FDF Brexit Labelling Webinar Nicola Smith Thursday 17 October 2019
Introductions Nicola Smith Director, Environment Safety and Health nicola.smith@squirepb.com T: +44 121 222 3230 ▪ One of the world’s strongest integrated law firms. ▪ Over 1,500 lawyers in 46 offices across 20 jurisdictions ▪ Ranked as one of the top 10 most global law firms in the Global 100 survey ▪ Leading mid-market firm – ranked Tier 1 for mid-market M&A by Legal 500 ▪ Cost-effective, pragmatic, commercial approach to deal-making squirepattonboggs.com 2
About this Presentation ▪ EU Law and Institutions ▪ Current Labelling Laws ▪ Application of EU Food Law after Brexit: ▪ Food Business Operator ▪ Country of origin labelling ▪ EU organic logo ▪ EU Emblem ▪ Protected Geographical Indications ▪ Health and Identification Marks for Products of Animal Origin ▪ What Food and Drink Businesses Should Be Aware of and How They Can Prepare squirepattonboggs.com 3
Current System and Labelling Laws A Brief Reminder squirepattonboggs.com
Food and Drink Laws – EU Law COMMUNITY LAW Recommendations Directives Regulations Decisions / Opinions / ECJ rulings EUROPEAN FOOD SAFETY AUTHORITY (EFSA) Risk assessment and Working with national Scientific opinions communication bodies squirepattonboggs.com 5
Reminder - EU Regulatory Framework – Food Information • Food Information for Consumers Regulation (EU FIC) - Adopted 25 October 2011 – Regulation (EU) No 1169/2011 • Applied directly in Member States since 13 December 2014 (except mandatory nutrition declaration which was13 December 2016) • Applies to FBOs at all stages of the food chain, with ‘ food business ’ meaning any undertaking, whether for profit or not, carrying out any of the activities related to any stage of production, processing and distribution of food. • Even FBOs not supplying directly to the consumer or to mass caterers need to ensure that their customers (i.e. business to business) have sufficient information to allow them to comply with the EU FIC. • UK Regulations – enabling legislation creates offences, delegates competent authorities; deals with matters where Member State discretion e.g. means of making information available. squirepattonboggs.com 6
Responsibilities under EU FIC ▪ Responsibility for information rests with operator under whose name food is marketed or importer into the EU ▪ Operators who do not affect the information must, nevertheless, not supply food which they know or presume has non-compliant labelling ▪ Operators responsible for any changes they make and these must not mislead or reduce safety ▪ All operators must ensure compliance with the requirements within their business squirepattonboggs.com 7
EU FIC – Prepacked Food Requirements ▪ Required information must be given directly on package or label attached to it. ▪ Mandatory particulars must be in minimum font size (x height 1.2mm/ 8 point print). Mandatory particulars will include: ➢ Legal name, customary name or descriptive name ➢ Ingredient listing ➢ Net quantity declaration ➢ Durability indication ➢ Name or business name and address of food business operator under whose name the food is marketed, or the importer into the EU ➢ Allergen information in ingredient list in specified format - different typeset, derivative then allergen e.g. cheese ( milk ), prawns ( crustacean ), skimmed milk ➢ Nutrition information (mandatory from 13 December 2016) ➢ Origin labelling for certain products - including for primary ingredients in all foods for which whole product origin is volunteered ➢ QUID – Quantify ingredients that appear in name of food or are usually associated with the food, or pictures emphasising ingredients. Various exemptions where largest surface area is less than 80cm2, 25cm2 and 10cm2 respectively ▪ Nutrition Declaration mandatory since 13 December 2016 for most products. squirepattonboggs.com 8
EU FIC – Article 8 – Business to Business (1) ▪ ‘Article 8 (7): In the following cases, food business operators, within the businesses under their control, shall ensure that the mandatory particulars shall appear on the pre-packaging or on a label attached thereto, or on the commercial documents referring to the foods where it can be guaranteed that such documents either accompany the food to which they refer or were sent before or at the same time as delivery: ➢ (a) where prepacked food is intended for the final consumer but marketed at a stage prior to sale to the final consumer and where sale to a mass caterer is not involved at that stage; ➢ (b) where prepacked food is intended for supply to mass caterers for preparation, processing, splitting or cutting up. ▪ Notwithstanding the first subparagraph, food business operators shall ensure that the particulars referred to in points (a), (f), (g) and (h) of Article 9(1) also appear on the external packaging in which the prepacked foods are presented for marketing . squirepattonboggs.com 9
EU FIC – Business to Business (2) ▪ Where FBO supplies to its customers falls within Article 8, the required details to be on the ‘ external packaging in which the prepacked foods are presented for marketing’ are: ➢ the name of the foods; ➢ the date of minimum durability; ➢ special storage conditions or conditions of use; and ➢ the name of the business and its address for the food business operator under whose name or business name the food is marketed (or, if that operator is not established in the Union, the importer into the Union market ). squirepattonboggs.com 10
Country of Origin Labelling ▪ Origin labelling mandatory where consumer could otherwise be misled (e.g. if image of flag) and for certain products e.g fresh or frozen beef, veal, pigs, sheep, goats and poultry; honey; fruit and veg; fish; and organic products. ▪ Commission has produced implementing rules which will require information both on the place of rearing and place of slaughter for these meats. ▪ May be extended to additional products in future. ▪ In any event, for all foods where whole product origin is volunteered IF that origin is different from origin of primary ingredient, origin labelling for primary ingredients is MANDATORY. ▪ Otherwise, COOL is voluntary. squirepattonboggs.com 11
Miscellaneous Food and Drink Laws (Importation of Food, GMOs, PGIs) • Importation of Food: Regulation (EC) No: 178/2002 – General Food Safety Requirements (definition of unsafe • food includes consideration of information provided) Specific Regulation – Foods of Animal Origin vs No Animal Content: • Council Directive 97/78/EC - products of animal origin – health and hygiene standards • Council Directive 90/425/EEC and Council Directive 91/496/EEC – animals and animal • products – animal and public health requirements • Regulation (EC) No 510/ 2006 - protection of geographical indications (PGIs) and Designations of Origin (PDOs) • Regulation (EC) No. 1829/2003 – Traceability and Labelling of genetically modified food (GMOs) and food and feed products produced from GMOs: Labelling – “ This product contains genetically modified organisms ” . • • Regulation (EC) No. 1924/2006 - Nutrition and Health Claims • Regulation (EC) No. 1935/2004 – Food Contact Materials • Product specific labelling obligations, including in relation to spirit drinks, honey, coffee extracts and chicory extracts, cocoa and chocolate products, certain sugars, fruit and vegetables, fruit juices, fruit jams, jellies and marmalades and certain milk products. squirepattonboggs.com 12
Impact of Brexit Labelling Laws Likely to be Affected squirepattonboggs.com
Application of EU Food Law after Brexit European Commission Notice to Stakeholders 1 February 2018 – Withdrawal of the UK and EU Food Law: ▪ ▪ Food Labelling and Food Information, Health and Identification Marks: • Origin labelling: EU or non-EU e.g. blend of honeys • Name or business name and address of EU importer of food from UK • Mandatory health or identification marks under Regulation (EC) 853/2004 (specific hygiene rules for foods of animal origin) ▪ Food Ingredients, Food Composition, Contaminants and Residue Limits • Approval by Commission (for food additives, food flavourings, smoke flavourings, vitamins and minerals and novel foods) • Authorisation by Commission (e.g. GMOs) • Composition requirements (e.g. food for infants/ young children, special medical purposes, diet replacement) • Food contact material requirements ▪ Requirements for FBOs and Authorisation Holders (or representatives) to be established in EU e.g. GMOs; Submission of EU Authorisation requests through EU Member State (e.g. FCMs, GMOs) ▪ Food Production Rules / Food Hygiene Rules, Food Irradiation and Organic Production Food of Animal Origin – UK/ establishments need to be listed for public/ animal health/ residue control; food to meet • hygiene requirements; border inspection posts/ consignment checks. Food of Non-Animal Origin – listing requirements N/A, but official controls at Member State level. • Irradiated Food – UK irradiation facility must be ‘listed’ by Commission. • • Recycled Plastic FCMs – third country manufacturing or recycling sites must be notified. Certificates for Organic Production – UK- issued certificates will no longer be valid; UK must be ‘listed’ by • Commission squirepattonboggs.com 14
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