The FIC Regulation of 25 October 2011 has significantly tightened the labelling rules for foodstuffs. The majority of these new rules came into force on 13 December 2014.
The European Union has amended and improved the existing food labelling provisions through FIC Regulation (Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 concerning consumer information on foodstuffs, Official Journal L 304/18 of 22 November 2011).
Under this Regulation, suppliers of foodstuffs are required to substantially amend the labelling of their products, as well as the information they provide to consumers.
The purpose of the FIC Regulation is to enable consumers to make informed choices when buying foodstuffs based on clear, comprehensive and legible information about the products, such as the nutritional value, the ingredients, the instructions for use, etc.
In principle, the information requirements apply to both pre-packed and non-pre-packed foodstuffs, but the implementation may differ. Where foodstuffs are pre-packed, the required information must appear on the pre-packaging or on the label attached to it. Where the foodstuffs are not pre-packed, the information must be sent to the operator receiving the foodstuffs so that the latter is in a position to provide the information to the end consumer, if necessary.
The FIC Regulation also stipulates that the mandatory particulars should also be available to consumers buying pre-packed foods online (by means of distance selling).
The operator under whose name or business name the food is marketed, or (if the operator is not established in the EU) the importer, is responsible for the information relating to the food. He must ensure the presence and accuracy of the information in accordance with the applicable European food legislation and the requirements of relevant national provisions.
Where foods are offered for sale by means of distance selling, the responsibility for providing mandatory food information before the purchase is concluded lies with the owner of the website.
The main novelties of the FIC Regulation are as follows:
- To improve the legibility of the labels, a minimum font size is required for the mandatory information (at least 1.2 mm, except for small-sized packaging or containers).
- Certain nutritional data are required for the majority of pre-packed foodstuffs. In addition to the nutritional declaration, fat, saturates, carbohydrates, sugars, protein and salt are to be listed.
- The presence of allergens (substances or products causing allergies or intolerances) needs to be emphasised through typesetting that clearly distinguishes this information from the rest of the list of ingredients, for example by means of the font, style or background colour. Allergens must also be listed on non-pre-packed foods, including those that are served in the restaurant industry. Through the Royal Decree of 17 July 2014, Belgium has adopted measures concerning the means by which information on allergens is to be made available (Royal Decree laying down the rules for the disclosure of certain substances or products causing allergies or intolerances for non-pre-packed foods, Belgian Official Gazette 12 August 2014).
- Vegetable oils and fats can no longer simply be listed under that description. The specific vegetable origin of these oils and fats (e.g. rape plant oil or palm plant oil) must be mentioned.
- The mandatory labelling of origin for beef is extended to pork, mutton, goat meat and poultry meat. In addition, the indication of the country of origin or the place of provenance of the main ingredients of a product will be required where the country of origin of the product is specified (whether voluntarily or compulsorily) and this is not the same as the country of origin of the main ingredients.
The new rules come into force in two phases. All the requirements listed above apply from 13 December 2014 onwards, with the exception of the provisions concerning the obligation to provide a nutritional declaration which will apply as of 13 December 2016.