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Food labelling - LMIV

IDENTIFICATION OF ORIGIN FOR PRIMARY FOOD INGREDIENTS

New rules for food labeling LMIV | Implementing Regulation (EU) 2018/775


The new Implementing Regulation (EU) 2018/775 for the labeling of primary ingredients from other sources has been in force in Europe since April 1st, 2020. The regulation therefore contains details on the application of Art. 23 Paragraph 3 LMIV (Food Information Regulation; Regulation (EU) 1169/2011).

The LMIV regulates the labeling of food with consumer information in the member states of the EU. The mandatory information for food includes allergens, nutritional values, place of origin or country of origin. Manufacturers and online retailers are affected by the new labeling regulation.


Indications of origin for primary ingredients in food - legal background

The indication of the origin of the primary ingredient is regulated in Art. 26 LMIV. According to the LMIV, according to Art. 26 Paragraph 2, the indication of origin or indication of the country of origin is mandatory in the following cases:


a) if, without this information, it would be possible to mislead consumers about the actual country of origin or the actual place of origin of the food, in particular if the information attached to the food or the label as a whole would otherwise create the impression that the food comes from a different country of origin or place of origin

(b) for meat falling within the Combined Nomenclature (CN) codes listed in Annex XI. For the application of this point, the implementing rules referred to in paragraph 8 must have been issued beforehand

The information obligations in the event that the country of origin of the food is indicated, but this differs from that of the primary ingredient, is anchored in Art. 26 Art. 3 LMIV. The Implementing Regulation (EU) 2018/775 regulates the application of this provision. The following information has to be provided since April 1st, 2020:

(3) If the country of origin or the place of origin of a foodstuff is indicated and this is not identical to the country of origin or the place of origin of its primary ingredient, then

1 . a) the country of origin or the place of provenance of the primary ingredient shall also be indicated; or

2. b) it must be stated that the primary ingredient comes from a different country of origin or place of provenance than the food. In short: If the country of origin or the place of provenance is indicated for a food, but the primary ingredient does not come from this country or place, the country of origin or the place of origin for the primary ingredient must be marked separately.


For which food products does the implementing regulation apply?

The implementing regulation applies to all food supplements as well as to prepackaged foods that are labeled with the country of origin or place of origin on the packaging.

If the packaging is labeled with the origin of an ingredient, such as "tomato sauce made from Italian tomatoes" or "yoghurt with German strawberries", there is no obligation to indicate the origin of the primary ingredient. In contrast, the regulation applies to terms such as “Italian tomato sauce” or “German strawberry yoghurt”.


Which information counts as indications of origin for food?

The following applies to the indication of the country of origin or the indication of source:

  • Explanations

  • Pictograms, such as country flags

  • Symbols


The following are not considered to be an indication of origin:

  • Protected indications of origin

  • registered trademarks with indications of origin

  • Terms that indicate an indication of the origin, but refer to the recipe / type of manufacture

  • Usual designations that only refer to the product type

Examples of descriptive terms for the recipe / design:

  • Asian stir-fry vegetables

  • Mexican style chili con carne

  • À la napoletana

Examples of common designations as an indication of the product design:

  • schnitzel

  • Tyrolean cheese spaetzle

  • Leipziger Allerlei

  • Meatballs

  • Black forest gateau


What is the primary ingredient?

The term primary ingredient is defined in Article 2 (2) lit. q) LMIV. The primary ingredient is the ingredient or ingredients of a food that make up more than 50% of the food or that consumers usually associate with the name of the food and for which in most cases a quantitative indication is required.


Can a food have more than one primary ingredient?

In principle, several ingredients can also be the primary ingredients of a food. In the case of a fruit yoghurt, for example, both the yoghurt and the fruit content are the primary ingredients of the product.

Example: "German strawberry yoghurt" (yoghurt comes from Germany, strawberries come from Spain) Indication of origin for strawberries is required


How is the different origin identified?

Art. 2 of the Implementing Regulation (EU) 2018/775 regulates how the different country of origin or the indication of the source of the primary ingredient must be labeled. The different origin must be indicated

a) with reference to the following geographical areas:

  • “EU”, “Non-EU” or “EU and not EU”; or

  • a region or other geographical area that is either in several Member States or in third countries, provided that it is defined as such under international law or is understandable for a normally informed average consumer; or

  • an FAO fishing area or a marine or freshwater area, provided that it is defined as such under international law or is understandable for a normally informed average consumer; or

  • a Member State (Member States) or third country (third countries); or

  • a region or other geographical area in a Member State or a third country, provided that it is understandable for a normally informed average consumer; or

  • the country of origin or place of provenance in accordance with specific Union legislation applicable to the primary ingredient (s) as such;

Example: "Italian tomato sauce" Ingredients: Tomato pulp 71%, tomato paste concentrate 14%, onions, sunflower oil, basil 2%, sugar, salt, natural flavor.

Different country of origin of the tomato pulp: Germany


b) or with the following declaration:

“(Name of the primary ingredient) does / do not come from (country of origin or place of provenance of the food)” or a similar wording that should have the same meaning for the consumer.

Example: "Italian tomato sauce" Ingredients: Tomato pulp 71%, tomato paste concentrate 14%, onions, sunflower oil, basil 2%, sugar, salt, natural flavor.

Tomato pulp does not come from Italy


Manufacturers are basically free to choose the marking within the scope of the options listed. However, the following principle applies: The place of origin and country of origin must be specified in full or the next higher geographical level must be specified.

Examples:

Deviating primary ingredient: Tomato pulp, "Tomato pulp comes from Spain, Germany and Argentina"

Alternatively: "Tomato pulp from EU and non-EU"


It is possible to specify several member states with "and", "or" must not be used. Combinations of the form of information, such as "Spain and non-EU", are not permitted. Only "EU and non-EU" are permitted.


What specifications exist with regard to the layout for the labeling of origin for primary ingredients?

Layout specifications for labeling the origin of primary ingredients are anchored in Art. 3 of Regulation (EU) 2018/775. According to this, the labeling must always appear in the same field of vision as the indication of the origin of the food and in a font size of at least 1.2 mm. The origin of the primary ingredient must be at least 75% of the font size of the food origin.


What is the purpose of the new labeling requirement for primary ingredients in the event of non-origin?

Indications of origin are often an indication of product quality for consumers. The new labeling requirement creates more transparency for consumers and avoids misleading.


When does the Implementing Regulation (EU) 2018/775 apply?

The implementation ordinance has been in force since April 1st, 2020. Food that was placed on the market or labeled before the deadline can be sold until stocks are exhausted, regardless of the new requirements.


What are the consequences of non-compliance with the new regulation?

In the event of a violation or non-compliance with the regulation, there is a risk of fines and competition violations subject to warnings.


How can the new implementing regulation be implemented?

The company b + b Automations- und Steuerungstechnik GmbH offers various solutions for the implementation of the labeling requirements. Our contact persons will be happy to help you find the best economical labeling solution for your requirements and framework conditions.

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