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Proposed EU Food Labeling Rules Would Include COOL, Nutrition Labeling, Etc.

The Council of the European Union adopted its first-reading-position on a draft regulation1 on food labeling rules, which would include nutrition and country of origin labeling rules, etc.

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The following are highlights of the Council's position:

Labeling of Quantities of Fat, Saturates, Sugars, Salt, Etc. Would be Mandatory

A key element of the Council's position is making of nutrition declaration mandatory. Labeling of energy values and of the quantities of fat, saturates, carbohydrates, protein, sugars and salt would also become compulsory. All elements of the nutrition declaration would have to appear together in the same field of vision; however, some of the nutrition information could be repeated on the front of packages.

As a general principle, the Council states that the energy value and the amounts of such nutrients would have to be expressed per 100g or per 100ml, but could also be indicated as a percentage of reference intakes. Food business operators could also use additional forms of expression or presentation as long as certain conditions are met (e.g. they do not mislead consumers and are supported by evidence of consumer understanding).

COOL Labeling Would be Compulsory for Pork, Lamb and Poultry Meats

The Council also provides that the labeling of the country of origin would be compulsory, as it is currently, if the failure to do so would mislead consumers. Compulsory labeling of the country of origin would be requested for several types of meat, such as pork, lamb, and poultry, subject to implementing rules. (Note that beef is already subject to compulsory labeling of the country of origin through a separate piece of legislation.)

Compulsory COOL Labeling Could Extend to Milk, Unprocessed Foods, Etc.

The Commission states that within three years after entry into force of the new regulation it should submit a report examining the possible extension of the compulsory labeling of the country of origin to further products, such as milk, milk used as an ingredient, meat used as an ingredient, unprocessed foods, single-ingredient products, and ingredients that represent more than 50% of a food.

Alcohol Beverages, Non-Prepacked Food Would be Exempt from Nutrition Labels

The Council's position exempts certain alcoholic beverages (such as wines, products derived from aromatized wines, mead, beer, spirits, but not alcopops) from bearing the nutrition declaration as well as the list of ingredients. The Commission would, however, have to examine within five years after the entry into force of the new regulation whether the exemption was still justified.

Non-prepacked food would also be exempted from nutrition labeling, unless Member States decide otherwise at national level. Allergens, however, must always be indicated.

Minimum Font Size Would be Mandatory for Labeling Information

The Council also fixed a minimum font size for the mandatory information on the labeling, which added to other criteria, such as contrast, aims to ensure the legibility of the labels.

Council's Position to be Passed to Parliament for Second Reading

The European Commission submitted its legislative proposal to the Parliament and European Council in 2008. In June 2010, the Parliament adopted its position at the first reading of the draft regulation, voting to make the nutrition labeling of pre-packed foods mandatory and rejecting a visual warning system for high fat, sugar, or salt content of a product. The position that the Council has just adopted will now be passed back to Parliament. At the second reading, if Parliament approves the Council's text or fails to take a decision, the act would be adopted.

1In 2008, the European Commission proposed new legislation on the provision of food information to consumers. The proposal combined a Directive on labeling, presentation, and advertising of foodstuffs, and a Directive on nutrition labeling for foodstuffs. The proposal aims to make food labels clearer and more relevant to consumers and set specific requirements for displaying information on processed foods on the front of packaging and would apply to all food intended for the final consumer in EU markets.

(See ITT's Online Archives or 06/18/10 news, 10061688, for BP summary of the European Parliament adopting this draft resolution.

See ITT's Online Archives or 03/07/08 news, 08030799, for BP summary of the EU proposal to require mandatory declaration of nutrition information for pre-packaged foods.)

Draft regulation is available here.