Date of notice: 13 October 2014
Date of effect: 13 December 2014
Attention:
Industries
All food commodity groups
State Regulatory Authorities
Department of Agriculture
Central and Regional offices
ATMs and FOMs
OPVs and Meat inspection staff
Affected Markets: EU Member States
Further information:
Email Leone Basher
Phone: 02 6272 3933
Email Lynda Hayden
Phone: 02 6272 3933
Or please contact Exports if you have any queries.
The purpose of this Market Access Advice is to notify Australian food exporters and manufacturers that the European Union (EU) has developed a new regulation on the provision of food information to consumers (EU Regulation 1169/2011). The new law combines requirements in the two existing EU directives on labelling – Directive 2000/13/EC (labelling, presentation and advertising), and Directive 90/496/EEC (nutrition labelling).
Some of the key requirements in the new EU legislation include:
- allergen information (e.g. listing eggs, milk and/or gluten in the list of ingredients);
- ensuring that labels are legible (e.g. having a minimum size of text);
- having labels in languages understood by consumers (i.e. allows EU Member State countries to nominate languages required on labels); and
- mandatory nutrition information on processed foods.
The new rules will apply from 13 December 2014. The obligation to provide nutrition information will apply from 13 December 2016.
Timeline for implementation of this regulation
There is a transitional period in the new regulation which may allow for foods labelled prior to 13 December 2014 to be accepted by EU authorities until stocks are exhausted. While the Department of Agriculture’s understanding is outlined below, exporters are encouraged to check the details of this transitional period with their importers, as it is likely that this ruling may be interpreted differently in various EU destinations.
Exporters and manufacturers should work closely with their customers to ensure they understand the requirements so that labels on exported foods continue to comply with EU requirements.
Prior to 13 December 2014
- All labels on food sold in the EU must comply with existing labelling EU directives (2000/13/EC and 90/496/EEC);
- Food labelled before 13 December 2014 can continue to be exported to the EU after this date, but the establishment will need to maintain robust, auditable records that demonstrate the food was, in fact, labelled before 13 December 2014.
From 13 December 2014 and up to 13 December 2016:
- Labels on food manufactured from 13 December 2014 and up to 13 December 2016 (i.e. new stock) must include all specifications in the new regulation (EU Regulation 1169/2011), but do not need to include nutritional information.
- Labels on food manufactured prior to this date can continue to comply with existing labelling EU directives.
After 13 December 2016:
- Labels on food manufactured from 13 December 2016 must include all specifications in the new regulation (EU Regulation 1169/2011), including nutritional information.
Further information
The EU has developed guidance material on these changes, including a list of questions and answers. This is available online at
- http://ec.europa.eu/food/food/labellingnutrition/foodlabelling/proposed_legislation_en.htm and
- http://ec.europa.eu/food/food/labellingnutrition/foodlabelling/docs/qanda_application_reg1169-2011_en.pdf.
- Attachment 1 provides a summary of the requirements in the regulation as they apply to retail-ready finished foods and bulk-packed finished foods and a non-exhaustive list of the countries and language(s) each requires, and whether the requirement will be specified in new, special legislation or covered by existing consumer laws.
Industry has been consulted in the development of this Market Access Advice.
The information provided above is current at the time of writing and is intended for use as guidance only and should not be taken as definitive or exhaustive. The Commonwealth endeavours to keep information current and accurate, however, it may be subject to change without notice. Exporters are encouraged to verify these details with their importersprior to undertaking production/exports. The Commonwealth will not accept liability for any loss resulting from reliance on information contained in this notice.