allergen declaration, commission notice, food law, Studio Legale Corte

On today’s Official Journal, the EU COMMISSION published a NOTICE relating to the provision of information on substances or products causing allergies or intolerances as listed in Annex II to the FIC Regulation (EU) No 1169/2011.

The Notice is intended to assist businesses and national authorities in the application of the requirements of Regulation (EU) No 1169/2011 related to the allergen indications (Article 9(1), point (c) and Annex II to the Regulation).

The notice provides a number of clarifications on when and how to declare allergens on food labels, both for prepacked foods and for non prepacked foods.

Some of the interesting points are the following.

The notice clarifies the meaning of the terms listed in Annex II:

— ‘Cereals’ as listed in Annex II, point 1 are to be understood as an exhaustive list.

— ‘Egg’ in Annex II, point 3 refers to eggs from all farmed birds.

— ‘Milk’ in Annex II, point 7 refers to milk from the mammary gland of farmed animals.

— ‘Nuts’ as listed in Annex II, point 8 are to be understood as an exhaustive list.

— Annex II lists not only substances and products mentioned as such therein but also products thereof. In the case where microorganisms have been fed on a substrate which is a food ingredient included in Annex II, those microorganisms should not be considered as products derived from these substrates.

The notice explains the practical interpretation the provision of art. 21(1): ‘Where several ingredients or processing aids of a food originate from a single substance or product listed in Annex II, the labelling shall make it clear for each ingredient or processing aid concerned.’ It states that for the purpose of this requirement, the reference to the substance(s) or product(s) listed in Annex II must not necessarily be repeated as many times as these substances are present. Any presentation making clear that different ingredients originate from a single substance or product included in Annex II, would fulfil the requirement and would be acceptable. The reference must, however, always be directly linked to the list of ingredients, e.g. by placing the referred information at the end of the list of ingredients or in close proximity to the list of ingredients.

Furthermore, the notice clearly states that the voluntary repetition of the allergen information outside the list of ingredients is not possible, as it is not possible to use the word ‘contains’ followed by the name of the substance or products listed in Annex II; or to use symbols or text boxes.


Studio Legale Corte, food law, Paola Corte,

#FICregulation #allergenlabelling #labelling #Reg11692011 #foodlaw #StudioLegaleCorte #EUCommissionNotice



Studio Legale Corte, foodlaw.it, food law, FIC regulation, sanctions, enforcement

In yesterday's session Italy's Government approved the final version of Legislative Decree which sanctions violations of the FIC Regulation (Regulation (EU) no. 1169/2011).

The decree provides a single reference framework for the violation of the rules on the provision of food information to consumers, mainly through food labeling.

To this end, the administrative authority responsible for the enforcement has been identified in the Department of the Central Inspectorate for the Protection of Quality and Fraud Control of Agri-Food Products (ICQRF) of the Ministry of Agriculture.

The decree introduces only regulatory sanctions, commensurate to the seriousness of the violations.

The publication of the Legislative Decree in the Official Journal should be imminent.


Studio Legale Corte, food law, italian food law experts, food lawyers

#labelling #FICregulation #Reg11692011 #StudioLegaleCorte #regulatorysanctions #misleadinglabelling #foodlaw #italianfoodlaw



bread, food law, studio legale corte, italy, foodlaw.it, food-law.it

On 22 November 2017 the Emilia Romagna Region published Regional Law 17 November 2017, n. 21, "Rules for the production and sale of bread and bakery products and for their valorisation".

With the declared intention of enhancing the professionalism of craftsmen, promoting the modernization and development of bread-making and guaranteeing the right to information for the consumer, the law actually sets specific regional rules for the production and sale of bread, that are quite different from the national legislation of bread and European labelling rules. The law, in particular, provides specific requirements to be able to exercise the activity of baker, as well as selling methods and special labeling provisions for bread and bakery products.

As an example, the regional law establishes that “preserved bread” has to be sold prepackaged, on separate shelves from fresh bread. The shelves have to be marked with the words "preserved bread". In addition to the general labelling requirements, the bread label, according to this law, is required to state: the state and the method of conservation used, the origin of the dough, the origin of the product, the date of production, the name of the producer, as well as any methods of storage and consumption.

The enforcement of the law is entrusted to the Municipalities.

The regional law is accompanied by regulatory pecuniary fines of up to 10.000 euros. The penalties will be doubled in case of recidivism, and the Mayor, in cases of particular gravity, may order the suspension of the sale activity for a period of time not longer than 20 days.

The illegitimacy of the provisions of the law is evident.


Studio Legale Corte, food law, foodlaw.it, food-law.it

#Italy #bread #bakeryproducts #regionallaw #foodlaw #EmiliaRomagna #StudioLegaleCorte #labelling #mandatoryoriginlabelling #EUfoodlaw #foodlawexpert