
  • The date of minimum durability or ‘use-by’ date
  • Where relevant, information on a food additive or other substances listed in Annex II to Regulation (EU) No. 1169/2011 (allergens) as regards the indication of the ingredients present in foodstuffs

  The following additional rules apply:

  • Where food additives are sold mixed with each other and/or with other food ingredients, their packaging or containers must bear a list of all ingredients in descending order of their percentage by weight of the total
  • Where substances (including food additives or other food ingredients) are added to food additives to facilitate their storage, sale, standardisation, dilution or dissolution, their packaging or containers shall bear a list of all such substances in descending order of their percentage by weight of the total

  The information required in points (E) to (G) and in the subsequent two paragraphs need only be provided on the accompanying documents relating to the consignment of the food additive, whether it is sold singly or mixed with other food additives and/or with other food ingredients provided that the indication ‘not for retail sale’ appears on an easily visible part of the packaging or container of the product in question. Where food additives are supplied in tankers, all of the information may be provided on the accompanying documents relating to the consignment which are to be supplied with the delivery.
  
  It should be noted that foods placed on the market or labelled before 20 January 2010 (the date of application of Regulation 1333/2008) which do not comply with Article 22(1) (i) (requirement to indicate the date of minimum durability or ‘use-by’ date) and with Article 22 (4) (documents supplied with or prior to the delivery) may be marketed until their date of minimum durability or ‘use-by’ date. Foods placed on the market after that date should comply fully with the labelling requirements of the Regulation.