Regulation (EU) No. 1169/2011 (Food Information Regulation)

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Regulation (EU) No. 1169/2011

Title: Regulation (EU) No. 1169/2011 of the European Parliament and of the Council of 25 October 2011 on consumer information about food and amending Regulations (EC) No. 1924/2006 and (EC) No. 1925/2006 of European Parliament and of the Council and repealing Directive 87/250 / EEC of the Commission, Directive 90/496 / EEC of the Council, Directive 1999/10 / EC of the Commission, Directive 2000/13 / EC of the European Parliament and of Council, Directives 2002/67 / EC and 2008/5 / EC of the Commission and Regulation (EC) No. 608/2004 of the Commission
Designation:
(not official) 		Food information regulation
Scope: EEA
Legal matter: Food law
Basis: TFEU , in particular Article 114
Procedure overview: European Commission
European Parliament
IPEX Wiki
To be used from: 1st of January 2014
Reference: OJ L 304 of November 22, 2011, pp. 18-63
Full text Consolidated version (not official)
basic version
Regulation has entered into force and is applicable.
Please note the information on the current version of legal acts of the European Union !

The Food Information Regulation (LMIV) passed on October 25, 2011 as Regulation (EU) No. 1169/2011 regulates the labeling of food in the European Union (EU) . The first draft is from January 31, 2008. The European Parliament adopted the proposal on July 6, 2011 (COM / 2008/0040). One addendum is from September 16, 2011, another from November 18, 2011. It has been binding in all EU member states since December 13, 2014 .

The LMIV applies to food business operators at all stages of the food chain, provided that their activities concern the provision of information about food to consumers. It applies in particular to all foodstuffs that are intended for the end consumer , including foodstuffs that are provided by providers of mass catering and for foodstuffs that are intended for delivery to suppliers of mass catering. This Regulation shall also apply by transport companies rendered catering services ( catering ), when the departure is within the territories of the Member States.

overview

Chapter I defines the subject matter, scope (Art. 1) and basic legal terms (Art. 2) of the regulation. Article 3 (1) lists the following objectives:

"The provision of information about food serves a comprehensive protection of the health and interests of consumers by providing end consumers with a basis for an informed choice and the safe use of food with special consideration of health, economic, environmental, social and ethical aspects."

Cape. III firstly requires that every food item that is to be delivered to end consumers or providers of communal catering must be accompanied by information about it (Art. 6), and lays down principles of fair information practice (Art. 7) and the responsibility of the food business operator or importer on (Art. 8). In chap. IV (Art. 9–35) the mandatory information on food is specified in detail (see below for details). The LMIV closes with chap. V - Voluntary information on food (Art. 36–37), chap. VI - National regulations (Art. 38–45) and Chap. VII - Implementation, amendment and final provisions (Articles 46–55).

Mandatory information about food

Principles

The regulation names three main categories of mandatory food information, namely:

  1. the identity and composition, properties or other characteristics of the food,
  2. to protect the health of consumers and the safe use of food, in particular
    1. a composition that could be harmful to the health of certain groups of consumers,
    2. for the shelf life, storage and safe use of the food and
    3. on the effects on health, in particular on the risks and consequences of harmful and dangerous consumption of food, and
  3. on nutritional properties in order to enable the consumer - even with special nutritional needs - to make an informed choice.

This should be decisive for the obligation to provide food information

  • the widespread, majority needs of consumers who they consider significant for themselves, and
  • its use which it is generally believed to have for the consumer.

So the decisive factor is less the scientific meaningfulness or the objectively measurable utility value than a traffic perception and expectation from the consumer's point of view.

directory

The labeling of prepackaged foods must contain the following information:

a) the name of the food (as previously, according to LMKV, the sales name such as "wheat flour type 550").
b) the list of ingredients , if there is more than one,
c) the ingredients and auxiliary substances (as well as their derivatives ) according to Annex II, which cause allergies and intolerances , for example highlighted in color or in the font, unless these substances are already mentioned in the designation a),
d) the amount of certain (classes of) ingredients,
e) the net quantity,
f) the best before date or use-by date and, in the case of meat, a meat preparation and a fishery product that has been frozen, also the date of the (first) freezing,
g) special instructions for storage and / or use, if applicable,
h) name or business name and address of the food business operator,
i) the country of origin or the place of origin (if provided for in Art. 26),
j) instructions for use where appropriate use would be difficult,
k) the indication of the alcohol content for drinks with more than 1.2% alcohol by volume and
l) since December 13, 2016, the nutrition declaration , whereby remnants of previously produced stocks with old labeling may still be placed on the market.

Exceptions to these labeling requirements apply to glass bottles for re-use that have a non-removable label, as well as to packaging the largest surface of which is less than 10 cm²; then only the details a), c), e), f) and l) of this directory are mandatory.

The minimum font size for all information is 1.2 mm - based on the height of the small x. If certain ingredients are highlighted or emphasized on the packaging by text or images, their percentage must be specially marked in the list of ingredients (see d)), e.g. B. by bold type ( quid rule ).

For non-prepacked food (so-called OTC food for "over the counter" for "over the counter"), according to Art. 44, only the so-called allergen labeling (ie c) of the list) is mandatory, for which the member states issue additional national regulations allowed to.

Exceptions to the mandatory nutrition declaration

Voluntary nutritional information on a network of unprocessed oranges
  1. Unprocessed products that consist of only one ingredient or ingredient class;
  2. Processed products which have only undergone a ripening treatment and which consist of only one ingredient or ingredient class;
  3. water intended for human consumption, including water to which only carbon dioxide and / or flavorings have been added;
  4. Herbs, spices or mixtures thereof;
  5. Salt and salt substitutes;
  6. Table sweets;
  7. Products within the meaning of Directive 1999/4 / EC of the European Parliament and of the Council of 22 February 1999 on coffee and chicory extracts (1), whole or ground coffee beans and whole or ground decaffeinated coffee beans;
  8. Herbal or fruit teas, tea, decaffeinated tea, instant or soluble tea or tea extract, decaffeinated instant or soluble tea or tea extract without the addition of other ingredients as aromas that do not change the nutritional value of the tea;
  9. Fermented vinegar and vinegar substitutes, including those to which only aromas have been added;
  10. Flavors;
  11. Food additives;
  12. Processing aids;
  13. Food enzymes;
  14. Gelatin;
  15. Gelling aids for jam;
  16. Yeast;
  17. Chewing gum;
  18. Food in packaging or containers the largest surface of which is less than 25 cm²;
  19. Food, including artisanal food, that is directly supplied in small quantities from produce by the manufacturer to the final consumer or to local retail outlets that supply the produce directly to the final consumer.

Annexes to the LMIV

The annexes of the LMIV include in detail:

  1. Special definitions (Annex I),
  2. Substances or products that cause allergies or intolerances (Annex II),
  3. Food whose labeling must contain one or more additional information (Annex III),
  4. Definition of the X-height (Annex IV),
  5. Food that is excluded from the mandatory nutrition declaration (Annex V),
  6. Name of the food and special additional information (Annex VI),
  7. Indication and description of ingredients (Annex VII),
  8. Quantitative indication of ingredients (Annex VIII),
  9. Specification of the net quantity (Annex IX),
  10. Best before date, use-by date, date of freezing (Annex X),
  11. Types of meat for which the indication of the country of origin or the place of provenance is mandatory (Annex XI),
  12. Alcohol content (Annex XII),
  13. Reference quantities for the daily intake of vitamins, minerals, energy and selected nutrients (Annex XIII),
  14. Conversion factors for calculating the energy (Annex XIV) and
  15. Drafting and presentation of the nutrition declaration (Annex XV).

National regulations

In principle, the enactment or maintenance of national regulations on aspects already covered by the regulation is prohibited. Unless this is permitted under Union law. Member States may issue individual ordinances if the aspects concerned have not already been dealt with by the ordinance.

The following applies to national provisions permissible under Union law: they must not hinder, prevent or restrict the free movement of goods by, for example, discriminating against foodstuffs from other Member States.

Member states can make regulations on additional mandatory information. In other words, supplement the regulations that have already been regulated at national level. An addition must be justified for at least one of the following reasons: protecting public health; Consumer protection; Fraud prevention and protection of industrial and commercial property rights, designations of origin, registered designations of origin and against unfair competition.

It should be noted that a label of origin or country of origin can only be issued if there is a verifiable connection between certain qualities of the food and its origin or origin.

A planned enactment of a new piece of legislation by a Member State must be requested using the notification procedure. The Member State must inform the Commission and the other Member States of the adoption of a new food information regulation, stating the reasons. The Standing Committee on the Food Chain and Animal Health will then consult on the usefulness of the rule.

Execution in Germany

First of all, the Provisional Food Information Supplementary Regulation of the Federal Ministry of Food and Agriculture of November 28, 2014 supplemented the EU regulation that is directly applicable in all member states. It and the existing labeling regulations then replaced the regulation to adapt national legal provisions to Regulation (EU) No. 1169/2011 on informing consumers about food on July 13, 2017 with the Food Information Implementation Regulation - LMIDV, among other things .

Individual evidence

  1. ↑ Proposal for a regulation of the European Parliament and of the Council on consumer information about food (COM / 2008/0040) (PDF) .
  2. ↑ Legislative resolution ( text ; PDF file; 591 kB)
  3. ↑ Questions and answers on the Food Information Regulation, press release of July 6, 2011.
  4. ↑ register.consilium.europa.eu
  5. ↑ Corrigendum to Regulation (EU) No. 1169/2011 of the European Parliament and of the Council of October 25, 2011 on consumer information about food and amending Regulations (EC) No. 1924/2006 and (EC) No. 1925 / 2006 of the European Parliament and of the Council and repealing Directive 87/250 / EEC of the Commission, Directive 90/496 / EEC of the Council, Directive 1999/10 / EC of the Commission, Directive 2000/13 / EC of the European Parliament and of the Council, Commission Directives 2002/67 / EC and 2008/5 / EC and Commission Regulation (EC) No. 608/2004 , accessed on April 25, 2016 . In: Official Journal of the European Union. L 304 of November 22, 2011.
  6. ↑ Article 55 of Regulation (EU) No. 1169/2011 of the European Parliament and of the Council of October 25, 2011 on consumer information about food and amending Regulations (EC) No. 1924/2006 and (EC) No. 1925/2006 of the European Parliament and of the Council and repealing Directive 87/250 / EEC of the Commission, Directive 90/496 / EEC of the Council, Directive 1999/10 / EC of the Commission, Directive 2000/13 / EC of the European Parliament and the Council, Commission Directives 2002/67 / EC and 2008/5 / EC and Commission Regulation (EC) No. 608/2004 , accessed on June 13, 2016 , published in the Official Journal of the European Union L 304 dated November 22, 2011.
  7. ↑ Article 4 Paragraph 2
  8. ↑ List and designations according to Article 9 paragraph 1
  9. ^ Text of the preliminary food information supplement regulation - VorlLMIEV
  10. ↑ Text and amendments to the regulation on the adaptation of national legal provisions to Regulation (EU) No. 1169/2011 on the provision of food information to consumers
  11. ↑ Art. 1. Text of the Food Information Implementing Ordinance - LMIDV

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