The Labelling of Food in Ireland 2002

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The labelling of food in Ireland 2002

Item Type Report

Authors Food Safety Authority of Ireland (FSAI)

Rights Food Safety Authority of Ireland

Download date 26/09/2021 09:26:40

Link to Item http://hdl.handle.net/10147/44813

Find this and similar works at - http://www.lenus.ie/hse The Labelling of Food in Ireland 2002

The Labelling of Food

Sábháilteachta Bia na hÉireann in Ireland 2002 Mainistreach, Sráid na Mainistreach Íocht., ha Cliath 1

300 01 fsai-label Cover inside 19/3/02 12:05 pm Page 1

The Labelling of Food in Ireland 2002

Published by: Food Safety Authority of Ireland Abbey Court Lower Abbey Street Dublin 1

ISBN 0-9540754-0-4 17221-fsaiLabellingReport-Sec 1 22/3/02 10:42 am Page 1

CONTENTS

FOREWORD 1

1. INTRODUCTION TO IRISH AND EUROPEAN LAW 3 1.1 Irish legislative process 3 1.2 European Union legislative process 3 1.3 Laws of the European Union 4 1.4 Irish law implementing European Union law 5 1.5 Commission Green and White Papers 5

2. INTRODUCTION TO LABELLING 7 2.1 Where can I find the rules on labelling? 7 2.1.1 General labelling provisions for foodstuffs 7 2.1.2 Other labelling requirements for specific foodstuffs 7 2.1.3 The Codex Alimentarius Commission 8 2.2 How to use this guide 8

3. GENERAL LABELLING REQUIREMENTS IN IRELAND 9 3.1 Scope 9 3.1.1 When do the labelling rules apply? 9 3.2 Definitions 9 3.3 General requirements – labelling must not mislead the consumer 10 3.4 Language 11 3.5 Compulsory labelling 11 3.5.1 Name under which the product is sold 12 3.5.1.1 Legal name 12 3.5.1.2 Protected name 12 3.5.1.3 Customary name 15 3.5.1.4 Brand name/sales name/fancy name 15 3.5.1.5 Details of physical condition 16 3.5.1.6 Packaging gases 16

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3.5.2 Ingredients 17 3.6 Derogations to the general labelling rules 37 3.5.2.1 Substances not regarded as ingredients 17 3.7 When the Regulations do not apply 38 3.5.2.2 List of ingredients 17 3.8 Competent authority 38 3.5.2.3 Foodstuffs that do not require a list of ingredients 19 4. NUTRITION LABELLING 39 3.5.2.4 Name of ingredients 20 4.1 Nutrition Labelling Regulations 39 3.5.2.5 Categories of ingredients 20 4.1.1 Nutritional claims and nutrient declarations 39 3.5.2.6 Additives 21 4.1.2 The energy value of a food 44 3.5.2.7 Additives carried over from other 4.1.3 General requirements 45 ingredients 22 4.1.4 Exemptions from the Nutrition Regulations 45 3.5.2.8 Flavourings 4.2 Competent authority 45 3.5.2.9 Compound ingredients 23

3.5.3 Quantitative Ingredient Declaration (QUID) 24 5. CLAIMS ON FOOD 46 3.5.3.1 When QUID is required 25 5.1 Claims on foods 46 3.5.3.2 When QUID is not required 26 5.2 Health claims 46 3.5.3.3 Calculation of QUID 27 5.2.1 Nutritional claims 48 3.5.3.4 QUID and serving suggestions 27 5.2.1.1 Fortified foods 49 3.5.4 Net quantity 28 5.2.2 Medicinal claims 49 3.5.4.1 Multipacks 28 5.2.2.1 Presentation 50 3.5.4.2 Multipacks of items that can be sold 5.2.2.2 Purpose for which the product individually 28 is administered 50 3.5.4.3 Multipacks of items not for 5.2.2.3 Labelling requirements of medicines 50 individual sale 29 5.2.3 Borderline products 51 3.5.4.4 Exemptions from indicating the net 5.3 Competent authority 51 quantity on the label 29 3.5.4.5 Drained net weight 30 6. NOVEL FOODS AND GENETICALLY 3.5.5 Date of minimum durability 30 MODIFIED FOOD 53 3.5.5.1 When an indication of the date of 6.1 Novel foods 53 minimum durability is not required 31 6.1.1 Novel foods labelling requirements 53 3.5.5.2 The date declaration 32 6.2 Genetically modified food 53 3.5.6 Storage instructions 33 6.2.1 Genetically modified food labelling 3.5.7 Name and address 34 requirements 54 3.5.8 Origin 35 6.2.1.1 Labelling provisions of Council 3.5.9 Instructions for use 36 Regulation (EC) No. 1139/98 54 3.5.10 Alcoholic beverages 37 6.2.1.2 Labelling Provisions of Commission Regulation (EC) No. 49/2000 55

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6.3 Genetically modified additives and flavourings 56 8.5 Honey 68 6.3.1 Genetically modified additives and flavourings 8.5.1 The legislation 68 labelling requirements 56 8.5.2 Specific labelling requirements 69 6.4 Competent authority 57 8.5.3 Competent authority 69 8.6 Spreadable fats 69 7. ORGANIC FOOD 58 8.6.1 The legislation 69 7.1 Organic production 58 8.6.2 Compulsory labelling requirements 69 7.2 Labelling of organic produce 58 8.6.3 Non-compulsory labelling requirements 70 7.3 Competent authority 59 8.6.4 Permitted designations for butter 70 8.6.4.1 Compulsory labelling for the indication 8. LABELLING REQUIREMENTS FOR of the percentage fat 70 SPECIFIC COMMODITIES 60 8.6.5 Competent authority 71 8.1 Beef and beef products (including minced beef) 60 8.7 Milk and milk products 71 8.1.1 The legislation 60 8.7.1 The legislation (protection of reserved names) 71 8.1.2 Compulsory beef labelling system 60 8.7.2 Compulsory labelling requirements 8.1.3 Voluntary beef labelling 61 (protection of reserved names) 71 8.1.4 Minced meat and meat preparations labelling 62 8.7.3 The legislation (drinking milk) 72 8.1.5 Fresh meat labelling 63 8.7.4 Compulsory labelling requirements 8.1.6 Meat products labelling 63 (drinking milk) 72 8.1.7 Competent authority 64 8.7.5 The legislation (raw & heat-treated milk 8.2 Cocoa and chocolate products 64 and milk based products) 73 8.2.1 The legislation 64 8.7.6 Compulsory labelling (raw & heat-treated 8.2.2 Specific labelling requirements 64 milk and milk based products) 73 8.2.3 Competent authority 65 8.7.7 Competent authority 74 8.3 Coffee and chicory extracts 65 8.8 Dehydrated preserved milk 74 8.3.1 The legislation 65 8.8.1 The legislation 74 8.3.2 Specific labelling requirements 66 8.8.2 Compulsory labelling requirements 74 8.3.3 Competent authority 66 8.8.3 Non-compulsory labelling requirements 76 8.4 Fruit juices and fruit nectars 66 8.8.4 Competent authority 76 8.4.1 The legislation 66 8.9 Sugars 77 8.4.2 Specific labelling requirements 67 8.9.1 The legislation 77 8.4.3 Competent authority 68 8.9.2 Compulsory labelling requirements 77 8.9.3 Non-compulsory labelling requirements 77 8.9.4 Competent authority 77

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8.10 Quick frozen foods 78 8.14 Wines 87 8.10.1 The legislation 78 8.14.1 The legislation 87 8.10.2 Specific requirements for quick frozen foods 78 8.14.2 Compulsory provisions for the presentation 8.10.3 Competent authority 79 of wine 88 8.11 Jams, jellies, marmalades and sweetened 8.14.2.1 Labelling requirements 88 chestnut puree 79 8.14.2.2 Sales description 88 8.11.1 The legislation 79 8.14.3 Non-compulsory labelling of wine 89 8.11.2 Specific labelling requirements 79 8.14.4 Competent authority 90 8.11.3 Competent authority 80 8.15 Spirit drinks 90 8.12 Natural mineral waters 80 8.15.1 The legislation 90 8.12.1 The legislation 80 8.15.2 Compulsory labelling requirements 90 8.12.2 General labelling and packaging requirements 81 8.15.3 Non-compulsory labelling requirements 91 8.12.3 Specific labelling and packaging requirements 81 8.15.4 Competent authority 91 8.12.4 Specific labelling and packaging requirements 8.16 Olive oil (marketing standards-designations for spring waters 82 of origin) 91 8.12.5 Competent authority 83 8.16.1 The legislation 91 8.13 Hens eggs 83 8.16.2 Temporary non-compulsory labelling 8.13.1 The legislation 83 requirements 91 8.13.2 Current labelling rules for eggs (from 1st 8.16.3 Competent authority 92 July 2001) 83 8.17 Fishery and aquaculture products 92 8.13.2.1 Compulsory labelling requirements 8.17.1 The legislation 92 on egg packs 84 8.17.2 Specific labelling requirements 93 8.13.2.2 Non-compulsory labelling 8.17.2.1 Commercial designations 94 requirements on egg packs 84 8.17.2.2 The production method 94 8.13.2.3 Compulsory labelling 8.17.2.3 The catch area 94 requirements on eggs 85 8.17.3 Labelling exceptions for fishery combinations 95 8.13.2.4 Non-compulsory labelling 8.17.4 Traceability 95 requirements on eggs 85 8.17.5 Competent authority 95 8.13.2.5 Additional labelling requirements 85 8.13.3 Labelling provisions applicable from 1st 9. MISCELLANEOUS LABELLING RULES 96 January 2004 85 9.1 Identification of Foodstuff Lot 96 8.13.3.1 Compulsory labelling requirements 9.1.1 The legislation 96 on egg packs 86 9.1.2 Labelling requirements 96 8.13.3.2 Compulsory labelling requirements 9.1.3 Competent authority 96 on eggs 86 8.13.4 Competent authority 87

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9.2 Foodstuffs Intended for Particular Nutritional Uses 96 9.7 Foodstuffs Treated with Ionising Irradiation 106 9.2.1 The legislation 96 9.7.1 The legislation 106 9.2.2 General labelling requirements 97 9.7.2 Specific labelling and packaging 9.2.3 Specific labelling requirements 98 requirements for irradiated foods 107 9.2.4 Competent authority 99 9.7.3 Competent authority 108 9.3 Processed Cereal-Based Foods and Baby Foods 9.8 Sale of Foods & Drugs 108 for Infants and Young Children 99 9.8.1 The legislation 108 9.3.1 The legislation 99 9.8.2 Labelling requirements 108 9.3.2 Specific labelling and packaging requirements 100 9.8.3 Competent authority 109 9.3.3 Competent authority 100 9.9 Additives, Colours and Sweeteners in Foodstuffs 109 9.4 Foods Intended for Use in Energy-Restricted 9.9.1 The legislation 109 Diets for Weight Reduction 100 9.9.2 Labelling requirements for additives 110 9.4.1 The legislation 100 9.9.3 Labelling requirements for sweeteners 111 9.4.2 Specific labelling and packaging requirements 101 9.9.4 Competent authority 111 9.4.3 Competent authority 102 9.10 Flavourings for use in Foodstuffs for 9.5 Infant Formulae and Follow-On Formulae 102 Human Consumption 111 9.5.1 The legislation 102 9.10.1 The legislation 111 9.5.2 General labelling and packaging 9.10.2 Labelling requirements 112 requirements for infant formulae 102 9.10.3 Competent authority 114 9.5.3 Specific labelling and packaging 9.11 Material and Articles Intended to Come into requirements for infant formulae 102 Contact with Foodstuffs 114 9.5.4 General labelling and packaging 9.11.1 The legislation 114 requirements for follow-on formulae 103 9.11.2 Labelling requirements 115 9.5.5 Specific labelling and packaging 9.11.3 Competent authority 115 requirements for follow-on formulae 103 9.5.6 Competent authority 104 10. ENFORCEMENT 116 9.6 Dietary Foods for Special Medical Purposes 104 10.1 Competent authorities 116 9.6.1 The legislation 104 9.6.2 Compulsory labelling requirements 105 9.6.3 Competent authority 106

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APPENDIX 1. LIST OF CATEGORIES OF INGREDIENTS WHICH MAY BE DESIGNATED BY THE NAME OF THE CATEGORY RATHER THAN THE SPECIFIC NAME 117

APPENDIX 2. CATEGORIES OF INGREDIENTS WHICH MUST BE DESIGNATED BY THE NAME OF THEIR CATEGORY FOLLOWED BY THEIR SPECIFIC NAME OR EC NUMBER 119

APPENDIX 3. E NUMBERS IN NUMERICAL AND ALPHABETICAL ORDER 120

APPENDIX 4. LEGISLATION CONTROLLING ADDITIVES, COLOURS AND SWEETENERS IN FOOD 138

APPENDIX 5. GENERAL LABELLING RULES 140

APPENDIX 6. SPECIFIC COMMODITY LABELLING RULES 141

APPENDIX 7. MISCELLANEOUS LABELLING RULES 148

APPENDIX 8. PRODUCTS ELIGIBLE FOR PDO, PGI AND TSG DESIGNATIONS 150

APPENDIX 9. PRODUCTS REGISTERED UNDER THE PGI AND PDO DESIGNATIONS INTENDED FOR HUMAN CONSUMPTION 151

APPENDIX 10. PRODUCTS REGISTERED UNDER THE TSG DESIGNATION INTENDED FOR HUMAN CONSUMPTION 174

APPENDIX 11. COMMERCIAL DESIGNATIONS FOR FISHERY PRODUCTS IN IRELAND 175

APPENDIX 12. CATCH AREAS 178

APPENDIX 13. FAO MAP OF MAJOR FISHING AREAS OF THE WORLD 179

MEMBERS OF THE LABELLING WORKING GROUP 180

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FOREWORD

The principal function of food labelling is to inform consumers of the properties of pre-packaged food. The fundamental rule of the labelling of foodstuffs is that consumers should not be misled. Detailed labelling of a product educates consumers as to the exact nature and characteristics of the foodstuff and enables them to make a more informed choice.

General labelling The European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations, 2000 (S.I. 92 of 2000) is the main piece of legislation in Ireland that deals with the general labelling of pre-packaged foodstuffs for sale to consumers and also to the catering industry. These Regulations implement the provisions of the European Directive 2000/13/EC on labelling. Currently the Labelling Regulations are in the process of being redrafted by the Department of Enterprise,Trade and Employment.

The labelling Directive 2000/13/EC consolidates and repeals the previous Directive 79/112/EEC and its amendments. It came into force on 20th March 2000 however, the obligation on Member States to implement any amendments to the previous Directive 79/112/EEC before the specified deadlines remains the same.

Other labelling provisions Numerous other pieces of legislation contain sections on the labelling and packaging of foodstuffs such as the requirement to label any genetically modified food according to European Communities Regulation (EC) No. 258/97. In addition there are labelling requirements for specific food commodities, for example beef and beef products, as contained in European Communities (Labelling of Beef and Beef Products) Regulations, 2000.

This document attempts to consolidate all the information on the labelling of foods in Ireland. It is designed to be of benefit to consumers, manufacturers and the regulatory authorities alike to act as a guideline on the labelling of foods.

Omitted from this document are labelling requirements which were considered beyond the ‘food safety’ scope and which were not confined strictly to food products such as declarations on price indication, some weights and measures provisions and merchandise markings. In addition, legislation regulating foods that are not pre-packed such as fresh meat and fresh poultry meat have not been addressed in any detail.

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This publication is intended to provide a summary of the subject matter covered. It does not purport to be comprehensive or to constitute legal or other professional advice.

This document presents the position of the labelling requirements for pre-packaged food up to and including 1st February 2002. Changes to the labelling legislation are expected in the future that will necessitate the update of this guide on a regular basis.

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CHAPTER 1. INTRODUCTION TO IRISH AND EUROPEAN LAW

1.1 Irish legislative process The Oireachtas (Parliament), which consists of a President and two Houses of the Oireachtas (Dáil Éireann and Seanad Éireann), creates new legislation in Ireland. Proposed new legislation is known as a Bill which becomes an Act and is declared law when it is agreed by both houses of the Oireachtas and signed by the President e.g the Health Act, 1947.

Acts often give powers to Ministers of Governments to make secondary laws known as Statutory Instruments. Statutory Instruments (S.I.) can be written in the form of Regulations or Orders.They detail specific rules and give enforcement powers to a particular authority. For example, the Health Act 1947 Part V gives power to the Minister for Health and Children to make Regulations on food and drink. Subsequently the Food Hygiene Regulations, 1950 (S.I. 205 of 1950) were introduced to protect the health of consumers consuming food and drink.

1.2 European Union legislative process The five main institutions involved in running the European Union are the European Parliament, the Council, the Commission, the Court of Justice and the Court of Auditors as well as a number of ancillary bodies. Each has its own function.

The European Parliament’s powers include legislative and decision-making functions as well as being the budgetary authority.It has an active part in the legislative process where-by legislation is adopted jointly by the European Parliament and the Council under a ‘co-decision’ procedure. Members of the European Parliament are elected on a national (or regional) basis in each Member State and it is open to all citizens. There are approximately 626 elected representatives on various committees of the European Parliament.

The Council is the supreme legislative authority and is the ultimate decision making body (subsequent to the co-decision procedure) based on a qualified majority result. A qualified majority is the number of votes required in the Council for a decision to be adopted when issues are being debated.The Council consists of representatives of each Member State at Ministerial level. Council Ministers are politically accountable to their national parliament.

The Commission is the initiator of proposals for new legislation.Amongst other functions it acts as guardian to the EU Treaties to ensure EU legislation is applied correctly across the Member States.The Commission consists of one or more representatives from each Member State.There are currently 20 representatives from 15 EU countries in the Commission and Commissioners are generally those who have sat in national parliaments, some at Ministerial level.

The Court of Justice is the judicial institution that ensures all law is interpreted and applied uniformly in each Member State.

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The Court of Auditors is responsible for commence negotiations as (b) above. auditing the accounts of the European Union • If the Conciliation Committee reaches an and the implementation of the budget. It is agreement and approves the Common responsible for checking that the European Position it becomes law. Union spends its money according to its • If the Conciliation Committee fails to budgetary rules and for the purposes for reach a compromise on a Common which it is intended. Position, the Council may, within 6 weeks, confirm its own decision by a qualified The co-decision procedure is the procedure majority with or without the opinion of that must be followed during the making of the Parliament.The Common Position is legislation at EU level and is briefly outlined as then sent back to Parliament for its third follows (see Figure 1): reading.At this stage if the Common • The Commission formulates a proposal Position is rejected by Parliament by a which is sent to the Parliament and the qualified majority, the proposal is lost and Council for consultation. does not become law. • The Parliament formulates its opinion which sends it to the Council. 1.3 Laws of the European Union • The Council deliberates on the The laws and treaties that founded the European Commission proposal and the Union which set out the legislative framework Parliament’s opinion and adopts a draft and administrative action of the EU institutions Common Position. are known as primary EU law. e.g. the Treaty • The Common Position is then sent back establishing the European Union. Laws as to the Parliament for its second reading. approved by the institutions of the EU in the The Parliament then has three months legislative process as detailed above, are referred to either: to as secondary legislation. These secondary (a) approve (or refrain from reacting to) laws can be written in the form of a Regulation, the Council’s Common Position, in which Directive, Decision, Recommendation or an case it will be adopted and become law Opinion.Each has a different implementing effect (b) amend the Common Position in on the Member States as follows: which case the Conciliation Committee is set up.This Committee consists of EU Regulations apply in full to all Member equal representatives of the Council and States and are directly applicable and the Parliament which negotiate the immediately binding. Although EU Regulations amendments which are subsequently do not have to be transposed or ‘put into’ Irish adopted or rejected or law, it is necessary to produce Irish legislation (c) reject the Common Position outright to impose penalties and give enforcement in which case the Council can convene powers to particular authorities for the the Conciliation Committee and implementation of these EU Regulations.

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EU Directives are binding on all Member Member States to alter their own legislation States, but the obligation rests which each so as to implement the agreed rules, only national authority to transpose the Directive becomes law when they have been into National Legislation within a specified time implemented into National Legislation. Most frame. This allows Member States to take Directives detail a timeframe by which account of special national circumstances when Member States are required to have implementing the objectives of the European implemented the provisions of the Directive. rules. Failure to implement a Directive in full before the deadline could result in an action by 1.4 Irish law implementing European the European Commission before the Union law European Court of Justice. Currently the majority of new legislation originates from the European Union. EU Decisions are binding in their entirety Subsequently the legislation of the European (not just their objectives) on those to whom Union as agreed by the Member States must the Decisions are addressed such as any then be transferred into Irish law as necessary Government, an organisation or an individual. to ensure that all its provisions apply at a National level. This is achieved through the EU Recommendations and Opinions are European Communities Act 1972, which gives not binding, but express the Council’s or powers to the Department Ministers to Commissions view on policy to the Member implement EU legislation (Directives and States or to the individuals to which they are Regulations as necessary) by making National addressed. Whilst Recommendations and Regulations. These detailed rules or Opinions are not legally binding they have Regulations are usually in the form of political and moral significance and can be Statutory Instruments. preliminary requirements to subsequent mandatory rules. 1.5 Commission Green and White Papers Most European food law is in the form of a Commission Green Papers are documents Regulation or a Directive. The subtle intended to stimulate debate and launch a differences between the two are important. process of consultation at European level on a The provisions of Regulations being ‘directly particular topic.These consultations may then applicable’ become law in each Member State lead to the publication of a White Paper, from the time the Regulation is enacted. translating the conclusions of the debate into Courts within each Member State must use an practical proposals for Community action. EU Regulation as if it were national law.An EU When a White Paper has been favourably Regulation is more powerful and overrides any received by the Council, it can become the national rules that may exist. However, action programme for the European Union in Directives being a binding agreement by the area concerned.

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The Commissions White Paper on Food Safety published in 2000, builds on the consultation arising from the Commission’s Green Paper on Food Law published in 1997. The White Paper sets out a major programme of legislative reform as well as the establishment of a new European Safety Food Authority in order for the European Commission to achieve its goal of the highest possible level of health protection for the consumers of Europe's food.

Figure 1:The co-decision procedure Commission Proposal

Parliament 1 Opinion Council Common Position

Parliament2

Approval or no action Amendment by absolute Rejection by absolute majority majority

Council Commission Council

Adoption of common Parliament’s amendments Parliament’s amendments Conciliation Committee position by qualified majority accepted not accepted convened

Council

Adoption by Adoption only by Agreement No agreement qualified majority unanimous agreement

Rejection Instrument adopted by Rejection confirmed by 3 and Council Parliament absolute majority of unanimously or by Parliament 3 proposal notes Conciliation Committee qualified majority convened by Parliament and Council

Agreement No agreement

Instrument adopted by Council Parliament and Council unanimously or by qualified majority Common position confirmed by qualified majority

Parliament3

Instrument rejected by 1 First Reading absolute majority; 2 Second Reading proposal lost 3 Third Reading

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CHAPTER 2. INTRODUCTION TO LABELLING

2.1 Where can I find the rules on labelling? The provision of information on the label of a foodstuff can be broken down into two main areas:

(i) General labelling provisions (section 2.1.1 below) There are two main pieces of legislation, one at European level and one at National level, that control the general labelling, packaging and advertising of foodstuffs: • The European Labelling Legislation: Council Directive 2000/13/EC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs • The National Labelling Legislation: European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations, 2000 (S.I. No. 92 of 2000)*

(ii) Other labelling requirements for specific foodstuffs (section 2.1.2 below) There are numerous other pieces of legislation which contain sections on the labelling and packaging of particular foodstuffs.

2.1.1 General labelling provisions for foodstuffs The system for the labelling, presentation and advertising of food products throughout the European Union ensures that one standard exists for all Member States so that producers are protected against unfair competition and consumers protected against misleading products and advertising.

The Directive lays down the general requirements regarding the labelling of foodstuffs such as the requirement that the labelling must be legible, informative and not mislead the consumer. In addition, it details the compulsory information that must appear on the label of the pre-packaged food such as the list of ingredients.Where no rules are laid down at European level, Member States can adopt national rules.

2.1.2 Other labelling requirements for specific foodstuffs There are over 40 European Union laws that relate to food labelling.Vertical Directives or specific commodity legislation contains mandatory labelling provisions for specific products such as Community rules on meat or eggs (Appendix 6 lists the specific commodity labelling rules). Other specific Directives govern the characteristics of a foodstuff such as those for dietary foods for special medical purposes (Appendix 7 lists these miscellaneous labelling rules).

There is an ever increasing consumer demand for more specific information to be provided on the label regarding food allergies, foods that contain genetically modified organisms, the method of production, etc. However,the limit on the amount of information that can be placed on the label must be recognised as the more complex the label becomes the harder it is for the consumer to understand it. A balance

* European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations, 2000 (S.I.No. 92 of 2000) are currently being drafted.

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must be reached to ensure that the label aids Chapter 4 on nutrition labelling details the consumer purchasing decisions and provides nutrition information that must be declared on sufficient information on the true nature of the the label and its presentation where a product, but does not confuse the consumer. nutritional claim is made such as ‘high fibre’, ‘low fat’ or ‘low calorie’. 2.1.3 The Codex Alimentarius Commission Chapter 5 is on claims. Claims regarding the The Codex Alimentarius Commission (CAC) properties of a foodstuff are not permitted on was established in 1962 as a subsidiary body of the label if they could mislead the consumer to the Food and Agriculture Organization of the a material degree. Medicinal claims, such as United Nations (FAO) and the World Health claims that a foodstuff can treat human Organization (WHO) to implement the Joint disease, are prohibited. FAO/WHO Food Standards Programme. It is the body responsible for compiling international Chapter 6 on novel foods and genetically food codes such as standards, codes of practice modified food details what is classified as a and guidelines with the principal objective of novel or ‘new’ food and the compulsory protecting the health of consumers and labelling provisions that apply. Genetically facilitating fair practices in the food trade. modified foods are a category of novel foods that have their own specific labelling The Codex Alimentarius is the collection of requirements in food. international food standards that have been adopted by the Codex Alimentarius Chapter 7 on organic foods details the Commission. Codex standards concern all labelling requirements for foods claiming to be aspects of the hygienic and nutritional quality produced organically. of food, from raw to processed foods. It also has a guideline on the labelling and Chapter 8 is on the labelling requirements presentation of foodstuffs entitled ‘Food for specific commodities i.e. the Vertical Rules. Labelling – Complete Texts 1999’. Chapter 9 details the labelling provisions in 2.2 How to use this guide the category of miscellaneous labelling This guide on the labelling of foodstuffs in requirements.This chapter briefly outlines any Ireland is divided into chapters according to labelling provisions that are contained in other the various Regulations as follows: bodies of legislation, except for the general labelling rules and the specific commodity Chapter 3 on general labelling details the list labelling rules. of essential information as well as any additional labelling information that must Chapter 10 outlines the competent appear on the label of a pre-packaged foodstuff. authorities for the labelling legislation.

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CHAPTER 3. GENERAL LABELLING REQUIREMENTS IN IRELAND

The general labelling of foodstuffs in Ireland is There is a slight derogation where a pre- controlled under the European Communities packaged foodstuff is: (Labelling, Presentation and Advertising of • For supply only to mass caterers (for Foodstuffs) Regulations, 2000 (S.I. No. 92 preparation, processing, cutting, etc) or of 2000). • Intended for the ultimate consumer, but marketed prior to sale to the ultimate 3.1 Scope consumer and where sale to mass The intention of placing information on the caterers is not involved (such as supply label is to inform the consumer about the food to wholesalers). being purchased. These Regulations apply to the labelling of pre-packaged foodstuffs for sale In such cases, the labelling information may to the ultimate consumer and also for supply appear on the commercial documents to mass caterers (e.g. restaurants, hospitals, accompanying the foodstuff. However certain canteens etc.). essential information must appear on the external packaging of the foodstuff, i.e. the The supply of food, otherwise than by sale, name of the food, date of minimum durability from any food premises such as special offers, and the name and address of the manufacturer promotions and give-aways, are covered by or packer.If the food is a beverage with greater these Regulations. than 1.2% by volume of alcohol, the actual alcoholic strength by volume must also appear 3.1.1 When do the labelling rules apply? on the external packaging. Certain criteria must be adhered to regarding the labelling, presentation and advertising of 3.2 Definitions foodstuffs where the foods are: The definitions of ‘labelling’, ‘pre-packaged’, • Pre-packaged (i.e. packaged before sale) ‘presentation’, ‘advertise’, ‘sell’ and ‘food’ are and provided for under European and National • Available for sale to consumers and/or legislation. those involved in the catering trade. • According to the Labelling Directive A pre-packaged foodstuff is a food that is 2000/13/EC: presented for sale to the ultimate consumer and to mass caterers in packaging into which it ‘Labelling’ shall mean any words, was put before being offered for sale. The particulars, trade marks, brand name, pictorial packaging may completely or partially enclose matter or symbol relating to a foodstuff and the foodstuff but such that the contents placed on any packaging, document, notice, cannot be altered without opening or changing label, ring or collar accompanying or referring the packaging (see section 3.2). to such foodstuffs.

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‘Pre-packaged foodstuff’ shall mean any ‘Food’ means any substance or product, single item for presentation as such to the whether processed, partially processed or ultimate consumer and to mass caterers, unprocessed, intended to be, or reasonably consisting of a foodstuff and the packaging into expected to be ingested by humans. which it was put before being offered for sale, whether such packaging encloses the foodstuff ‘Food’ includes drink, chewing gum and any completely or only partially, but in any case in substance, including water, intentionally such a way that the contents cannot be altered incorporated into the food during its without opening or changing the packaging. manufacture, preparation or treatment. (It includes water after the point of compliance as ‘Presentation’ of foodstuffs refers in defined in Article 6 of Directive 98/83/EC and particular to their shape, appearance or without prejudice to the requirements of packaging, the packaging materials used, the Directives 80/778/EEC and 98/83/EC on the way in which they are arranged and the setting quality of water for human consumption). in which they are displayed. 3.3 General requirements – labelling • According to the Labelling Regulations, must not mislead the consumer 2000 (S.I. No. 92 of 2000): The principle underlying the labelling of food is that the purchaser must not be misled. ‘Advertise’ includes every form of advertising, The information on the label must be clear and whether in a publication, by video, sound unambiguous, and must not be such as could broadcasting, television, electronic mislead the consumer to a material degree: communication or radio, by display of notices, • As to the characteristics of the foodstuff signs, labels, showcards or goods, by distribution and, in particular, as to its nature, identity, of samples, circulars, catalogues, price lists or properties, composition, quantity, other material, by exhibition of pictures, durability, origin or provenance, method photographs, models or films, or in any other way. of manufacture or production • By attributing to the foodstuff effects or ‘Sell’ includes an agreement or offer to sell, or properties which it does not possess displaying for sale, or inviting an offer to buy,and • By suggesting that the foodstuff cognate words shall be construed accordingly. possesses special characteristics when in fact all similar foodstuffs possess such • According to Regulation (EC) No. characteristics. 178/2002 laying down the general principles and requirements of food law, For example, it is not permitted to state that a establishing the European Food Safety food is ‘free from…’ or ‘without…’ something Authority and laying down procedures in where all similar foodstuffs have similar matters of food safety: properties. Such expressions may not be used

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either where a substance is not normally seller within the European Union present in a certain type of foodstuff or where • Place of origin of the foodstuff if its the use of a certain additive is not permitted. absence might mislead the consumer to a material degree In addition, the labelling must not attribute to • Instructions for use where necessary any foodstuff the property of preventing, • Beverages with more than 1.2% alcohol treating or curing a human disease or by volume must declare their actual refer to such properties (see Chapter 5). alcoholic strength.*

The information provided on the label must be * Field of Vision: The name of the foodstuff, easy to understand, be clearly legible, it must the date of minimum durability and the net also be indelible, easy to see and not obscured quantity must appear on the label “in the in any way e.g. the text should not be obscured same field of vision”. If the product is an by price labels or sealing tapes.The size of the alcoholic beverage greater than 1.2% alcohol text must not be too small in relation to other by volume, its actual alcoholic strength by information and decorations and the text volume must also appear in this field of vision. should be in contrast to the background. The intention is that all the information can easily be seen at the same time under normal 3.4 Language purchasing conditions. The labelling of foodstuffs in Ireland must be in English. The foodstuff may be labelled in both The following is additional information that Irish and English but it is not sufficient to label must appear on the packaging of the pre- a foodstuff purely in Irish. packaged foodstuff or on a label attached where appropriate: 3.5 Compulsory labelling • Irradiated products must be declared The following is mandatory information that ‘irradiated’ or ‘treated with ionising must appear on the packaging of the pre- radiation’ packaged foodstuff or on a label attached: • If the food product has been packaged in • The name under which the product a modified atmosphere to prolong its is sold* shelf life this must be declared e.g. • The list of ingredients ‘packaged in a protective atmosphere’. • The quantity of certain ingredients If the packaging has been used for some • The net quantity* other technological purpose other than • The date of minimum durability* the extension of shelf-life, there is no • Any special storage instructions or need to include the declaration on the conditions of use label (Directive 94/54/EC; see also • The name or business name and address section 3.5.1.6) of the manufacturer or packager, or of a

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• Foodstuffs containing a sweetener or sweeteners (as authorised by Directive 94/35/EC) must be labelled ‘with sweeteners(s)’ near the name of the food (Directive 94/54/EC and 96/21/EC; see also section 9.9 on sweeteners) • Foodstuffs containing both an added sugar or sugars, and a sweetener or sweeteners (as authorised by Directive 94/35/EC) must be labelled ‘with sugar(s) and sweeteners(s)’ near the name of the food (Directive 94/54/EC and 96/21/EC; see also section 9.9 on sweeteners) • Foodstuffs containing aspartame must be labelled ‘contains a source of phenylalanine’ (Directive 94/54/EC and 96/21/EC; see also section 9.9 on sweeteners) • Foodstuffs containing more than 10% added polyols must be labelled ‘excessive consumption may produce laxative effects’ (Directive 94/54/EC and 96/21/EC; see also section 9.9 on sweeteners) • Flavourings must be described as ‘flavourings’ on the label or by a more specific name or description of the flavouring (see also sections 3.5.2.8 and 9.10).

The above labelling requirements should be easily visible, clearly legible and indelible.

3.5.1 Name under which the product is sold The legal name of a foodstuff must be stated in order to inform the purchaser of the true nature of the product. In its absence its customary name or a description of the foodstuff may be given (see section 3.5.1.3).

3.5.1.1 Legal name The name under which a foodstuff is sold must be the name provided for in Community provisions. The legal name of a food is the name specified in legislation for a product meeting particular specifications. For example, compositional criteria are detailed in the specific commodity rules for butter, jam, fruit juice, sugar, chocolate, coffee and whiskey (see Chapter 3).

Additional prescribed names exist in various other bodies of legislation. For example, the name ‘natural mineral water’ is provided for in Council Directive 80/777/EEC and its amendment 96/70/EC and particular categories of names of spreadable fats such as ‘margarine’ are contained in Council Regulation (EC) No. 2991/94.

3.5.1.2 Protected name In addition to the labelling of food products under the general rules laid down in Council Directive 2000/13/EC, special provisions have also been adopted to allow producers to register, and in that way protect, the names of certain agricultural products and foodstuffs.This also enables consumers to make a more informed choice regarding the characteristics of a foodstuff. ‘Protected’ foodstuffs exhibit special characteristics derived, in cases where the name is geographical, from the specific area in which the product is produced, and in other cases from a traditional composition or method of production.

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These names which are protected against any direct or indirect commercial use or exploitation, may be used only for the registered products thus guaranteeing the consumer consistency of quality and composition.This rule is provided for under National and European legislation as follows: • European Communities (Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs) Regulations, 1995 (S.I. No. 148 of 1995) implementing Council Regulation (EC) No. 2081/92 • European Communities (Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs) (Amendment) Regulations, 1999 (S.I. No. 275 of 1999) implementing Council Regulation (EC) No. 535/97 • European Communities (Certificates of Specific Character for Agricultural Products and Foodstuffs) Regulations, 1995 (S.I. No. 149 of 1995) implementing Council Regulation (EC) No. 2082/92.

The European system for protection of food names consists of three elements: a) Protected Designation of Origin b) Protected Geographic Indication c) Traditional Speciality Guaranteed (or Certificate of Specific Character)

a) Protected Designation of Origin (PDO) Foodstuffs and agricultural products whose names are protected under this particular designation must be produced, processed and prepared within a particular geographical environment and must have qualities or characteristics exclusive to that area with its inherent natural and human factors. Imokilly Regato Cheese* produced in Cork, Ireland, is an example of a PDO.

b) Protected Geographic Indication (PGI) Products bearing the name of a particular geographical area which are produced or processed or prepared within that area, and which have a reputation, features or certain qualities attributable to that area, can be registered under the PGI designation. Clare Island Salmon and Timoleague Brown Pudding are examples of registered PGI’s.

c) Traditional Speciality Guaranteed (TSG or Certificate of Specific Character) This type of registration relates to the traditional character of a foodstuff or agricultural product by either its composition or by means of its production, rather than to its origin. An example of a registered TSG is Mozzarella Cheese made to the traditional specification.

* Imokilly Regato Cheese is a hard grated cheese with 40% minimum fat and 38% maximum moisture.

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Under the PDO/PGI designation, once the name of a foodstuff is registered, only producers within the area after which the product is named and who make the product to the registered specification may use the registered name.The registered/protected products are identifiable through the use of the letters PDO or PGI and/or the European logos for these designations on the product label (see below).This ensures that the registered names of foodstuffs are protected from imitation and unfair commercial use.

The registered TSG designation is open to all Community producers producing the product to the registered specification. Under the TSG designation, partial or full protection may be granted. In the case of partial protection, other Community producers are entitled to use the name but without the benefit of the logo/TSG designation which guarantees the traditional speciality of the product. Full protection on the other hand, precludes products bearing the same name, but not made to the registered specification, from being placed on the market.

At present there are approximately 552 names registered with the European Union and three of the products are from Ireland as in the examples above (see Appendix 8 for the list of products eligible for PDO, PGI and TSG designations;Appendix 9 for the list of products registered according to the PDO/PGI designations and Appendix 10 for products registered to the TSG designation as registered up to and including 1st February 2002).

Applications for registration under the above designations should be submitted to the Food Division, Department of Agriculture, Food and Rural Development, Kildare Street, Dublin 2.

PDO, PGI and TSG logos

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3.5.1.3 Customary name In the absence of a legal, a name customary in the Member State where the product is sold to the ultimate consumer may be used. The customary name of a food is a name that has come to be accepted by consumers as the name of a food without needing further explanation such as fish fingers, spaghetti and muesli. However,a description of the product may be warranted and its intended use detailed in order to indicate the true nature of the product and to distinguish it from other foods, which might otherwise confuse the consumer (see below the product name ‘Chicken and Vegetable Pie’ accompanied by a description of the product).

Light puff pastry filled with tender pieces of chicken and vegetables in a creamy sauce

3.5.1.4 Brand name/sales name/fancy name The use of a brand name, sales name, fancy name or trademark is permitted in addition to the products legal or customary name where the foodstuff is marketed in the Member State of production. However, a description of the product may be warranted near the sales name where the foodstuff is manufactured in one Member State for use in another where the foodstuff may be unknown to the consumer. However, such names cannot appear instead of the legal or customary name, as it does not provide sufficient information for consumers (see below the brand name ‘Reggio’ accompanying the customary name ‘spaghetti’).

REGGIEGGIO SPAGHETTI

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Certain fancy names have become more customary over the years as a result of some names being more widely used, such as wine gums, and they have become accepted as sufficiently descriptive names. A fancy name or a sales name should however be complemented with a description of the foodstuff and, if necessary, how it should be used. For example ‘chicken nuggets – chicken pieces in breadcrumbs’ (see below the fancy name ‘Cruncher Nut’ accompanying the name ‘Cookies’). CruncherCruncher NutNut Cookies

3.5.1.5 Details of physical condition Details of the physical condition of the foodstuff or processes it has undergone must accompany the legal name of the food such as powdered, freeze-dried, deep-frozen, concentrated, sterilised and smoked. Foodstuffs that have been frozen and that are retailed without further processing should be labelled as frozen products.

However,it is important to ensure that an accurate indication of the processes or treatment to which the food has been subjected is indicated on the label. The omission of information about the previously frozen status of meat which is sold thawed could mislead the consumer. Another example is a product that contains a smoked flavour, which has not been smoked but treated with a solution which imparts a smoked flavour and colour. Details regarding the ‘smoked’ status of such products may be required to be declared on the label, (see section 9.10 on flavourings).

Additional considerations include minced or pressed products,such as those contained in breaded scampi, fish fingers and pressed meats.These foods would need to carry an appropriate indication on the label in cases where the consumer is likely to be misled by the general appearance of the food or its labelling.

Fruit and vegetables which have simply been cut in portions such as sliced melon and which are sold to the consumer in transparent packaging are exempt and need not indicate this treatment unless they are otherwise further processed, e.g. shredded cabbage.

3.5.1.6 Packaging gases Commission Directive 94/54/EEC regarding the compulsory indication on the label of certain particulars, requires that food products packaged in a modified atmosphere to prolong shelf life must declare ‘packaged in a protective atmosphere’ on the label.

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‘Vacuum packing’ and ‘modified atmosphere packing’ (MAP) are examples of packaging processes that are used as food preservation methods generally for chilled products.The principle behind vacuum packing and modified atmosphere packaging is to alter the normal gas environment of the food product in the packaging, which reduces the rate of respiration of fresh foods as well as the growth of bacteria thus extending the shelf-life of the product.

Packaging gases that are used in the packaging of a foodstuff must be indicated on the label as ‘packaged in a protective atmosphere’ so consumers understand that the shelf-life of the product has been extended. Low temperatures (less than 5°C) alone will retard the growth of most bacteria and hence extend the shelf-life of a food product, but a combination of low temperatures and vacuum or modified atmosphere packaging will extend the shelf-life even further.

Specifically, ‘vacuum packing’ involves the removal of all or most of the air within a package thus inhibiting the growth of most bacteria. One of the traditional uses of vacuum packing has been for cuts of red meat and bacon as well as for retail packs of cooked meats, pates, fish and prepared vegetables in more recent times. However, some of the drawbacks of this type of packaging is that sensitive products can be unduly compressed, slices of cooked meats cling together and are difficult to separate and fresh meat loses its red colour.

‘Modified atmosphere packaging’ however, is a technique whereby the composition of the packaging atmosphere surrounding the food is different from the normal composition of air. The normal composition of air contains approximately 78% nitrogen, 21% oxygen and less than 1% carbon dioxide, an environment where bacteria can multiply and grow well. During MAP the level of carbon dioxide in the packaging is increased to between 20-30% and it similarly extends the shelf-life of the product by reducing the ability of bacteria to grow on the food. Established products packaged under MAP include many fresh products such as red meats, pasta, ready meals, fruit and vegetables (see below the declaration ‘packaged in a protective atmosphere’ near the list of ingredients for ham slices in modified atmosphere packaging).

Keep refrigerated. Eat within 48 hours of opening. Packed in a protective atmosphere.

3.5.2 Ingredients An ‘Ingredient’ is defined under the Directive 2000/13/EC as any substance, including additives, used in the manufacture or preparation of a foodstuff and still present in the finished product even if in an altered form. If an ingredient of a foodstuff is made up of a number of other ingredients, the latter (i.e. the individual ingredients of the compound ingredient) is regarded as the ingredients of the

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foodstuff in question.

3.5.2.1 Substances not regarded as For example, diethyl ether which is used ingredients in the preparation of flavourings from The following are not considered as ingredients: natural flavouring materials. • The constituents of an ingredient which have been temporarily separated during 3.5.2.2 List of ingredients manufacturing, which are later added to a There must be a list of all the ingredients in foodstuff but not in excess of their descending order of weight as recorded during original quantity. For example, the yolk the manufacturing of the foodstuff often and white of an egg need not be referred to as “the mixing bowl stage”.The list considered as separate ingredients and must start with a heading that includes the identified separately in the ingredients word ‘ingredients’. list if they are separated during manufacture.The ingredients list of the The list of ingredients must be easy to final food would simply need to declare understand by the consumer and such that ‘egg’ as the ingredient provided they are similar products can be easily distinguished not in excess of the original amounts from each other depending on the ingredients. • Additives serving no technological For example, consumers must be able to function in the final food where their readily distinguish between a ’strawberry’ or presence in food is only because they ’raspberry’ fruit yoghurt. were contained in one or more of the ingredients of that foodstuff (see section There are some additional requirements when 3.5.2.7). For example, sulphur dioxide listing the ingredients on the label: used as a preservative in dried fruit such • Added water and volatile ingredients (i.e. as raisins (to prevent them browning) substances that quickly evaporate) such will have no function when the dried as alcohol, shall be listed in the list of fruit is added to a cake mix. ingredients by their weight in the final • Additives used purely as processing aids product, and not their weight as added such as enzymes, alcohols and acids. For atmixing bowl stage. However for water, example, alcohols used to speed up the if the amount of added water does not reactions of certain additives or enzymes exceed 5% by weight of the finished such as rennet used in cheese product, it need not be indicated.The production. However, if they leave amount of water added as an ingredient residues and perform a technological is calculated by subtracting the total function they must be considered as weight of other ingredients from the additives. weight of the finished product. • Substances only used in quantities required as solvents or media for the In addition, water need not be declared functioning of additives or flavourings. in the list of ingredients if it is added to

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frozen or quick frozen chicken carcasses • Carbonated water, provided that it can in accordance with Commission be understood from the name that Regulation (EC) No. 1906/90 (as carbon dioxide has been added to the implemented by Regulation (EC) water e.g.‘sparkling’ water No. 1538/91) on certain marketing • Fermentation vinegars derived from a standards for poultry. single basic product (where no other • Concentrated or dried ingredients that ingredient has been added) are reconstituted at the time of • Cheese, other than fresh or processed manufacture may be listed according to cheese, where no other ingredient has their weight before their original been added except those that are concentration or dehydration such as required for its manufacture (i.e. salt, milk powder. lactic acid products, enzymes and micro- • In the case of concentrated or dried organism cultures) such as cheddar and foods which are to be reconstituted by edam cheese the addition of water by the consumer, • Butter, fermented milk and fermented such as powdered soup or sauces, the cream where no other ingredient has ingredients may be listed by the order of been added (except for lactic acid their proportion after the reconstitution products, enzymes and micro-organism of the product, provided that this is cultures essential to their manufacture) indicated e.g.‘ingredients of the • Products comprising of a single ingredient reconstituted product’. where the trade name is the same as the • In the case of mixtures of fruit and ingredient name, or the trade name vegetables or herbs and spices, where enables the nature of the ingredient to be none significantly predominate, those clearly defined, e.g. pepper ingredients may be listed in another • Beverages that contain more than 1.2% order provided it is accompanied by an volume of alcohol. expression such as ‘in variable proportion’. In addition, the water content need not be indicated where: 3.5.2.3 Foodstuffs that do not require a • the water is used during the list of ingredients manufacturing process purely for the Under the Directive 2000/13/EC there is a reconstitution of an ingredient that is non-exhaustive list of foodstuffs that do not used in a concentrated or dehydrated need to indicate a list of their ingredients: form or • Fresh fruit and vegetables including • where the water is a liquid medium that potatoes (unless they have been processed is not usually consumed such as kidney in some way e.g. peeled or chopped) beans in salted water.

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3.5.2.4 Name of ingredients 3.5.2.5 Categories of ingredients The names used for ingredients should be Ingredients of a foodstuff that belong to a their legal name, in the absence of a legal certain category of ingredients as listed in name, a customary name or a description of Appendix 1 need only be indicated by their the ingredient must be given (see sections designated category rather than their specific 3.5.1.3 and 3.5.1.4). In other words, the name name. For example, where fish is an of the ingredients must be the name used ingredient of a foodstuff, all species of fish as if the ingredients were sold separately may be indicated simply as the category ‘fish’ e.g. if tomato ketchup is made using tomato in the list of ingredients provided the label paste then tomato paste is the ingredient does not refer to a specific species of fish not tomatoes. (see below ‘Original Beef Lasagne’ where the category of ingredient ‘cheese’ need only be Where the ingredient ‘starch’ (or modified declared as such in the list of ingredients starch) originates from a source that contains because a particular type of cheese is not gluten such as starch from wheat, oats, barley specified in the product description). or rye, the source of its cereal origin must aways be given e.g. wheat starch (see below a Original Beef Lasagne dried soup declaring ‘Corn Starch’ and a Layers of Lasagne filled with minced beef cooked in a rich tomato sauce, readymeal declaring ‘Modified Maize Starch’ in topped with a creamy sauce and melted cheese their lists of ingredients).

From the 1st January 2003 the category ‘meat’ INGREDIENTS: will be added to the list of categories of Corn Starch, Sugar, Onion Powder, Skimmed Milk Powder, Whey Protein Concentrate, Beef ingredients in Appendix I which can be declared Fat, Dried Potato, Dried Leeks, Salt, Flavour Enhancers (Monosodium Glutamate, Disodium in the list of ingredients by their category name 5' Ribanuceotides), Wheat Flour, Flavourings, Dried Glucose Syrup, Herbs, Spices rather than their specific name, according to Commission Directive 2001/101/EC amending Directive 2000/13/EC for the first time. INGREDIENTS

Cooked noodles, Soy Sauce, Red Products containing meat as an ingredient, Pepper, Pineapple, Sugar, Chinese where the meat content complies with the Mushrooms, Water, Chicken, Bamboo definition in Appendix I, must declare the term Shoots, Modified Maize Starch, Spices, Garlic Puree, Salt, Sesame Oil, ‘…meat’ in the list of ingredients preceded by Ginger Puree. the animal species from which the meat is MINIMUM 13% CHICKEN derived e.g. ‘bovine meat’ or ‘ovine meat’. For

CONTAINS NO ARTIFICIAL COLOURS, labelling in English the animal species can be FLAVOURING OR PRESERVATIVES replaced by the generic name of the ingredient for the animal species concerned such as ‘beef meat’ or ‘lamb meat’.

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Maximum limits have been set for the fat and prefix before the number which means it has connective tissue content of products been approved by the European Community as containing meat. For example, pig meat may safe for use at specified levels in certain have a maximum fat and connective tissue foods. Currently, there are 400 approved content of 30% and 25% respectively. However, additives for use in foods in Europe. However, where these limits are exceeded (but the some additives do not have an E number. definition of meat is satisfied) the meat Additives lacking the ‘E’ prefix have content must be reduced and the fat and/or undergone a safety evaluation in one or more connective tissue content declared in the list Member States but are still awaiting EU wide of ingredients in addition to the term ‘..meat’. approval (Appendix 3 provides a list of all additives and their designated E numbers The definition of meat applies only to the currently in use in the EU, in numerical and labelling of products which contain meat as an alphabetical order as listed in the Additives ingredient and does not apply to the labelling of Directives. Appendix 4 provides a list of the meat cuts which are sold without further legislation controlling the use of additives, processing such as sirloin steak. For labelling colours and sweeteners in foods). purposes meat includes the diaphragm and masseters but excludes the heart, tongue, the For example, sulphur dioxide which is a muscles of the head (other than the masseters) preservative commonly used in sausages must and the muscles of the carpus, tarsus and tail. be listed in the list of ingredients as Preservative: Sulphur Dioxide or Preservative: Mechanically recovered meat is not included in E 220. If the additive belongs to more than one the definition of ‘meat’ but is defined in category (as listed in Appendix 2) the category Council Directive 64/433/EEC as amended on name given shall correspond to its main health conditions for the production and function in that particular food. Additives marketing of fresh meat. which perform the same function in a food could be grouped together for ingredient 3.5.2.6 Additives listing purposes e.g. Colours: E 110, E 120 or Ingredients of a foodstuff which belong to one Colours: Sunset Yellow, Cochineal. of the categories of additives as listed in Appendix 2 must be named in the list of Although some ingredients may have additive ingredients by: functions in food, acting as sweeteners, • the name of the additive category and colours etc. (such as sugar, coffee, salt, • its specific name or its designated E concentrated fruit juice) they are not number*. additives as defined according to the additives legislation (Directive 89/107/EEC *Every additive is given a number for and its amendments) and do not need to be identification purposes, and most have an ‘E’ listed as such.

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It should be noted that only substances listed 3.5.2.8 Flavourings in Appendix 2 are recognised as categories of ‘Flavourings’ are used in or on foodstuffs to additives such as antioxidants that are used to impart a taste and/or odour. Flavourings must extend the shelf life of foods and protect them be indicated in the list of ingredients by the against rancidity. Flavourings are not word ‘flavouring(s)’ or by a more specific name considered as additives as they do not perform or description e.g. ‘Flavouring: vanilla’ (see a technological function in the food and are section 9.10). regulated separately to additives (see section 3.5.2.8 and 9.10 on flavourings). See below the Detailed rules on the use of the term ‘natural’ list of the categories of additives and their ‘E’ with regard to flavourings are provided in the numbers as provided in the list of ingredients European Communities (Flavourings for use in for a packet of sausage rolls. Foodstuffs for Human Consumption) Regulations, 1992 (S.I. No. 22 of 1992) (see section 9.10.2) INGREDIENTS

Pork, Rusk, Salt, Milk Proteins, Soya Protein However, there is at present, a Commission Isolate, Spices, Stabiliser: E450, Flavour Enhancer: E621, Dextrose, Modified Starch, Proposal to amend Directive 2000/13/EC on Colours: E160, E128, Water, Preservative: E223, the labelling of foodstuffs containing quinine, Hydrolysed Vegetable Protein, Wheat Flour,Margarine (with Emulsifier E471, and of foodstuffs containing caffeine. Quinine Flavouring), Antioxidants: E301, E331, Herbs. and caffeine may be present as flavourings in Minimum 20% Meat. beverages such as high energy drinks and may cause hypersensitivity or temporary behavioural changes in certain individuals. 3.5.2.7 Additives carried over from Therefore the following has been proposed so other ingredients that the presence of quinine and caffeine can Some additives may be present in a food be declared on the label: because they were contained in one of the ingredients.They only need to be indicated in Quinine or caffeine used as a flavouring in the the list of ingredients if they perform a production or preparation of a foodstuff must significant technological function in the final always be declared in the list of ingredients food. Whether or not the additive performs immediately after the term ‘flavouring’, such as a technological function in the final product ‘flavouring: quinine’. will depend both on the ingredient containing the additive and the food to which Where a beverage intended for consumption it is added e.g. preservatives used in fruit without modification, contains caffeine in puree will not necessarily be performing the excess of 150mg/l, its actual caffeine content same function when the fruit is added to a must be stated clearly on the label in heat-treated yoghurt. mg/100ml in brackets following the warning

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‘High caffeine content (x mg/100ml)’.This declaration must appear on the label in the same field of vision as the name of the beverage.

This provision does not apply to beverages based on coffee, tea or coffee or tea extract.This proposal is due to come into force on 1st July 2002 and trade in products which do not comply with these provisions will be prohibited after 1st July 2003. However, it should be noted that this is a proposal and may be subject to change.

3.5.2.9 Compound ingredients A compound ingredient is an ingredient which is itself made up of several other ingredients, such as, jam in a biscuit.A compound ingredient can be included in the list of ingredients under its own specific name provided it is followed immediately by a list of its ingredients e.g. jam (fruit, water, sugar etc.).Alternatively, the ingredients of the compound ingredient may be shown on the list of ingredients without making reference to the name of the compound ingredient e.g. .’…..fruit, water, sugar….’

However, listing the ingredients of a compound ingredient is not required where: • The compound ingredient is less than 25% of the finished product, e.g., if chocolate chips in a biscuit make up less than 25% of the finished product, then the ingredients of the chocolate need not be detailed on the label the word ‘chocolate’ in the list of ingredients is sufficient. However, this exemption does not apply to additives which must always be included in the list of ingredients or • The compound ingredient is a foodstuff that is not required to carry a list of ingredients (see section 3.5.2.3) e.g. sherry in a ‘sherry trifle’ is not required to declare it’s compound ingredients as it is an alcoholic beverage greater than 1.2% and is exempt from giving a list of ingredients.

See below the list of ingredients of a pizza where the compound ingredient ‘bacon’ is less than 25% of the finished product and is indicated only as ‘bacon’ followed by the additives it contains.

INGREDIENTS Cheddar Cheese (11%) (contains Emulsifier: Sodium Hydrogen Orthophosphate, Preservative: Potassium Sorbate), Bacon (10%) (contains Emulsifier: Sodium Polyphosphate, Preservative: Sodium Nitrate) Wheatflour, Water, Processed Citrate, Sodium Ascorbate. Vegetable Oil (Including Hydrogenated Vegetable Oil), Tomato, Tomato Puree, Modified Starch, Milk, Protein, Yeast, Salt, Sugar, Dextrose, Flavourings, Parsley, Whey Powder, Spices, Herbs, Colour: Beta Carotene

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Below is the list of ingredients of a vegetarian lasagne where a full list of the ingredients of the compound ingredient ‘textured wheat and pea protein’ is given accompanied by the additives it contains.

INGREDIENTS: Water, Tomato, Textured Wheat and Pea Protein (contains: Wheatflour, Wheatfibre, Yeast Extract, Malt Extract, Emulsifier; E471), Onion, Vegetarian Cheddar Cheese, Basil, Garlic, Puree, Sugar, Milk, Cooked Fresh Free Range Egg Pasta, Tomato Puree, Carrot, Wheatflour, Vegetarian Flavourings, Double Cream, Modified Starch, Vegetable Oil, Salt, Oregano, Paprika, Pepper, Nutmeg.

3.5.3 Quantitative Ingredient Declaration (QUID) In certain circumstances it is necessary to state on the label the quantity, in percentage terms, of an ingredient or category of ingredients (as listed in Appendix I, see also section 3.5.2.5) used in the manufacture or preparation of a foodstuff.The percentage quantity should be in or next to the name of the food or be in the list of ingredients.

The QUID requirement applies to all foods, including beverages, with more than one ingredient unless specially exempt (see section 3.5.3.2). QUID will also apply to products currently exempt from ingredients listing (see section 3.5.2.3). For these products, the ingredient quantity will have to be indicated in or immediately next to the name under which the product is sold unless a list of ingredients is voluntarily indicated on the label.

The European Commission has produced a document with the aim of providing informal advice on the implementation of QUID entitled ‘General guidelines for implementing Quantitative Ingredient Declaration (QUID)’. It is advisable to consult this document in conjunction with Directive 2000/13/EC on labelling for a more detailed explanation of the QUID rules.

In addition, the Food and Drink Federation of the Irish Business and Employers Confederation (IBEC) have developed ‘Guidance Notes on Quantitative Declaration of Ingredients (QUID)’, published in February 2000.This guideline was drawn up to provide guidance to manufacturers and suppliers on the introduction of QUID in Ireland.They place an Irish context to the European Union Guidelines developed by the European Commission. Food and drink manufacturers, suppliers and retailers, the Department of Enterprise, Trade and Employment and the Office of the Director of Consumer Affairs, agreed these guidelines.

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3.5.3.1 When a Quantitative Ingredient Declaration (QUID) is required It is necessary to state the quantity as a percentage on the label where the ingredient or category of ingredient; • Is included in the name of the food; (e.g. a ‘ham and mushroom pizza’ would need to have the ham and the mushroom quantified) • Is usually associated with the name of the food (most likely when a food is described by it’s customary name e.g. a Summer pudding would need to have the fruit quantified) • Is emphasised on the label in words, pictures or graphics (e.g. a food emphasising ‘with butter’ would need to have the butter quantified) • Is essential to characterise and distinguish the food from products with which it might be confused because of its name or appearance.These cases apply where consumers associate certain names with a specific composition e.g. although mayonnaise is universally known its composition can vary.

See below the list of ingredients for a ‘cheese and onion quiche’ where the cheese and onion are quantified.

INGREDIENTS Pasteurised Egg, Whole Milk, Wheat Flour, Full Fat Hard Cheese (13%), Onion (12%), Vegetable Oil and Hydrogenated Vegetable Oil, Modified Maize Starch, Flour Treatment Agent (L-Cysteine Hydrochloride), Salt, Dextrose.

See below the list of ingredients for a ‘pasta bolognese’ where the beef, pasta and tomato are quantified as they are associated with the name of the food. Traditional Bolognese

INGREDIENTS Beef 20%, Water, Tomato 10%, Tomato Puree, Onion, Carrot, Celery, Modified Starch,Cooked Pasta (Durum Wheat Semolina), Salt, Sugar, Garlic, Oregano, Pepper, Basil.

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3.5.3.2 When a Quantitative Ingredient Declaration is not required Ingredients or categories of ingredients need not be quantified where: • A small quantity of an ingredient or category of ingredient, 2% or less at the mixing bowl stage, is used for flavouring e.g. garlic in garlic bread • An ingredient or category of ingredient is in the name of a food, but is in such a small quantity so as not to affect consumers’ purchasing decisions, e.g. rye bread • The quantity of an ingredient or category of ingredient is determined by Community provisions. No such provisions exist at present. • No ingredient or category of ingredient significantly predominates by weight such as in a mixture of fruit or vegetables.

See below the list of ingredients for cheese flavoured nachos where the quid declaration for ‘nacho cheese flavour’ is given as it is a flavouring present at levels greater than 2%.

INGREDIENTS

Maize Flour (68%) • Vegetable Oil • Nacho Cheese Flavour (7%) (Dried Cheese • Salt • Dried Onion • Dextrose • Dried Garlic • Acids • Tomato • Dried Yeast • Sugar • White Pepper • Yeast Extract • Anti-Caking Agent: E551 • Flavouring • Colours: E160(c), E100)

A Quantitative Ingredient Declaration is also not required when: • A solid foodstuff is presented in a liquid medium where the liquid medium is in addition to the essential elements of the food such as kidney beans in salt water. In such cases the drained net weight as well as the net weight must be declared (see section 3.5.4.5 on drained net weight) but the amount of salt water present need not be quantified where the salt water is not the reason for purchase • Existing legislation already requires the quantity of an ingredient or category of ingredients in question to be indicated on the label, for example, Council Directive 93/77/EEC on fruit juices and certain similar products requires the fruit content of a fruit nectar to be declared such that ‘fruit content: X % minimum’ (see section 8.4 on fruit juices).

QUID does not apply to constituents naturally present in foods that have not been added as ingredients such as caffeine in coffee and vitamins and minerals in fruit juices. A QUID declaration cannot replace nutrition labelling (see Chapter 4).

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3.5.3.3 Calculation of a Quantitative Ingredient Declaration (QUID) The quantity of an ingredient is calculated on the basis of the recipe at the moment the ingredients are added i.e. the same method as is used for determining the order in the list of ingredients - at mixing bowl stage.

However, the quantity of any added water or volatile ingredients that may be lost during processing must be subtracted from the weight of the final product when calculating the quantity of an ingredient in the final product.The stated quantity of an ingredient should generally be expressed as a percentage that has been rounded to the nearest whole number or to the nearest 0.5 decimal place in those cases where it is below 5%.

Quid declarations should relate to the ingredients as identified in the list of ingredients.Therefore, some ingredients will be required to be quantified in the raw state as there names give no indication of processing and thus imply the basic food has been used such as ‘chicken’ and ‘egg’. Other ingredients that are identified by names that indicate they have been in some way processed, should also be quantified as used e.g.‘cooked pasta’,‘roast chicken’ and ‘crystallised fruit’.

3.5.3.4 QUID and serving suggestions A pictorial representation of the food as a ‘serving suggestion’ would not normally be regarded as giving special emphasis and hence not require a Quantitative Ingredient Declaration. In addition, a pictorial representation of a food that is mainly used to flavour another, such as a picture of strawberries indicating a strawberry flavour, would not normally be regarded as giving special emphasis (see below a serving suggestion for a breakfast cereal).

Serving Suggestion

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3.5.4 Net quantity All pre-packaged foodstuffs must be labelled with information on the net quantity of the foodstuff i.e. its weight or volume, which does not include the packaging material.The net quantity must be expressed using the metric system i.e. litres or millilitres for liquids or kilograms or grams for solids.The use of imperial units (i.e. pounds and ounces) in brackets and with less prominence is permitted in addition to the net quantity in metric until December 2009. However,imperial units must not appear instead of the quantity in metric.Viscous foodstuffs such as honey may be labelled by either weight or volume.

See below the net quantity for a bottle of soy sauce in millilitres.The ‘e-mark’ following the 125 ml weight declaration is the system of quantity control applicable to packaged goods. The average quantity of the contents declared, by weight or volume, must be accurate but the weight of each pack may vary slightly (see also section 3.6).The ‘e-mark’ is not a requirement under food safety legislation. It is regulated according to the Packaged Goods (Quantity Control) rules enforced by the Department of Enterprise,Trade and Employment.

2 Traditional 50510

FOR BEST BEFORE END SEE CAP

125 ml e sauce

3.5.4.1 Multipacks The rule for weight indications on multipacks of foodstuffs depends on whether or not the items being sold can be sold in individual units.

3.5.4.2 Multipacks of items that can be sold individually For multipacks containing two or more individual packs of the same product, with the same net quantity and where the items can be sold individually, the net quantity shall be expressed as: • the net quantity of each individual pack and • the total number of such packs

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For example, the net quantity of a multipack of a six pack of yoghurts that may be sold individually may be expressed as ‘6 x 125g’ on the outside of the packaging. However an indication of these particulars is not necessary where: • the number of items in the pack and • at least one net quantity for one item can be clearly seen and easily counted from the outside e.g. through clear plastic packaging.

3.5.4.3 Multipacks of items not for individual sale For multipacks containing two or more individual inner packs, that are not sold individually, the net quantity shall be expressed as: • the total net quantity of the contents of the entire package and • the total number of individual packs

E.g. a package containing 10 packets of crisps, or bars of chocolate could be expressed by ‘Total weight 300g. Contains 10 packs’. See below the net quantity of a multi-pack of 10 crisps where the total weight, 270g, and the number of inner packs, 10, is given as well as a voluntary indication of the weight of each individual pack, 27g. 10 x 27g, 270g

There are exceptions for multipacks that are not sold individually.An indication of the total number of individual packs is not required for: • two or more individually wrapped slices of cheese or • two or more individually wrapped pieces of sugar confectionery e.g. sweets where they are required only to state the total weight of the entire package.

3.5.4.4 Exemptions from indicating the net quantity on the label It is not necessary to indicate the net quantity in the case of • foodstuffs that are normally sold by number, such as a tray of apples, provided the number of items can clearly be seen and easily counted or it is written on the label • foodstuffs which are less than 5g or 5ml in weight (except herbs and spices) and • foodstuffs that are subject to considerable losses in their weight and which are sold by number (or are weighed in the presence of the purchaser).

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Sugar confectionery products less than 50 grams in weight are exempt from declaring the net quantity on the label however, the remaining general labelling rules apply (i.e. Directive 2000/13/EC and S.I. No. 92 of 2000).

3.5.4.5 Drained net weight Where a solid food is in a liquid medium (such as water, salt solution, sugar solution, brine, vinegar, fruit or vegetable juices, mixtures of these or where frozen) the drained net weight of the foodstuff must be provided in addition to the net quantity.This requirement only applies to foodstuffs that are placed in a liquid medium where the liquid medium is in addition to the essential elements of the foodstuff and is not the main reason for the purchase, for example, red kidney beans in salted water. (see below sweetcorn in water where both the drained net weight and net weight are declared). However,foods placed in other mixtures such as oil, sauce or jelly may be the reason for the purchase and as such are not regarded as liquid media. Such mixtures do not need to declare their drained net weight, an indication of the overall net quantity will suffice such as sardines in tomato sauce.

3.5.5 Date of minimum durability The date of minimum durability of a foodstuff is defined in Directive 2000/13/EC as the date until which a foodstuff retains its specific properties when properly stored.All foods must be date marked unless exempt in legislation (see section 3.5.5.1).There are two types of date markings, a ‘best before’ and a ‘use by’ date:

• A ‘best before’ date which is not defined under the Directive but can be described as the date up until which the foodstuff can reasonably be expected to retain its optimum condition i.e. the specific properties that are normally associated with that foodstuff. Most foods fall into this category. • A ‘use by’ date which is defined in the Directive is required for foods which from a microbiological point of view are highly perishable and are therefore likely after a short period to constitute an immediate danger to human health.

The ‘use by’ date declaration should only be applied to particular foods which fulfil both criteria of being highly perishable as well as after a short period of time to pose a danger to human health. Generally foods that require refrigeration to maintain their safety rather than their quality and that have a relatively short shelf life after manufacture would require a ‘use by’ date. Such products may be ready-to-eat foods or foods requiring cooking or reheating such as meat, fish, poultry and some dairy products. Some chilled foods which would not support the growth of food poisoning organisms would not require a ‘use by’ date. However, where scientific evidence shows that pathogens can grow in certain foods such as E. coli O157 in apple and orange juice, such products would require a ‘use by’ date.

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Foods that are vacuum packed or packaged in a modified atmosphere, such as vacuum packed cooked ham slices that must be kept at refrigeration temperatures for safety reasons, should carry a ‘use by date’ and storage instructions (see section 3.5.1.6). In addition, pre-packaged fresh poultry meat is required to carry a ‘use by’ date under Council Regulation (EC) No. 1906/90 on marketing standards for poultry meat.

The ‘use by’ date is the date up to which the food may be used safely i.e. consumed, cooked or processed, once it has been stored correctly.A product with a ‘use by date’ of the 4th August can be used up to midnight on the 4th August.

The ‘use by’ date only applies to the product in the state in which it is purchased, for example, a ready- to-eat food such as cooked ham should be eaten by the ‘use by’ date. However, certain foodstuffs require treatment by the consumer before consumption, such as cooking fresh poultry. In such cases the ’use by’ date means process or cook by the date declared.Therefore, food should be sold in the physical state intended by the manufacturer as this is the physical condition of the food to which the ‘use by’ date applies (section 3.5.1.5) i.e. a chilled product should be sold chilled and not frozen.

3.5.5.1 An indication of the date of minimum durability is not required for: • Fresh fruit and vegetables including potatoes which have not been peeled, cut, treated or processed (except for sprouting seeds and similar products such as bean sprouts which do require a date of minimum durability) • Wines, liqueur wines, sparkling wines, aromatised wines and similar products obtained from fruits other than grapes, and beverages falling within CN codes* 2206 00 91, 2206 0093 and 2206 00 99 and manufactured grapes or grape musts • Beverages with greater than 10% volume of alcohol • Soft drinks, fruit juices, fruit nectars and alcoholic beverages in individual containers greater than 5 litres intended to supply mass caterers only • Bakery products which are normally consumed within 24 hours of manufacture such as baguettes and cream buns • Vinegar (including wine vinegar) • Cooking salt (mineral and herbal salts are not included) • Solid sugar (sucrose).This exemption does not apply to fructose or sweeteners or mixtures of sugars • Confectionery products consisting of mostly flavoured or coloured sugars such as hard sweets Toffee, winegums and fruit jellies are not exempt • Chewing gums or similar products • Individual portions of ice-cream

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*The CN (Combined Nomenclature) Code is the tariff classification system used by customs for goods within the EU. It is an eight-digit Community Code where there is no customs duty on goods within the EU. It is based on the internationally recognised Harmonised System, which has a standard world-wide six-digit code.

3.5.5.2 The date declaration Any form of expressing the date that can be understood by the consumer is acceptable provided that the date is shown in the order required, the day, month and year where appropriate e.g. 23.09.03 or 23rd September 2003 etc.The actual date can be separate from the terms ‘best before’ and ‘use by’, providing that the words are followed by an indication of the location of the date stamp e.g.‘Best Before: see lid.

For ‘best before’ declarations the actual date of minimum durability should be preceded by the words ‘Best before’ where the day is indicated, otherwise ‘Best before end’ can be declared where the month or year is indicated.

The date declared depends whether the product has a short shelf-life or a long shelf-life: • Foods that will not keep for more than 3 months, an indication of the day and month is sufficient e.g.‘Best before: 23rd January’. • Foods that will keep for more than 3 months but not more than 18 months, an indication of the month and year is sufficient e.g.‘Best before end: March 2001’ and • Foods that will keep for more than 18 months, an indication of the year is sufficient e.g.‘Best Before end: 2002’.

For ‘use by’ declarations the date of minimum durability should be indicated by the day, month and optionally the year e.g.‘Use by 24th December’.

Any storage conditions, which need to be observed in order for the food to retain its specific properties until the date shown must follow the ‘use by’ date and should follow the ‘best before’ if need be e.g. keep refrigerated, store in a dry place. These storage conditions should be simple and clear and if strict storage temperatures are required to maintain the products safety, as in highly perishable foods, a maximum temperature should be indicated so that the unopened food lasts until the date specified e.g. store at 3°C. If the product is suitable for freezing, a star marking panel may be included on the label. However, special storage instructions and instructions for use are a separate issue and concern certain practices once the packaging of the food has been opened (see sections 3.5.5 and 3.5.8).

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See below a star marking panel given for a frozen pizza.

STORAGE INSTRUCTIONS FOOD FREEZER until best before date* STAR MARKED until best before date* FROZEN FOOD 1 month COMPARTMENT 1 week ICE MAKING 3 days COMPARTMENT REFRIGERATOR 24 hours * Should be -18°C or colder Do not re-freeze after defrosting

The minimum durability of a product depends on a number of variables - its composition, processing method, packaging, storage temperature, handling etc.The decision whether a ‘best before’ or ‘use by’ date is required and what that date should be is the responsibility of those labelling the product, usually the manufacturer or packer, as they are in the best position to assess the properties of the food in question. Laboratories such as in the National Food Centre, can perform tests to evaluate the shelf-life for a particular food.

There is no legal requirement against packaged foodstuffs being offered for sale on or after their ‘best before’ date provided that the foodstuff still is in a fully acceptable condition. However, if out of date stock is to be sold to the consumer, it is strongly advisable to indicate that the foodstuffs are past their ‘best before’ date. This may assist in ensuring that the consumer is not misled as to the true nature of the product which is an offence.

Foodstuffs with a ‘use by’ date must not be offered for sale after this date due to the possible deterioration of these highly perishable products and the associated risk of illness if they are consumed.Where food is sold past its ‘best before’ or ‘use by’ date as a result of poor stock rotation, and/or is unfit for human consumption, this is an offence under the Food Hygiene Regulations 1950- 89 or the EC (Hygiene of Foodstuffs) Regulations, 2000.

Once labelled, pre-packaged foods must not be re-labelled with an altered ‘use by’ or ‘best before’ date or re-wrapped.To do so is an offence.

3.5.6 Storage instructions The label should outline any special storage conditions to enable the consumer to maintain the quality of the product. Details on how the product should be stored once the packaging is opened should be outlined such as refrigerate after opening, store in a cool dry place. Other options for the storage of the food can also be detailed in order to maintain the specific properties of the opened food such as ‘suitable for freezing’.

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3.5.7 Name and address According to the Labelling Directive 2000/13/EC the label must contain the name or business name and address of the manufacturer or packager, or of a seller established within the Community. Following a court case in September 1997 (the Dega Case C-83/96*) the European Court clarified exactly what way this was to be interpreted.

* Judgement of 17/09/1997. Provincia autonoma di Trento and Ufficio del medico provinciale di Trento v Dega di Depretto Gino SNC (see the European Court Reports 1997, p. 1-500).

The European Courts judgement declared that the expression ‘established within the Community’ refers only to the seller. In other words, as regards manufacturers and packagers, the label on the packaging may indicate details of either one or the other, whether established within the Community or outside the Community; and as regards the seller, the label may only indicate details of a trader established within the Community.

The reason behind this ruling was as follows: The aim of this provision (providing information on the manufacturer, packager or seller on the label) was to enable the consumer to contact a person responsible for the foodstuffs with a view to expressing any positive or negative criticism about the product purchased.

This can only be achieved if the ultimate consumer can easily identify the person responsible for the product. In that respect, producers and packagers differ from sellers. The former are generally established, easily identifiable traders, meaning that the fact that they might be situated outside the Community does not present a problem. In contrast, sellers are generally much smaller traders and, consequently, more difficult to identify, particularly if they are established outside the Community.

That is why the Community legislature, for the purposes of the rules on labelling of foodstuffs,laid down different rules in relation ♠ to traders depending on whether they are manufacturers or packagers, on the one hand, or sellers, on the other. ACE The contact details of the manufacturer, packager or seller ACE FOODS LIMITED must be precise enough to enable a complainant to contact the ACE INDUSTRIAL PARK, named agent where necessary. A web address is not an DUBLIN 14 acceptable address. See left, the name of the manufacturer, within the Community, of a packet of semolina .

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3.5.8 Origin On the label an indication of the place of origin or provenance of the foodstuff is required only where its absence might mislead the consumer to a material degree as to the true origin or provenance of the foodstuff. In other words the requirement to provide details on the place of origin, not necessarily the country, should be indicated where the consumer might be otherwise misled.

Consumers could be misled through pictorial representations, such as a flag or a map of a country other than the one in which it was produced. Consumers could also be misled where the name given to a food or it’s brand name includes a reference to a place that could imply that the food comes from or has been made in a particular area, e.g. American beef burgers that were made in Ireland. In such instances the true place or origin should be made clear i.e.‘made in Ireland’.In addition,Brie cheese made in Tipperary would have to indicate its place of origin as it is a product normally associated with France and consumers might be misled to believe the product comes from France and not Ireland unless otherwise stated.

The country or place of origin of a foodstuff could be considered as the place in which it last underwent a substantial change (i.e. the country of manufacture where processing or treatment takes place), and not where the food is grown, for example, potatoes grown in Cyprus but processed into crisps in Ireland could bear the indication ‘Made in Ireland’.

However, the omission of the place of origin may mislead the consumer to a material degree where the label as a whole suggests a food comes from another place, for example, imported pork from Holland being sold in a pre-packaged form in Ireland (even if it has undergone a degree of processing), indicating ‘packed for …(the name of the Irish retailer)’ on the label, could mislead the consumer into believing the pre-packaged pork is an Irish product. In such cases, it is the view of the Food Safety Authority of Ireland, that the country of origin should be stated.

Many of the rules regulating specific food commodities contain specific rules on origin marking such as those for wine, beef and eggs (see Chapter 8). See below ‘American Style Burgers’ indicating ‘Produced in Ireland’.

American Style Burgers

Produced in Ireland for: Value Stores, Value House, 20 Wolfe Tone Road, Dublin 15

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3.5.9 Instructions for use The label must contain instructions on how to use the product if it is necessary so the consumer can make appropriate use of the food e.g. cook, reheat, mix, not suitable for frying* (see below the instructions indicated for a packet of dried soup).

COOKING INSTRUCTIONS: Empty the contents of this packet into a saucepan and gradually add 850 ml (11/2 pints) of cold water, stirring until blended. Bring to the boil, stirring continuously; partially cover and simmer for 10 minutes, stirring occasionally.

*The Food Safety Authority of Ireland issued voluntary advice in September 1999 to major retailers for the indication of appropriate instructions for the cooking of pre-packaged raw minced beef and minced beef products as a result of the risk of E.coli from these products (see an example below).

Cook with Care Value Stores Select provides you with very real assurances in terms of food safety. However this meat product may contain bacteria that could potentially cause illness if not cooked thoroughly.

For your safety, please follow these simple instructions: 1. Store in refrigerator or freezer. Thaw in fridge or microwave.

2. Always make sure that raw products do not come into contact with ready to eat or cooked products. Wash all work surfaces and utensils thoroughly after preparing raw food.

3. Be sure to cook thoroughly until the juices run clear.

4. Ensure hot foods are kept hot. Refrigerate leftovers immediately.

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3.5.10 Alcoholic beverages The labelling of alcoholic beverages containing more than 1.2% by volume of alcohol must indicate the actual alcoholic strength by volume. Commission Directive 87/250/EEC sets down the rules for the indication of alcoholic strength by volume on the label of alcoholic beverages for sale to the ultimate consumer. It details the manner in which the indication of alcoholic strength for beverages containing more than 1.2% by volume should be declared.

The figure of alcoholic strength should be given to not more than one decimal place followed by the symbol ‘% vol.’ and may be preceded by the word ‘alcohol’ or the abbreviation ‘alc’ e.g. a bottle of beer could indicate ‘alcohol 4.5% volume’.

3.6 Derogations to the general labelling rules • Pre-packaged foodstuffs that are packaged for retail sale on the premises from which they are sold need only indicate the name of the food on the label (e.g. where rashers are packaged and sold to the consumer on the same premises the indication ‘rashers’ on the label is sufficient). • Pre-packaged flour confectionery for sale on the premises from which they are produced, need only indicate the name of the food on the label (e.g. a pre-packaged madeira cake baked on the premises from which it is sold need only indicate ‘madeira cake’ on the label). • Foodstuffs for sale to consumers or mass caterers without pre-packaging need only indicate the name of the food either on the label or displayed on a notice near the food.This notice and the information displayed on it must be visible, legible, indelible and not obscured in any way e.g. ham slices at a deli counter. • Foodstuffs packed on the premises at the request of the consumer (e.g. sandwiches made up at the consumers request) need only indicate the name of the food either on the label or displayed on a notice near the food. Similarly, this notice and the information displayed on it must be visible, legible, indelible and not obscured in any way. • Individually wrapped fancy confectionery not enclosed in any other packaging and intended for sale as a single item need only indicate the name of the product and the name and address of the manufacturer, packer or seller on the label. Fancy confectionery is taken to mean a product in the form of a figure, an animal, egg etc. or in any other fancy form. • Milk and milk products in reusable glass bottles only require the name of food, the net quantity, the date of minimum durability and the name or business name and address of the manufacturer or packager, or of a seller of foodstuffs established within the Community. • Packaging or containers where the largest surface is less then 10cm2 only require the name of the food, the net quantity and the date of minimum durability. • Butter produced at a national level for the domestic market need only indicate either the manufacturer, packer or seller on the label or the creamery number.

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The provisions of the European Directive or National Regulations on labelling do not effect in any way the requirements for the indications of average quantities (the ‘e-mark’ see section 3.5.4), the indication of prices, health marks (see section 8.1.3 and 8.7.6), merchandise marks (including the range of sizes for particular pre-packaged foods) and general product safety.

3.7 When the Regulations do not apply These Regulations do not apply to: • Foods for export to another country other than a Member State of the European Union • Products covered by the Medicinal Preparation (Labelling and Package Leaflets) Regulations, 1993 (S.I. No. 71 of 1993) and its amendments Regulations, 1994 (S.I. No. 440 of 1994) and Regulations, 1999 (S.I. No. 187 of 1999).These Regulations cover medicinal products and borderline products such as herbal remedies that contain medicinal ingredients.The latter are products, which fall between a medicine and a food but meet particular criteria and are thus also considered as medicines (see Chapter 5 on claims).

3.8 Competent authority The following bodies have the responsibility for the enforcement of the general labelling rules: • Department of Enterprise,Trade and Employment, Consumer Protection Unit, Fredrick Building, Setanta House, Dublin 2.Tel:(01) 6614444 • Department of Health and Children, Food Unit, Hawkins House, Poolbeg Street, Dublin 2. Tel:(01) 6354000 • Office of the Director of Consumer Affairs, Headquarters, 4 Harcourt Street, Dublin 2. Tel:(01) 4025555 • The Environmental Health Department of the ten regional health boards • The Food Safety Authority of Ireland,Abbey Court, Lower Abbey Street, Dublin 1. Tel:(01) 8171300

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CHAPTER 4. NUTRITION LABELLING

4.1 Nutrition Labelling Regulations Consumer awareness and interest in diet and health issues has increased dramatically over recent years. There is a greater demand for ‘healthy alternatives’ to certain foods as consumers are encouraged to become more aware of what they are eating to combat many health problems such as obesity and heart disease.

Consumers are no longer contented with purely accepting the food that is presented for sale, they want to know the exact properties of the food they are purchasing and how it was produced. Provision of nutrition labelling and information on nutrition on the label enables consumers to make more informed choices with regard to the nutritional characteristics of the foodstuff.

The Health (Nutrition Labelling For Foodstuffs) Regulations, 1993 (S.I. No. 388 of 1993) implementing the European Council Directive 90/496/EEC regulate nutrition labelling. Nutrition labelling is voluntary but is compulsory where a nutritional claim is made on the label. However, if a label carries nutrition labelling, even when it is not required, it must comply with the Regulations.

4.1.1 Nutritional claims and nutrient declarations A nutritional claim is one that states, suggests or implies that a foodstuff has particular nutrition properties due to the energy (i.e. the amount of calories) and/or the nutrients (such as protein or fat) that it does or does not provide at increased or reduced rates. Nutritional claims include the declaration ‘low fat’, high fibre’ or ‘contains less than 100 calories’ on the label (see also section 5.2.1).

The provisions of the Health (Nutrition Labelling For Foodstuffs) Regulations, 1993 apply where a nutritional claim is made. No nutritional claim can be made on the labelling of a food other than those relating to: • The energy value • The nutrients: protein, carbohydrate, fat, fibre, sodium and substances that belong to or which are components of these nutrients and • The vitamins and minerals listed in Table 4 present in significant amounts.

The type of nutritional claim made dictates the information that must be given on the label. Nutrition information must be presented in one of two formats, Group 1 or Group 2 format, depending on the nutrient that the claim is being made for.All nutrient values must be stated per 100g or 100ml of the foodstuff. Values per serving or per portion may also be declared provided that the number of servings or portions per packet is specified.

Group 1 format requires nutrition information to be given on the four basic nutrients energy, protein, carbohydrate and fat where a nutritional claim is made for one or more of these nutrients.

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Nutrition labelling in Group 1 format must declare the following: • Energy value (specified numerically in kilo joules or kilo calories) • Amount of protein, carbohydrate and fat (specified numerically in grams)

Table 1 – Nutrition Labelling in Group 1 format Nutrition Information Average values per 100g Energy 170kJ/40kcal Protein 2.0g Carbohydrate 5.3g Fat 1.2g

See below nutrition information given in Group 1 format on a packet of dried sauce mix.

NUTRITION INFORMATION

PER 100G PER 190ML SERVING Energy 1557 kj 255 kj 369 kcal 60 kcal Protein 9.6 g 1.6 g Carbohydrate 62.0 g 10.2 g Fat 9.2 g 1.5 g

Group 2 format requires nutrition information to be given on a more extensive list of eight nutrients where a nutrition claim is made for sugars, saturates, fibre or sodium.

Nutrition labelling in Group 2 format must declare the following: • Energy value (specified numerically in kilo joules or kilo calories) • Amount of protein, carbohydrate, sugars, fat, saturates, fibre and sodium (specified numerically in grams)

Table 2 – Nutrition Labelling in Group 2 format Nutrition Information Per 100g Per serving (40g) Energy 1150kJ/270kcal 700kJ/170kcal Protein 13g 9g Carbohydrate 46g 25g (of which sugars) (18g) (14g) Fat 3.5g 3.5g (of which saturates) (0.6g) (1.5g) Fibre 29g 12g Sodium 0.9g 0.4g

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Additional information may also be provided on the label for amounts of one or more of the following (but the declaration must include any that a nutritional claim has been made for):

• Starch (specified numerically in grams) • Polyols (specified numerically in grams) • Monounsaturates (specified numerically in grams) • Polyunsaturates (specified numerically in grams) • Cholesterol (specified numerically in milligrams) • Vitamins and minerals (specified numerically in the units indicated in Table 3 below). Table 3 shows an example where nutrition information is given on a label, additional to the legal requirements, on vitamins, minerals and starch.

Table 3 – Nutrition labelling in Group 2 format with additional non-compulsory information (in shaded area)

Nutrition Information Per 100g Per serving (40g) Energy 1150kJ/270kcal 700kJ/170kcal Protein 13g 9g Carbohydrate 46g 25g (of which sugars) (18g) (14g) (of which starch) (28g) (11g) Fat 3.5g 3.5g (of which saturates) (0.6g) (1.5g) Fibre 29g 12g Sodium 0.9g 0.4g Vitamins (%RDA) (%RDA) Vitamin D 3.1ug (65) 1.3ug (25) Thiamin (B1) 0.9mg (65) 0.4mg (30) Minerals Calcium 340mg (45) 300mg (45) Iron 8.8mg (65) 3.6mg (65)

For example, a declaration of the amount of starch per 100g or 100ml of the product may appear in addition to the nutrients already provided under Group 1 or Group 2 format above if the manufacturer or packager wishes. However,an indication of the amount of starch becomes compulsory in addition to the nutrition information already given where a nutritional claim is made for starch.

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Where nutrition information regarding the vitamin and mineral content of a food is given on the label (whether voluntary or a result of a claim being made) the following information must also be provided on the label in addition to the declaration of their quantity: • An indication of the percentage of the Recommended Daily Allowance (RDA) that vitamins and/or minerals provide (listed in Table 4) and • There should be at least 15% of this RDA present in either 100g or 100ml of the product (or 15% of this RDA present per packet of the foodstuff where the packet only contains a single portion)

Recommended Daily Allowances (RDAs) are the level of intake of nutrients that, on the basis of scientific knowledge, are judged to be adequate to meet the known nutrient needs of practically all healthy people. RDAs are generally assessed and prepared by nutritionists in individual countries depending on the type of foods that are eaten and subsequently the nutrients that are obtained from these foods in individual sections of the community or the country as a whole.

The RDA's in Table 4 originated from the European Council Directive 90/496/EEC on nutrition labelling and are based on the European population. However, in 1999 the Food Safety Authority of Ireland published "Recommended Dietary Allowances for Ireland" based on the health of the population specifically in Ireland. Although there are only minute differences between the European and Irish RDA's, the RDA's contained in Table 4 according to Directive 90/496/EEC should be used for nutrition labelling purposes.

Where sugar and/or polyols and/or starch are declared the nutrient declared must be shown as a component of carbohydrate in the nutrition table (see also Tables 2 and 3):

• Carbohydrate g of which • Sugars g • Polyols g • Starch g

Fatty acids are the basic units of fats and are broken into three main categories: saturates, monounsaturates and polyunsaturates. Where the amount of mono-unsaturates and/or polyunsaturates and/or the cholesterol rate is given, the total amount of saturates shall also be given.

In addition, where the amount and/or type of fatty acids and/or cholesterol rate is declared, the nutrient declared must be shown as a component of total fats in the nutrition table such as:

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NUTRITION INFORMATION

• Fat g Typical Analysis Composition per 100g, (2 Slices approx.) Energy 826kj (194kcal) of which Protein 8.70g Carbohydrate 39.40g • Saturates g of which sugars 0.32g Fat 1.30g • Monounsaturates g of which saturates 0.74g mono-unsaturates 0.35g • Polyunsaturates g polyunsaturates 0.21g Sodium 0.60g • Cholesterol mg Fibre 5.70g

See above the nutrition information for brown sliced bread where sugars are indicated as a component of carbohydrate and saturates, mono-unsaturates and polyunsaturates as a component of fat.

Table 4 - Vitamins and minerals which may be declared on the label and their Recommended Daily Allowances (RDA)

Vitamin/Mineral RDA Vitamin A 800 mg Vitamin B6 2 mg Vitamin B12 1 mg Vitamin C 60 mg Vitamin D 5 mg Vitamin E 10 mg Pantothenic Acid 6 mg Calcium 800 mg Biotin 0.15 mg Thiamin 1.4 mg Phosphorus 800 mg Riboflavin 1.6 mg Iron 14 mg Niacin 18 mg Magnesium 300 mg Zinc 15 mg Folacin 200 mg Iodine 150 mg

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4.1.2 The energy value of a food The energy value of a food that is to be declared can be calculated by using the conversion factors in Table 5 as detailed in the Nutritional Labelling Regulations, 1993 (S.I. No. 338 of 1993). The conversion factor is the amount of energy (which is measured in either kilo calories or kilo joules) obtained per gram of the specified nutrient. For example, you get four kilo calories of energy per gram of carbohydrate in food whereas you get 9 kilo calories of energy per gram of fat in food.Therefore as the energy value (or calorific value) of fat is higher than carbohydrate you can consume more carbohydrate than fat to get the same amount of energy.

To calculate the energy value of a nutrient in a food quite simply multiply the amount of the nutrient (in grams) present in a food by its energy value i.e. the conversion factor.

Table 5 – Nutrient Conversion Factors kcal/g kJ/g Carbohydrate (except polyols) 4 17 Protein 417 Fat 937 Alcohol (ethanol) 7 29 Organic acid 313

For example, the amount of energy derived from carbohydrate in a tin of beans containing a total of 5g of carbohydrate is as follows:

Amount of carbohydrate in grams X Conversion Factor = Energy value of Carbohydrate 5g x 4 kcal/g = 20kcal ➾ 20 kcal of energy is given by carbohydrate

To obtain the energy value of the entire food product add all Ingredients the energy values for all nutrients in that food. See right for Sweetcorn, water, sugar, salt Nutrition Information per 100g energy value calculated for sweetcorn given in kJ and Kcal’s. Energy 325 kJ / 76 Kcal Protein 2.9g Carbohydrate 16.1g Fat 0.5g

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4.1.3 General requirements In general nutrition information on the nutrient content of a food relates to the foodstuff before preparation or cooking i.e. as purchased. It may however relate to the product after preparation provided that sufficient preparation instructions are given and the label clearly states that the information relates to the food as prepared for consumption. The information, if space permits, must be presented together in one place in tabular form with the numbers aligned. If however, there is insufficient space on the label the information may be presented in linear form.The labelling must be legible, indelible, in a conspicuous location and written in English. The information may appear in Irish in addition to the English declaration if desired. The supply of food otherwise than by sale from any food premises, such as special offers, promotions and give-aways, are covered by the Regulations.

4.1.4 Exemptions from the Nutrition Regulations Nutrition labelling does not apply to the following: • Natural mineral waters (which are regulated under S.I. No. 11 of 1986 and its amendment S.I. No. 461 of 1998, see section 8.12). Separate provisions apply where claims can be made for natural mineral waters and other waters for human consumption and • Food Supplements/Diet Integrators (see section 5.2.3)

The Health Promotion Unit of The Department of Health and Children has published leaflets and further information on nutrition and healthy eating.

4.2 Competent authority The following bodies have the responsibility for the enforcement of the nutrition labelling rules: • Department of Health and Children, Food Unit, Hawkins House, Poolbeg Street, Dublin 2. Tel:(01) 6354000 • The Environmental Health Department of the ten regional health boards • The Food Safety Authority of Ireland,Abbey Court, Lower Abbey Street, Dublin 1. Tel:(01) 8171300

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CHAPTER 5. CLAIMS ON FOODS

5.1 Claims on foods A claim on the label of a foodstuff could be described as a declaration regarding the properties of a foodstuff over and beyond those which are compulsory.The regulation of claims is currently under revision at European level.

Codex Alimentarius defines a claim as: “any representation which states, suggests or implies that a food has particular characteristics relating to its origin, nutritional properties, nature, production, processing, composition or any other quality.”

There is a wide range of general claims being made by manufacturers that in some cases may cause confusion to consumers, for example:

• claims addressing specific characteristics or ingredients of a foodstuff such as ‘with added vitamins’ • claims concerning the product as a whole ‘contains 100 calories’ • claims making comparisons with other products such as ‘30% less fat than regular products’ • claims focusing on the method of production such as ‘ovenbaked’ • claims stated in a ‘positive’ fashion such as what the product does contain or contains at increased levels e.g.‘high fibre’,‘added vitamins and minerals’,‘increased energy’ and • claims in a ‘negative’ fashion such as what the product does not contain or contains in reduced quantities e.g.‘fat free’,‘low fat’,‘no added sugar’,‘low salt’,‘low sugar’,‘low calorie’.

However all claims must be substantiated.The onus is on the manufacturer to demonstrate that the claim is true and be able to provide documentation and evidence in support of the health claim which outweighs any opposing evidence or opinion.

Ultimately claims must not mislead the consumer. Meaningless claims such as ‘added vitality’, ‘wholesome", ‘healthful’ and ‘sound’ and claims as to good hygienic practice, such as ‘hygienically produced’ may be misleading.

5.2 Health claims Health claims are claims made by manufacturers regarding the benefits to health from a particular food and can be broadly broken down into the following headings:

• Nutritional claims for foods regarding the nutrient content of a food such as ‘added vitamins and minerals’ (see section 5.2.1) • Medicinal claims for products classed as medicines having the property of treating, preventing or curing human disease (see section 5.2.2) and

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• Borderline claims where it may be unclear whether a product should be classified as a food or a medicine (see section 5.2.3)

Under the Labelling Regulations the fundamental rules regarding claims are that claims must not be false or misleading to the consumer and medicinal claims that a food has the property of treating, preventing or curing human disease are prohibited (see section 5.2.2). Health claims for foods, however, are not specifically regulated for at European or National Level although claims are likely to become more regulated for in the future as a result of the variety and amount of claims that are being made by manufacturers.There are however, rules that allow for the use of some health claims under certain conditions for particular foods and these are provided under the following:

• The Health (Nutrition Labelling For Foodstuffs) Regulations, 1993 (S.I. No. 388 of 1993) regulating pre-packed foodstuffs where nutritional claims are made such as ‘low fat’ and ‘high fibre’ (see section 5.2.1 and Chapter 4) • The European Communities (Foodstuffs Intended for Particular Nutritional Uses) Regulations, 2001 (S.I. No…of 2001)* regulating specially manufactured foods that claim to provide particular nutritional requirements for certain groups of individuals such as for infants or persons with digestive disorders (see section 9.2) • The European Communities (Natural Mineral Waters) Regulations, 1986-1998 which prohibits bottled waters from making claims that they are natural mineral waters unless they are untreated and meet certain compositional requirements (see section 8.12) and • The European Communities (Dietary Foods for Special Medical Purposes) Regulations, 2001 (S.I. No. 64 of 2001) regulating specially processed foods intended to provide particular nutritional requirements during the dietary management of patients under medical supervision such as patients with an impaired capacity to metabolise food (see section 9.6).

* To date there is no S.I. Number for these Regulations.

Health claims show a relationship between a substance in a food and a health related condition. Health claims can be considered as direct, indirect or can be implied in the labelling, advertising and promotion of a food product that suggests that the product carries a specific health benefit.

A ‘direct claim’ is a claim for the food itself rather than it’s ingredients, such as food ‘x’ has been shown to maintain healthy skin.An indirect health claim is for the ingredients rather than the food itself such as " ‘x’ is good for the heart – this food is high in ‘x’ ".An implied health claim comes from the overall impression given such as a picture of a heart on the pack.

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Health claims should assist consumers to make informed choices and should take consumer perception into account. Manufacturers should not mislead the consumer through marketing imagery, the omission of significant information or undue emphasis on certain words.

5.2.1 Nutritional claims All nutritional claims are controlled under the Health (Nutrition Labelling For Foodstuffs) Regulations, 1993 (S.I. No. 388 of 1993) (see Chapter 4). A nutritional claim is defined under these Regulations. It is considered as any representation and advertising message that states, suggests or implies that a foodstuff has particular nutrition properties due to the energy (i.e. the amount of calories) and/or the nutrients that it does or does not provide at increased or reduced rates. For example, so-called healthier versions of common foods may bear the indications of ‘low fat’, ‘high fibre’,‘no added sugar’,‘with added vitamins and minerals’,‘low calorie’ etc.

There are no legal definitions or levels for the phrases used (low-fat, high-fibre etc). However, Codex (see section 2.1.3) has produced an international guideline for nutrition labelling and the labelling of health claims.The guideline permits the use of certain claims at the levels specified such as ‘low’ or ‘extra low’ sugar depending on the quantity of sugar in the product. Generally where a claim is made for a food that is lower or higher in something the nutrition information given is compared to a similar product. For example, a low fat cheddar cheese must have a significant lower fat content than the original product or an average type cheddar cheese. It should be noted however, the European Communities (Additives, Colours and Sweeteners for use in foodstuffs) Regulations, 2000 (S.I. No. 437 of 2000) does define the term ‘energy reduced’.‘Energy reduced’ is an energy value of a food reduced by at least 30% as compared with the original food or a similar product.

In addition, a foodstuff cannot claim the level of a nutrient is unique to a particular product if all other similar products contain the same quantity of nutrient. For example, pre-packaged chicken breasts cannot claim they are high in protein or low in fat when in fact the nutrient content of all chicken breasts are the same. Manufacturers making claims relating to product nutrition must be in a position to provide the required information to substantiate the claim.

The European Commission recently circulated a discussion paper to all Member States on nutritional claims and functional claims from which they received over 80 written comments from interested parties. It is likely that new legislation will be introduced in the future to regulate further such claims.

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5.2.1.1 Fortified foods Fortified foods are foods to which nutrients have been added, such as breakfast cereals or fruit juices enriched with vitamins and minerals. Foods were originally fortified with extra vitamins and minerals as a public health measure rather than for any other reason. In Ireland most foods can be fortified (exceptions include butter).There are no specific rules governing the fortification of food and there is no limit to the level of fortification that can be used except that it must be safe to eat.

If fortified foods make a claim on the label, the General Labelling Rules will apply such that the consumer must not be mislead to a material degree (see section 3.3) and all claims being made must be able to be substantiated by the manufacturer. In addition, the Nutrition Labelling Regulations will apply where the label makes a nutrition claim such as ‘fortified with Vitamin A’ (see Chapter 4).

5.2.2 Medicinal claims Medicinal claims for foods are prohibited under the National and European Labelling Rules. A medicinal claim is a health claim, which states or implies that a product has the property of treating, preventing or curing human disease. In order to be permitted to make a medicinal claim, a product must be classed as a medicine in accordance with the definition in the European Council Directive 65/65/EEC on medicinal products (see below).Whether or not a product is considered as a medicinal product depends on the presentation of the product and the purpose for which it is administered (see section 5.2.2.1 and 5.2.2.2).All medicines must then be licensed with the Irish Medicines Board (IMB) under the Medicinal Products (Licensing and Sale) Regulations, 1998 (S.I. No. 142 of 1998) and other relevant European Communities Directives otherwise it cannot be used or sold.The Medicinal Products Regulations, 1998 require that a medicinal product shall not be marketed without a Product Authorisation. This ensures that a product complies with required standards of quality, safety and efficacy. However, it is the responsibility of those marketing medicinal products to comply with the relevant legislation and to ensure that such products are marketed accordingly.

The manufacture, importation, distribution and supply of medicinal products for human use in Ireland is regulated by the Irish Medicines Board (IMB) according to the provisions of the Irish Medicines Board Act 1995.The IMB have produced A Guide to the Definition of a Medicinal Product (Edition 1 May 1999) which describes the Irish Medicines Board’s policy on the categorisation of medicinal products for human use.

Sometimes it can be difficult to determine whether a product should be classified as a food or medicine.All products are different and must be judged on an individual basis in accordance with the definition of a medicine depending on its presentation and the purpose for which it is administered. The Irish Medicines Board should be contacted in this respect.

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According to the European Council Directive 65/65/EEC relating to proprietary medicinal products, a medicine is defined as:

‘any substance or combination of substances presented for treating or preventing disease in human beings or animals’ and

‘any substance or combination of substances which may be administered to human beings or animals with a view to making a medical diagnosis or to restoring, correcting or modifying physiological functions in human beings or in animals is likewise considered a medicinal product.’

5.2.2.1 Presentation Products, which claim to cure, alleviate or prevent disease are considered as medicines. When reviewing the presentation of the product the IMB examines any words or phrases that are used such as ‘cures, heals, treats, restores, prevents, clears, stops, protects, helps with, traditionally used for, strengthens the immune system, calms, helps maintain normal water balance’.

It should be noted that products, even if they are intended as nutritional substances, are presented in a way that the labelling, the packaging, the pharmaceutical form, the promotional material or the pharmacological effects implies a medicinal use, are considered as medicinal products.

In addition, the IMB has regard to the European Court of Justice in determining claims such as Case C-219/91 regarding the definition of a medicinal product.The findings of this case declared "a product which is … described as having preventive or curative properties is a medicinal product (within the meaning of Council Directive 65/65/EEC)….even if it is generally considered as a foodstuff…"

5.2.2.2 Purpose for which the product is administered The second part of the definition of a medicine addresses its action on the body. Any product containing a substance with a known significant pharmacological effect will usually be classified as a medicinal product by the IMB irrespective of the presence or absence of claims in the product packaging or literature. In addition, a substance confined to supply on a medical prescription through the Medicinal Products (Prescription and Control of Supply) Regulations, 1996, the Poisons Regulations, or the Misuse of Drugs Regulations, is automatically deemed to be a medicinal product requiring authorisation.

5.2.2.3 Labelling requirements of medicines The use of the ‘best before date’ is a secondary requirement to the mandatory ‘Expiry Date’ declaration for medicinal products. It is prohibited to use or sell a product past its expiry date.

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The re-packaging or re-labelling of any medicinal products is not permitted by anyone other than the licensed manufacturer and with the consent of the product authorisation holder (if different). Damaged medicinal products may not be used.

5.2.3 Borderline products In general food products are clearly not medicinal products.Therefore a product is either a food or a medicine and it cannot be both.There are products however, that are said to occupy a ‘borderline’ position pending the classification whether a product should be categorised as a food or a medicine. For example, some nutritional products lie between a medicinal product and a food depending on the presentation of the food and its effects on the body.

There are certain manufactured preparations that are officially recognised as borderline products that may be classed as medicinal products even in circumstances where they are described by the manufacturers as ‘foods’ or ‘food supplements’ if they fulfil certain criteria such as herbal remedies or slimming products below.These borderline products are presented in a form usually associated with medicinal products and are listed in the Irish Medicines Board guide:

• Products containing vitamins and/or mineral ingredients • Products containing selected amino acids (proteins) • Products containing other ingredients such as fish oils or evening primrose oil • Herbal products or herbal remedies containing medicinal ingredients such as Eucalyptus oil. (some dried and crushed herbs however are excluded according to the Medicinal Products (Licensing and Sale) Regulations, 1998 (S.I. No. 142 of 1998) such as cinnamon bark and carrageen moss). • Slimming products which are intended for use with a view to weight loss or weight control such as appetite suppressants, bulking agents and ‘anti-cellulite’ preparations.

These preparations are considered to be medicinal products under particular circumstances. For example, for preparations containing vitamins or minerals where there are no written particulars or directions as to dosage, the vitamin or mineral preparation concerned is automatically classed as a medicinal product because of the risk of overdosing in the absence of such dosage instructions.This medicinal product now requires a product authorisation under the Regulations.

Where health claims for foods border on the medicinal and attribute medicinal properties to food, the IMB must assess its properties in accordance with the definition of a medicine and are subsequently classed as either a ‘medicine’ or a ‘food’ depending on the fulfilment of certain criteria. Each case is judged separately on its own merits. If a product is deemed not be a medicinal product by the Irish Medicines Board it is considered to be a food and the relevant food rules including labelling requirements apply as enforced by the relevant authorities.

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It is beneficial to the consumer to be made aware in clear language, the role of a food in maintaining good health and reducing the risk of disease. However, there is a fundamental difference between a food product, which has a direct preventative effect on a disease and one which maintains good health as part of a lifestyle which may reduce the risk of disease occurring.The former is a medicine whereas the latter is likely to be a food.This difference should be reflected in the claims, which can be lawfully and truthfully made for a food.

Currently there is a proposal for a Directive relating to food supplements (reference: 2000/C 311 E/13).The proposed legislation sets out harmonised safety rules for food supplements that contain vitamins and minerals. It requires that maximum levels for vitamins and minerals intake will be set based on scientific risk assessment as well as data on vitamin and mineral intake from other foods. The maximum levels will also take into due account what is considered an adequate vitamin and mineral intake for an average person.The labels will give consumers detailed information on vitamin and mineral content and on daily use, including a warning about exceeding the intake as set out in the manufacturer’s instructions.

5.3 Competent authority The Irish Medicines Board (IMB) is the enforcement authority for medicinal products for human use according to the provisions of the Irish Medicines Board Act 1995. The IMB regulates medicines according to the provisions of: • Medicinal Products (Licensing and Sale) Regulations, 1998 (S.I. No. 142 of 1998) and relevant European Communities Directives and • Medicinal Preparation (Labelling and Package Leaflets) Regulations, 1993 (S.I. No. 71 of 1993) and its amendments Regulations, 1994 (S.I. No. 440 of 1994) and Regulations, 1999 (S.I. No. 187 of 1999).

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CHAPTER 6. NOVEL FOODS AND GENETICALLY MODIFIED FOOD

6.1 Novel foods The Novel Foods Regulation (EC) No. 258/97 governs novel foods and novel food ingredients. Novel foods or ‘new foods’ under these Regulations are foods and food ingredients which have not previously been used for human consumption to a significant degree within the European Community and which fall into the following categories: • Foods and food ingredients containing or consisting of genetically modified organisms • Foods and food ingredients produced from but not containing genetically modified organisms • Foods and food ingredients with a new or intentionally modified primary structure • Foods and food ingredients consisting or isolated from micro-organisms, fungi or algae • Foods and food ingredients consisting or isolated from plants and animals (except by traditional propagation practices that have a history of safe food use) • Foods and food ingredients to which has been applied a production process not currently used, where that process gives rise to significant changes in the composition or structure of the foods or food ingredients which affect their nutritional value, metabolism or level of undesirable substances.

6.1.1 Novel foods labelling requirements Article 8 of Regulation (EC) No. 258/97 provides specific labelling requirements for novel foodstuffs in order to ensure that the final consumer is informed of the characteristics of this new food or food ingredient that renders it no longer equivalent to existing foods.The label of a novel food must declare: • The composition of the food, it’s nutritional value as well as the intended use of the food.The labelling must also indicate the properties of the food that were modified and the method by which the particular characteristic was obtained, • The fact that the novel material is not present in an existing equivalent foodstuff which may have implications for the health of certain sections of the population or which may gives rise to ethical concerns, • The presence of a genetically modified organism (as listed in Directive 90/220/EEC on the deliberate release of genetically modified organisms)*.

*Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC comes into force on 17th October 2002.

6.2 Genetically modified food Genetically modified food is a category of novel food (see section 6.1). Council Regulation (EC) No.1139/98 which came into force in September 1998 provides for the labelling of two approved genetically modified ingredients, Round Up Ready Soybean (manufactured by Monsanto) and Bt maize (manufactured by Novartis).

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More recently, additional European legislation on genetically modified food has been introduced: Commission Regulation (EC) No. 49/2000 on the labelling of genetically modified food and Commission Regulation (EC) No. 50/2000/EC on the labelling of food and food ingredients containing genetically modified additives and flavourings (see section 6.3.1).

6.2.1 Genetically modified food labelling requirements Council Regulation (EC) No. 1139/98 contains the main labelling requirements for genetically modified food, which was amended by Commission Regulation (EC) No. 49/2000. Council Regulation (EC) No.1139/98 Regulation details what should appear on the label of a food containing a genetically modified organism whereas Commission Regulation (EC) No. 49/2000 details when it’s presence should be declared on the label.

6.2.1.1 Labelling provisions of Council Regulation (EC) No. 1139/98 Where genetically modified protein or DNA is present in a food at detectable levels, the following labelling requirements apply:

(a) Foods required to declare a list of ingredients on the label:

Foodstuffs consisting of more than one ingredient must declare the ingredient is ‘produced from genetically modified maize’ or ‘produced from genetically modified soya’ in either the list of ingredients immediately after the name of the ingredient concerned or prominently displayed in a footnote to the list of ingredients linked by way of an asterisk (see also section 3.5.2).

In cases where an ingredient is already listed as being produced from soya or maize, the declaration ‘genetically modified’ on the label in the list of ingredients or as footnote as above is sufficient.The footnote must be the same size as the list of ingredients.

See below the declaration ‘produced from genetically modified soya’ linked by way of an asterisk to hydrolysed vegetable protein in the list of ingredients of a vegetarian pie.

INGREDIENTS: Wheat Flour, Margarine (with Emulsifiers: Mono and Di- Glycerides of Fatty Acids, Lecithin; Citric Acid), Water, Reconstituted Full Fat Milk Powder, Quorn Myco Protein (with Flavourings), Mushrooms, Modified Starch, Salt, Lactose, Parsley, Milk Protein, Hydrolysed Vegetable Protein*, Raising Agents (Disodium Phosphate, Sodium Bicarbonate), Flavouring, Mushroom Powder, Whipping Cream, Hydrogenated Vegetable Oil, Onion, White Wine, Sugar, Yeast Extract, Nutmeg, Spice Extract, Vegetable Extract, Herb Extract, Flour Treatment Agent (L-Cysteine Hydrochloride) * Produced from genetically modified soya.

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(b) Foods not required to declare a list of ingredients on the label:

Foodstuffs which do not require a list of ingredients such as cheese and beverages with greater than 1.2% alcohol (see section 3.5.2.3), should declare ‘produced from genetically modified maize’ or ‘produced from genetically modified soya’ clearly on the label.

Ingredients of a foodstuff that belong to a certain category of ingredient such as flour (as listed in Appendix 1, see also section 3.5.2.5) need only be indicated by their designated category in the list of ingredients. In cases where the category of ingredient contains genetically modified soya or maize, this must be clearly identified in the list of ingredients in the form ‘contains (name of category of ingredient)….produced from genetically modified maize/soya’.

(d) Foods containing compound ingredients

Where an ingredient is a compound ingredient, i.e. an ingredient which is itself made up of several other ingredients (see section 3.5.2.9), the declaration ‘produced from genetically modified maize’ or ‘produced from genetically modified soya’ as appropriate must appear clearly on the label whether or not the individual ingredients of the compound ingredient are listed.

6.2.1.2 Labelling provisions of Commission Regulation (EC) No. 49/2000 Commission Regulation (EC) No. 49/2000 amending Council Regulation (EC) No. 1139/98, establishes a threshold level for the adventitious or accidental contamination of non-genetically modified material below which the labelling of food or ingredients is not required. It aims to ensure that food ingredients from non-genetically modified sources do not need to be labelled as genetically modified if they contain very low levels of genetically modified material as a result of accidental contamination.

Specifically, it establishes a minimum threshold of 1% for the non-intentional introduction of material that is genetically modified. In other words, provided that the genetically modified material is present at levels below 1% and the supplier can provide evidence that the ingredients are not of a genetically modified origin, then there is no requirement to label.This evidence could take the form of validated documentation or laboratory testing i.e. identity preservation documents at all stages throughout the food chain.This provision does not however, apply to food obtained from sources of unknown origin.

Where manufacturers cannot provide evidence that the ingredients are not genetically modified even if they are at a level of less than 1%, the requirement to label according to the conditions of Council Regulation (EC) No. 1139/98 still apply (see section 6.2.1.1).

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The ‘1% threshold’ level applies to the individual soya and/or maize content of the ingredients of the food and not to the final food as a whole, e.g. the amount of genetically modified material in the ingredient hydrolysed vegetable protein in the vegetarian pie. In cases where the final food comprises a single ingredient however, the threshold naturally applies to the whole food such as tomato.

This Regulation also extends the labelling requirements of Regulation (EC) No. 1139/98 to include pre- packaged foodstuffs for supply to mass caterers as well as foods for sale to the final consumer.Therefore, in the case of the supply of food to mass caterers, the information, including details of the genetically modified components, should appear on the commercial documents accompanying the foodstuff.

6.3 Genetically modified additives and flavourings Commission Regulation (EC) No. 50/2000 regulates the labelling of foodstuffs and food ingredients containing additives and flavourings that have been genetically modified or that have been produced from genetically modified organisms. It details specific additional labelling requirements for food and food ingredients intended for final consumers and mass caterers.

The Regulation relates to: • additives (falling within the scope of Directive 89/107/EEC see Appendix 4) and/or • flavourings for use in foodstuffs (falling within the scope of Directive 88/388/EEC see section 9.10) which are, contain or are produced from genetically modified organisms within the meaning of Council Directive 90/220/EEC on the deliberate release of genetically modified organisms.

Additives and flavourings that have been genetically modified or have been produced from genetically modified organisms that are not equivalent to their traditional counterparts are subject to these labelling requirements.

6.3.1 Genetically modified additives and flavourings labelling requirements The label of the foodstuffs must inform the final consumer or mass caterers of the presence in the additives or flavourings of material which is not present in existing equivalent additives or flavourings and • which may affect the health of certain sections of the population or • which gives rise to ethical concerns.

The labelling requirements for additives and flavourings that are genetically modified and additives and flavourings that contain or are produced from genetically modified organisms, are similar to the labelling rules outlined in Regulation (EC) No. 1139/98 (section 6.2.1.1) on the labelling of genetically modified food.

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Where the additives and flavourings in a food are genetically modified:

The words ‘produced from genetically modified …….’ shall appear in the list of ingredients immediately after the indication of the additive or flavouring.Alternatively this wording may appear in a prominently displayed footnote to the list of ingredients linked to the additive or flavouring concerned by way of an asterisk.The footnote must be the same size as the list of ingredients.Where the food does not contain a list of ingredients this wording shall appear clearly on the products label.

Where the additives or flavourings in a food contain or are produced from a genetically modified organism:

The words ‘genetically modified’ shall appear in the list of ingredients immediately after the indication of the additive or flavouring in question. Alternatively this wording may appear in a prominently displayed footnote to the list of ingredients linked to the additive or flavouring concerned by way of an asterisk.The footnote must be the same size as the list of ingredients.Where the food does not contain a list of ingredients this wording shall appear clearly on the products label.

The EU Commission is expected to examine the possibility of establishing a threshold level for the accidental contamination of non-genetically modified additives and flavourings. Below this level the labelling rules would not apply (similar to the provisions of Regulation (EC) No. 49/2000 in section 6.2.1.2 above).To date no threshold has been established.

A report and leaflet on genetically modified food is available from the Food Safety Authority of Ireland and is also available on the FSAI website: www.fsai.ie

6.4 Competent authority The Food Safety Authority of Ireland,Abbey Court, Lower Abbey Street, Dublin 1 (Tel: 01 8171300) is the body responsible for the enforcement of the rules on novel foods and genetically modified foods i.e. Novel Foods Regulation (EC) No. 258/97, Council Regulation (EC) No. 1139/98 and Commission Regulations (EC) No. 49/2000 and 50/2000/EC.

However, Council Directive 90/220/EC on the deliberate release into the environment of genetically modified organisms is the responsibility of the Environmental Protection Agency, Headquarters, Ardcavan, Co.Wexford (Tel:053 60600). Council Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms supercedes and repeals Directive 90/220/EC from 17th October 2002.

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CHAPTER 7. ORGANIC FOOD

7.1 Organic production Organic food is produced in accordance with standards laid down in Council Regulation (EC) No. 2092/91. This Regulation covers the organic production of agricultural products and foodstuffs. Council Regulation (EC) No. 1804/1999 amended Regulation 2092/91 and extended it to cover the organic production of livestock including aquatic species farmed in fresh, salt or brackish water.Finally, Commission Regulation (EC) No. 331/2000 further amends Regulation 2092/91 with regard to some labelling provisions.

The Regulations governing the production of organic food do not fall under the umbrella of food safety legislation. However, the standards laid down do contain some labelling provisions. The Department of Agriculture, Food and Rural Development (DAFRD) is the competent authority charged with overall responsibility for ensuring that operators producing, preparing, importing or marketing organic products do so according to certain standards as laid down in the Regulations.An organic operator must be registered with DAFRD and submit their enterprise to inspection by an approved inspection body.

There are currently three organic inspection and certification bodies approved by DAFRD, Demeter Standards Ltd, Irish Organic Farmers’ and Growers’ Association (IOFGA) and Organic Trust Ltd, certifying that organic operators are meeting the stipulated standards for organic food production. However, the existing inspection and certification arrangements are under review by DAFRD.

An Organic Development Committee has been established by DAFRD to recommend a coherent development strategy for the organic sector; to achieve expansion in production, processing and marketing of Irish organic produce; to secure an increased share of the growing national and export markets; and to consider the broad actions necessary for the most advantageous long-term future development of the sector while protecting its integrity.This Committee has representatives of the widest interests in the organic sector.

7.2 Labelling of organic produce An organic product produced according to the Regulations should bear the indication ‘organic’ in the labelling, advertising material or commercial documents. Packaged organic food, which must remain closed from packaging until point of retail sale, must indicate the name and/or code number of the organic certification body.

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The Community logo may be provided in addition on the label.The provision of the logo is voluntary but where it is provided the technical reproduction rules must be adhered to such as colours, size, background etc (see below the Community logo in black and white).

The provisions of the general labelling rules (Council Directive 2000/13/EC, Chapter 3) also apply to packaged organic food. No claim may be made on the label or advertising material that suggests to the purchaser that the product constitutes a guarantee of superior organoleptic, nutritional or salubrious quality.

The above labelling provisions apply to organic produce at point of sale only. However, for intra-trade the producers or processors details or license number must be provided on all ‘internal’ documentation such as delivery dockets, invoices, etc. so that full traceability is maintained.

Organic products imported from outside the EU (i.e. third country imports) must be produced in conformity to EU standards. At present certain countries are recognised by the European Commission as having equivalent production and inspection rules to those of the European Community.Where a third country does not have equivalence recognition, DAFRD, as the competent authority must satisfy itself that the product being imported was produced in accordance with production rules equivalent to those in the EU.

Products prepared partially from ingredients of organic origin may only make reference on the label to the organic production method provided they adhere to the conditions set out in Article 5 of Council Regulation (EC) No. 2092/91 as amended.

7.3 Competent authority The Department of Agriculture, Food and Rural Development, Organic Unit, Johnstown Castle Estate, Co.Wexford (Tel 053 63465) is the body responsible for the enforcement of the Regulations on the production of organic food.

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CHAPTER 8. LABELLING REQUIREMENTS FOR SPECIFIC COMMODITIES

The provisions of the general labelling rules for pre-packaged foodstuffs, as laid down in Directive 2000/13/EC (Chapter 3), apply to all foodstuffs including the specific rules for the commodities listed in this chapter. The additional specific requirements hereunder are provided for in the legislation relating to the particular product.

8.1 Beef and beef products (including minced beef)

8.1.1 The legislation Council Regulation (EC) No. 1760/2000 provides for the establishment of a system of identification and registration of bovine animals and the labelling of beef and beef products. It repeals Council Regulation (EC) No. 820/97. This Regulation is implemented into national law by the European Communities (Labelling of Beef and Beef Products) Regulations, 2000 (S.I. No. 435 of 2000).

The system for the identification and registration of bovine animals comprises of four elements: a) Ear tags to identify animals individually b) Computerised databases c) Animal passports d) Individual registers of animals kept on each holding or farm.

This Regulation also contains provisions for the introduction of a labelling system for beef. It consists of two elements, a compulsory beef labelling system and a voluntary beef labelling system, with the objective of providing maximum transparency during the marketing of beef.

8.1.2 Compulsory beef labelling system Compulsory beef labelling requires operators or organisations to label beef with specific information at all stages of marketing up to and including the point of sale to the consumer. It should be noted that where the ‘name of country’ is required on the label this means that either the name of the Member State or the name of the third country (a country outside the European Union) must be provided.

Operators or organisations are required to label beef with the following information: • The reference number or code of the animal or group of animals from which the beef was derived • The country of the slaughterhouse and approval number, the indication should read:- ‘Slaughtered in (name of country) (approval number)’. • The country of the de-boning hall and approval number.The indication should read:- ‘Cutting in (name of country) (approval number)’. • Country of birth • All countries where fattening took place • All countries where slaughter took place.

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However, where the beef is derived from animals born, raised and slaughtered in the same country (i.e. in the same Member State or third country), the indication on the label may be given as ‘Origin: (name of Member State)’ or ‘Origin: (name of third country)’.

However, there is an exception to the compulsory beef labelling system for minced beef.An operator or organisation preparing minced beef can indicate on the label: • ‘prepared in (name of country)’ depending on where the meat was prepared • ‘origin (name of country)’ where the country or countries of origin are not the same as the country of preparation • a reference number or reference code ensuring the link between the meat and the animal or group of animals and • the name of the country where the animal was slaughtered

In addition, an operator or organisation preparing minced beef may add the following to the label: • One or more of the compulsory indications above for beef if they wish, such as where fattening took place and • The date on which it was prepared.

Council Directive 94/65/EC specifically regulates the production and placing on the market of minced meat and meat preparations and also contains some labelling provisions (see section 8.1.4).

Operators and organisations involved in the production and marketing of beef, should arrange to implement the requirements of the compulsory beef labelling system, ensuring that a system is in place to guarantee the accuracy of the information on the labels.

8.1.3 Voluntary beef labelling Council Regulation (EC) No. 1760/2000 incorporates the voluntary labelling provisions of the now repealed Council Regulation (EC) No. 820/97, which permitted operators to put additional information on labels.

Operators wishing to place information on the label additional to the requirements of the compulsory labelling system must first submit an application for approval to the competent authority where the sale or production of the beef takes place. In Ireland it is the responsibility of the Department of Agriculture, Food and Rural Development (DAFRD).

The competent authority is obliged to examine the application thoroughly, particularly to ensure that the traceability system is capable of verifying the information on the label.The costs of the controls carried out by an independent control body must be borne by the operators.

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Approval by the DAFRD of the information to 8.1.4 Minced meat and meat be provided on the label will depend on the preparations application submitted by the operator or Council Directive 94/65/EC regulating the organisation indicating: production and placing on the market of • the information to be included on minced meat and meat preparations was the label; implemented by European Communities • the measures to be taken by the (Minced meat and meat preparations) operator or organisation to ensure the Regulations, 1996 (S.I. No. 243 of 1996).These accuracy of the information; rules detail additional marking, labelling, • the control system to be applied at all wrapping and packaging requirements for stages from production through to the minced meat and meat preparations including point of sale including checks to be the declaration of the: carried out by an independent control • health mark* (see sections 8.1.5 and 8.1.6) body designated by the applicant for • species from which the meat was this purpose.These bodies must comply obtained in certain circumstances with the criteria set out in European • percentage meat from each species Standard EN/45011. where the meat is obtained from a mixture of species and For example, labels wishing to contain the • date of preparation where the minced following type of information, relating to the meat is not intended for the final animals from which the beef was produced, consumer. must be approved: • origin (i.e. the Member State, third *Minced meat and meat preparations country or holding where the beef produced for the domestic market must producing animal was produced, born, declare the national health mark on the label fattened or slaughtered), as follows: • identification number and sex, • An isometric triangle with 7cm sides, • method of fattening, • A 2cm margin at the top of the triangle • information on slaughtering (e.g. age at containing the word ‘approved’ slaughter or date of slaughter) • The lower portion shall contain the • method or length of maturation of beef appropriate registration number of the • breed premises and • other information not easily checked at • All figures and letters used shall be at point of sale. least 0.8cm.

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8.1.5 Fresh meat labelling 8.1.6 Meat products labelling Council Directive 64/433/EEC as amended, lays Council Directive 77/99/EEC as amended down the health rules for the production and regulates the health rules for the production placing on the market of fresh meat intended and marketing of meat products and other for human consumption for intra-Community products of animal origin intended for human trade in meat. The European Communities consumption. The European Communities (Fresh Meat) Regulations, 1997 (S.I. No. 434 of (Meat Products and Other Products of Animal 1997) implement these rules. Origin) Regulations, 1995, 1997 and 2000 (S.I. No. 126 of 1995, S.I. No. 175 of 1997 and S.I. These rules contain labelling requirements for No. 93 of 2000) implement these rules. fresh meat including the requirement to indicate a health mark. However, this is not The 1997 amendment Regulation provides necessary where the fresh cut meat is some provisions for the wrapping, packing and unwrapped. For wrapped fresh cut meat labelling of meat products. In addition, it details produced for the domestic market, a national that meat products must carry a health mark health mark stamp may be provided instead and the manner and other particulars in which (see section 8.1.4). this marking is carried out although there are some exemptions. Under these rules the health mark must be an oval mark at least 6.5cm wide by 4.5cm high Under these rules the EC health mark consists bearing the following information in perfectly of an oval mark containing in legible form and in legible characters: printed capital letters, the following information: • In the upper part, the letters ‘IRL’ the 1) On the upper part, the name ‘Ireland’ in code for Ireland (or ‘IRELAND’), capitals; • In the centre, the approval code of the 2) In the centre, the veterinary approval meat products premises preceded by the number of the establishment; letter ‘P’ and 3) On the lower part, the initials EC. • In the lower part the letters ‘EC’ the code for the European Community (or The letters shall be at least 0.8cm high and the ‘EEC’) figures at least 1cm high. Below is an example of a health mark:

IRELAND IRL Plant No. P 12345 EC EC

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8.1.7 Competent authority cannot be confused with the products These Regulations are administered by the defined in the Directive such as Pigmeat/Eggs & Poultry/Meat Hygiene Division, chocolate cakes), Department of Agriculture, Food and Rural • Where a chocolate product contains Development, Agriculture House, Kildare vegetable fat other than cocoa butter, it Street, Dublin 2. (Tel:01-6072830). may not be offered for sale unless: - a statement to the effect that it 8.2 Cocoa and chocolate products contains vegetable fat other than cocoa butter* appears on the package, 8.2.1 The legislation container or label of the product and The current legislation is Council Directive - the amount of such fat is 5% or less by 73/241/EEC and it amends 74/411/EEC, weight of the chocolate component of 74/644/EEC and 75/155/EEC as transposed the product, into national law by the Food Standards • For chocolate products with a filling the (Cocoa and Chocolate Products) (European designated sales name must be Communities) Regulations, 1975 (S.I. No. 180 accompanied by an indication to the of 1975). consumer of the filling used such as chocolate with milk chocolate filling. For Council Directive 73/241/EEC will be filled chocolate and chocolates obtained superceded with effect from 3rd August 2003 from chocolate products other than by Directive 2000/36/EC of the European chocolate and couverture chocolate, an Parliament and of the Council relating to additional indication of the type or types cocoa and chocolate products intended for of chocolate used must be given. human consumption. For a product with filling, the outer chocolate portion of ‘filled’ chocolates 8.2.2 Specific labelling requirements must not be less than 25% of the total (according to Directive 2000/36/EC) weight of the product (these provisions The labelling requirements are as follows: do not apply to products with a filling • The sales names e.g. chocolate, milk containing bakery products, pastry, chocolate, drinking chocolate, couverture biscuit or edible ices), chocolate, plain chocolate, cocoa butter, • Where certain chocolate products are cocoa powder, or filled chocolate etc. as sold in assortments the sales name may listed in the Directive shall apply only to be replaced by ‘assorted chocolates’ or the products defined therein and must ‘assorted filled chocolates’. In this case be used in trade to designate them. there may be a single list of ingredients (However, these names can be used for for all the products in the assortment, other products in accordance with • For specific products (such as powered custom provided these other products chocolate, drinking chocolate, chocolate,

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milk chocolate, chocolate a la taza and would otherwise fall within the definition chocolate familiar a la taza) an indication of ‘milk chocolate with a high milk of the total dry cocoa content must be content’ under existing legislation or given by a declaration ‘cocoa solids ...... % ‘family milk chocolate’ under the new minimum’, Directive provided an indication of the • Fat-reduced cocoa and sweetened cocoa amount of dry milk solids by the must indicate the cocoa butter content,** declaration ‘milk solids ……% ‘ is given. • The name ‘chocolate’,‘milk chocolate’ and “couverture chocolate”*** may be * From 3rd August 2003 the labelling of products supplemented by declarations or which contain vegetable fats other than cocoa adjectives relating to quality only if: butter must be supplemented by the statement (a) the chocolate has a total dry cocoa ‘contains vegetable fat in addition to cocoa solids content of at least 43% butter’. This statement must be conspicuous, including at least 26% cocoa butter clearly legible and in the same field of vision as (b) the milk chocolate contains not the list of ingredient and clearly separated from more than 50% sucrose and at least this list. This statement must be in lettering at 30% total dry cocoa solids, and at least as large and in bold with the sales name least 18% milk solids obtained by nearby (the sales name of the product may also evaporation, including at least 4.5% appear elsewhere on the label). butter fat and (c) in the case of couverture chocolate ** and *** are also effective from 3rd August at least 16% dry non-fat cocoa 2003. solids,*** • A declaration of the addition of 8.2.3 Competent authority permitted sweeteners, additives and These Regulations are administered by Food flavours is required for a range of specific Division, Department of Agriculture, Food and products where appropriate, Rural Development, Agriculture House, • The net weight, (unless the product Kildare Street, Dublin 2 (Tel:01 6072841). weighs less than 50g.This exemption will not apply beyond 3rd August 2003). For 8.3 Coffee and chicory extracts hollow moulded products this may be replaced by the minimum net weight, 8.3.1 The legislation • The name or trade name and the Directive 1999/4/EC of the European address or registered office of the Parliament and of the Council, regulates coffee manufacturer or packer, or of a seller extracts and chicory extracts as transposed established within the Community, into Irish law by the European Communities • In Ireland the designation ‘milk chocolate’ (Marketing of Coffee Extracts and Chicory may be applied to the product which Extracts) Regulations, 2000 (S.I. No. 281 of

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2000). Directive 1999/4/EC repeals Directive must be written within the same field of 77/436/EEC on coffee and chicory extracts. vision as the sales description, This legislation prescribes, and harmonizes • For particular products with added within the European Union from 13th sugars (such as liquid coffee extract and September 2001, standards for the liquid chicory extract) the labels must composition and labelling of coffee extracts include the terms ‘with....’,‘preserved and chicory extracts. The marketing of coffee with....’,‘with added....’ or ‘roasted with....’ and chicory extracts, which do not meet the followed by the name of the types of terms of the new Directive, is prohibited from sugar(s) used.This information must also 13th September 2001. However, products appear within the same field of vision as labelled before 13th September 2001, in the sales description, accordance with Directive 77/436/EEC may be • The dry matter content must be marketed until stocks run out. expressed as a percentage by weight of the finished product in the case of dried 8.3.2 Specific labelling requirements coffee extract, coffee extract paste, dried The following labelling provisions apply: chicory extract and chicory extract paste. • The product names ‘coffee extract’, ‘soluble coffee extract’,‘soluble coffee’, 8.3.3 Competent authority ‘instant coffee’, or in the case of chicory This legislation is administered by Food extracts,‘chicory extract’ ‘instant Division, Department of Agriculture, Food and chicory’,‘soluble chicory’ and ‘chicory Rural Development, Agriculture House, extract’ apply only to the products Kildare Street, Dublin 2. (Tel:01 6072841). defined in the Directive and must be used in trade to designate them, 8.4 Fruit juices and fruit nectars • These names may be supplemented by the words ‘paste’ or ‘in paste form’ or 8.4.1 The legislation ‘liquid’ or ‘in liquid form’ as appropriate. Council Directive 93/77/EEC concerning fruit The names may also be supplemented by juices and similar products, consolidated and the term ‘concentrated’ , in cases where repealed Council Directive 75/726/EEC (as (a) the coffee based dry matter content amended). Directive 93/77/EEC was transposed is more than 25% by weight of the into Irish law under the Food Standards (Fruit liquid coffee extract or Juices and Fruit Nectars)(European (b) the chicory based dry matter Communities) Regulations, 1978 to 1994. This content is more than 45% by weight legislation sets out the rules regarding of the liquid chicory extract, composition, the use of reserved descriptions, • the labelling must include the term manufacturing specifications and labelling ‘decaffeinated’ if the product meets the provisions of fruit juices and fruit nectars. specified requirements.This information

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A new Directive has been drawn up relating to • An obligation to declare the list of fruit juices and certain similar products ingredients applies, except where: intended for human consumption. Council - substances are used only for the Directive 2001/112/EC comes into force on restoration of the fruit juice or fruit 12th July 2003 and will repeal Directive puree to its original state from a 93/77/EEC. concentrated fruit juice or fruit puree or - the restoration of its original flavours 8.4.2 Specific labelling requirements to a concentrated or dried fruit juice, Products may be marketed as ‘fruit juice’, • For concentrated and dried fruit juice an ‘concentrated fruit juice’,‘fruit nectar’ and ‘dried indication of the quantity of water to be fruit juice’- (the word fruit being substituted by added to restore the product is required, the name of the fruit from which the juice is • For fruit juice or fruit nectar made extracted is used e.g orange juice etc.), only if wholly or partially from a concentrated they comply with the definitions for these product the declaration ‘contains X products as contained in Directive 93/77/EEC. made from concentrate’ is required For example,‘fruit juice’ is the juice of the fruit where X is the name of the (the juice of certain fruits is unpalatable in the concentrated product.This must appear natural state and cannot be sold as ‘fruit juice’ in the immediate vicinity of the product for direct human consumption e.g. cranberry name and stand out prominently in juice, blackcurrant juice). bold lettering,* • For carbonated products with a carbon Products described as ‘fruit juice’, dioxide content greater than 2 grams per ‘concentrated fruit juice’, ‘fruit nectar’, and litre, the description ‘carbonated’ is ‘dried fruit juice’ must adhere to the following required* and labelling provisions: • For fruit nectars, the actual minimum • For products coming from a single content of fruit juice, fruit purée or variety of fruit, the name of the fruit mixture of these ingredients is required must be used to describe the product by the declaration ‘fruit content: X % such as ‘apple juice’, minimum’.* • For products made from 2 or more kinds of fruit, a list of the fruits used in * Where one or all of the latter three descending order of weight must be given, declarations above are indicated on the label • For products with added sugar according i.e. ‘made from concentrate’, ‘carbonated’ or to the limits laid down, the description ‘fruit content’, they must appear in the same ‘sweetened’ followed by an indication of field of vision as the name of the product, it’s the maximum quantity of sugars added, net quantity and it’s date of minimum durability calculated as dry matter and expressed (see section 3.5). as grams per litre must be declared,

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8.4.3 Competent authority These Regulations are administered by Food Division, Department of Agriculture, Food and Rural Development,Agriculture House, Kildare Street, Dublin 2. (Tel:01 6072841).

8.5 Honey

8.5.1 The legislation European Communities Council Directive 74/409/EEC lays down the rules regarding the definition, compositional criteria and labelling provisions for honey that is offered for sale. This Directive is implemented nationally by Food Standards (Honey)(European Communities) Regulation, 1976 (S.I. No. 155 of 1976).

A new Directive relating to honey has been drawn up. Council Directive 2001/110/EC will come into force on 1st August 2003 and will repeal Directive 74/409/EC.

8.5.2 Specific labelling requirements Products can only be marketed as ‘honey’ if they comply with the definition and compositional requirements as set out in the Directive.

The following information must appear on the package, container or label of honey and the information must be conspicuous, clearly legible and indelible: • The name ‘honey’ or one of it’s prescribed names as listed and defined in the Directive such as ‘comb honey’, • the net weight in grams or kilograms, • the name (or trade name) and address of the producer or packer, or of a seller established within the Community, • Member States may retain national provisions that are in place, which require an indication of the country of origin to be declared on the label of the honey product. However, it is not required under our national 1976 Regulations (S.I. No. 155 of 1976) to declare the country of origin on the label where the product originates in the European Union, • A reference to the origin of the honey may be provided in addition to the name ‘honey’ e.g. honey obtained from the nectar of blossoms could be called ‘blossom honey’, • A reference to a regional, territorial or typographical name may be provided in addition to the name ‘honey’ provided the product originates entirely from the area indicated, • Where honey is in packages exceeding 10 kg and is not for retail sale the net weight and the name and address of the producer or packer, or of a seller within the Community may be shown on the commercial documents accompanying the product and • Honey must be properly labelled in the national language of the country where it is sold.

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8.5.3 Competent authority These Regulations are administered by Horticulture/State Bodies Division, Department of Agriculture, Food and Rural Development,Agriculture House, Kildare Street, Dublin 2. (Tel:01 6072822).

8.6 Spreadable fats

8.6.1 The legislation Council Regulation (EC) No. 2991/94 lays down the standards for spreadable fats such as milk fats, fats and fats composed of plant and/or animal products. As this is an European Regulation it is binding in its entirety and directly applicable in all Member States. Under the Regulation there are compulsory and non-compulsory labelling provisions.

8.6.2 Compulsory labelling requirements Only milk fats, fats and fats composed of plant and/or animal products adhering to the prescribed compositional requirements are covered by this Regulation. The spreadable fats must declare the following information in the labelling and presentation of the products:

• The sales description as appropriate: A. For milk fats depending on the percentage milk fat content by weight: ‘Butter’ – at least 80% but less than 90% milk fat ‘Three-quarter-fat butter’ – at least 60% but not more than 62% milk fat ‘Half-fat butter’ – at least 39% but not more than 41% milk fat ‘Dairy spread X%’ - either less than 39%, more than 41% but less than 60% or more than 62% but less than 80%. B. For fats obtained from vegetable and/or animal products depending on their percentage fat content by weight: ‘Margarine’ - at least 80% but less than 90% fat ‘Three-quarter-fat margarine’ - at least 60% but not more than 62% fat ‘Half-fat margarine’ - at least 39% but not more than 41% fat ‘Fat spread X%’ - either less than 39%, more than 41% but less than 60% or more than 62% but less than 80%. C. For fats obtained from a mixture of vegetable and/or animal products depending on their percentage fat content by weight: ‘Blend’ - at least 80% but less than 90% fat ‘Three-quarter-fat blend’ - at least 60% but not more than 62% fat ‘Half-fat blend’ - or at least 39% but not more than 41% fat ‘Blended spread X%’ - either less than 39%, more than 41% but less than 60% or more than 62% but less than 80%.

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• The total percentage of fat content by weight at the time of production • The percentage fat content by type (vegetable, milk or other animal fat) in decreasing order of weight, expressed as a percentage by total weight at the time of production • The percentage salt content in a particularly legible manner in the list of ingredients • The information provided on the label must be easy to understand and marked in a conspicuous place in such a way as to be easily visible, clearly legible and indelible.

8.6.3 Non-compulsory labelling requirements The following may be provided on the label in addition to the mandatory requirements: • The sales description may be used in conjunction with one or more terms to define the plant and/or animal species from which the product originates, or the intended use of the product or the production methods used, as long as these terms are not in contradiction with other Community provisions such as Protected Geographical Indication (PGI) (see section 3.5.1.2), • The term ‘vegetable’ may be used in addition to the sales description of fats in category B above, provided that the product contains only fat of vegetable origin with a tolerance of 2% of the fat content of animal fats, • The sales description ‘minarine’ or ‘halvarine’ may be used for half-fat margarine products, • The term ‘reduced fat’ may be used to replace the term ‘three-quarter-fat’ or used for products where the fat content is between 41% and 62% and • The term ‘low fat’ or ‘light’ may be used to replace the term ‘half-fat’ or used for products where the fat content is less than 41%.

8.6.4 Permitted designations for butter Commission Regulation (EC) No. 577/97 lays down certain detailed rules for the application of Council Regulation (EC) No. 2991/94 (see section 8.6.1 above) on standards for spreadable fats and Council Regulation (EEC) No. 1898/87 (see section 8.7.1 below) on the protection of designations used in the marketing of milk and milk products.

It is the intention of Commission Regulation (EC) No. 577/97 to avoid confusion in the mind of the consumer and to detail in a single text the permitted use of the designation ‘butter’.

8.6.4.1 Compulsory labelling requirements for the indication of the percentage fat The indication of the percentage of fat in a spreadable fat (as required under Regulation (EC) No. 2991/94 see section 8.6) must be such that: • the average fat content is declared without the use of decimals, • the fat content of an individual sample may not differ by more than one percentage point from the percentage declared,

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• all samples comply with the criteria as set out in Regulation (EC) No. 2991/94.The designation ‘butter’ may only be used for composite products (i.e. products made up of more than one ingredient) as per Regulation (EEC) No. 1898/87 (see section 8.7) if the end product contains at least 75% milk fat, • derogations to the sales descriptions for spreadable fats outlined in Regulation (EC) No. 2991/94 (see section 8.6.2) is permitted for traditional products or characteristic qualities, including the following English language terms: • Brandy butter, Sherry butter or Rum butter: for a sweetened alcoholic product with a minimum milk fat content of 20%. • Buttercream: for a sweetened product with a minimum milk fat content of 22.5%.

8.6.5 Competent authority These Regulations are administered by Milk Policy Division, Department of Agriculture, Food and Rural Development,Agriculture House, Kildare Street, Dublin 2 (Tel:01 6072853).

8.7 Milk and milk products

8.7.1 The legislation (protection of reserved names) European Communities Council Regulation (EEC) No. 1898/87 regulates the protection of designations used in the marketing of milk and milk products.This Regulation defines milk and milk products and designates reserved names exclusively for milk products.The intention of the Regulation is to detail the difference between milk products and other food products including those consisting partly of milk components.

8.7.2 Compulsory labelling requirements (protection of reserved names) Milk is defined as the normal mammary secretion obtained from one or more milkings.

The term ‘milk’ can only be used in marketing where: • Milk is treated provided it’s composition has not been altered or milk has undergone fat standardisation and • The term is used in association with words used to describe the milk in relation to it’s type, grade, origin and/or intended use or

to describe the physical treatment or the modification in composition to which it has been subjected, provided that the modification is restricted to an addition or removal of natural milk constituents.

Milk products are defined as products derived exclusively from milk. Substances necessary for their manufacture may be added, provided that the substances are not used for replacing any milk constituents in part or whole.

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The term ‘milk products’ is a reserved designation and may only used to describe the following: • The designations: whey, cream, butter, buttermilk, butteroil, caseins, anhydrous milkfat (AMF), cheese, yoghurt, kephir, and koumiss. • Designations or names used for milk products according to the Labelling Directive 2000/13/EC (see Appendix 1).

The term ‘milk’ and ‘milk products’ may also be used in association with other words to describe products that have milk as an ingredient or essential part of the product (either regarding it’s quantity or characteristics) and where the milk constituents are not replaced.

The origin of milk and milk products must be stated if it is not from a bovine source such as ‘goats milk’. Products other than milk and the reserved designations above may not claim, imply or suggest in the labelling, advertising or presentation of a product that it is a dairy product. However,in the case of a product containing milk or a milk product, the name ‘milk’ or the reserved designations above may only be used to describe the raw materials as would be listed in the list of ingredients.

8.7.3 The legislation (drinking milk) European Communities Council Regulation (EC) No. 2597/97 lays down additional rules on the common organisation of the market in milk and milk products for drinking milk. This Regulation ensures that milk products contain at least the natural protein content of milk and to permit enrichment of drinking milk with milk proteins, mineral salts or vitamins or the reduction of it’s lactose content. It also lays down requirements concerning the composition of drinking milk.

8.7.4 Compulsory labelling requirements (drinking milk) The following sales descriptions shall be used for drinking milk, which is intended for delivery to the consumer without further processing: • ‘Raw milk’ – milk that is not heated at above 40° C or treated otherwise but having an equivalent effect. • ‘Whole milk’ – heat treated milk which is either (a) fat standardised whole milk with a minimum 3.5% milk fat or (b) non fat standardised whole milk with a minimum 3.5% milk fat where the milk fat content has not been altered since the milking stage • ‘Semi-skimmed milk’ – heat treated milk with it’s fat content reduced to a minimum of 1.5% and a maximum 1.8%. • ‘Skimmed-milk’ – heat treated milk with a fat content reduced to a maximum of 0.5%.

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The following modifications to drinking milk are permitted: a) Modification of the natural fat content by the addition or removal of cream or the addition of whole, semi-skimmed or skimmed milk in order to meet the milk fat criteria set out above, b) Enrichment of the milk with milk proteins, mineral salts or vitamins and c) Reduction of the lactose content by conversion to glucose and galactose.

Modifications to drinking milk according to b) and c) are only permitted if the modification is indelibly indicated on the product packaging so it can be easily seen and read.

It should be noted that the provisions of Directive 90/496/EEC on nutrition labelling apply along with the provisions of the general labelling Directive 2000/13/EC, where milk or milk products are enriched and/or make a nutritional claim (see Chapter 4).

8.7.5 The legislation (raw milk, heat-treated milk and milk based products) Council Directive 92/46/EEC and it’s associated Directives lay down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products. European Communities (Hygienic Production and Placing on the Market of Raw Milk, Heat-Treated Milk and Milk- Based Products) Regulations, 1996 (S.I. No. 9 of 1996) gives force to the Directive in Ireland.

8.7.6 Compulsory labelling requirements (raw milk, heat-treated milk and milk based products) The Statutory Instrument contains provisions and the conditions governing health marking and labelling of the products covered by the Directive. All such products carry a health mark. Marking must be carried out during or immediately after manufacture.The marks must be legible, indelible and it’s characters easily distinguishable. The health marks may be applied to the product or to the wrapping if the product is individually wrapped or to a label affixed to the wrapping.

The health mark must give the following particulars within an oval surround: 1. Either the initial letters of the producer country in capitals (i.e. IRL for Irish products) followed by the approval number of the establishment at the top and at the bottom the term ‘EEC’ in capitals or the name of the producer country at the top, the approval number of the establishment in the centre and below this the term ‘EEC’ or The initial letters of the producer country at the top, in the centre a reference to where on the wrapping the approval number of the establishment is shown and below the term ‘EEC’ in capitals. 2. The health mark may be applied to the product, wrapping or packaging by an ink stamp or by branding or may be printed on the label. 3. The health mark may also consist of an irremovable plate of resistant material complying with all the hygiene requirements and bearing the information specified in point 1 above.

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In addition to the general labelling provisions of Directive 2000/13/EC (Chapter 3) the label must clearly show: • The words ‘made with raw milk’ for milk-based products manufactured from raw milk whose manufacturing process does not include any heat-treatment including thermization. • For other milk products the nature of any heat treatment applied at the end of the manufacturing process • For milk-based products in which growth of micro-organisms can occur, the use-by or minimum durability date.

8.7.7 Competent authority The implementation of these Regulations is the responsibility of the Milk Policy Division, Department of Agriculture, Food and Rural Development, Agriculture House, Kildare Street, Dublin 2 (Tel: 01 6072853).

8.8 Dehydrated preserved milk

8.8.1 The legislation European Communities Council Directive 76/118/EEC and it’s amendments set down the rules relating to partly or wholly dehydrated preserved milk for human consumption. It details compositional requirements for different types of dehydrated milk, the use of reserved descriptions, manufacturing specifications and the labelling of products.This Directive is due for replacement when certain procedural issues are resolved in the European Parliament.These rules are transposed into national legislation by the European Communities (Dehydrated Preserved Milk) Regulations, 1980 (S.I. No. 152 of 1980) and it’s amendments (S.I. No. 68 of 1987 and S.I. No. 167 of 1990).

8.8.2 Compulsory labelling requirements The Annex to the Directive 76/118/EEC lays down the reserved designations that can be used for preserved dehydrated milk products that comply with certain compositional standards. Preserved dehydrated milk is divided into two categories - partly or wholly dehydrated milk and only products meeting the requirements can be marketed under the following reserved designations:

Category 1 Partly dehydrated milk (a) Unsweetened condensed milk (b) Unsweetened condensed skimmed milk (c) Unsweetened condensed partly skimmed milk (d) Unsweetened condensed high-fat milk (e) Sweetened condensed milk (f) Sweetened condensed skimmed milk (g) Sweetened condensed partly skimmed milk

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Category 2 Wholly dehydrated milk (a) Dried whole milk or whole milk powder (b) Dried skimmed milk or skimmed milk powder (c) Dried partly skimmed milk or partly skimmed milk powder (d) Dried high fat milk or high fat milk powder

The following compulsory information must appear on the packages, containers or labels of partly or wholly dehydrated milk products (listed above) for sale to the ultimate consumer: • one of the reserved designations above such as ‘unsweetened condensed milk’ • the net quantity in mass and/or volume (in metric) • the percentage of milk fat expressed as a proportion of the finished product by weight (except for unsweetened and sweetened condensed skimmed milk and dried skimmed milk) and the percentage of milk solids non fat (i.e. fat free dried milk extract) for ‘Category 1 Partly dehydrated milk’ products • the method of dilution or reconstitution or the directions for use for ‘Category 1 Partly dehydrated milk’ products that are for retail sale • the method of dilution or reconstitution and a declaration of the fat content of the product when diluted or reconstituted for ‘Category 2 Wholly dehydrated milk’ products that are for retail sale (except for dried skimmed milk) • additional details regarding the dehydration process for ‘Category 2’ products • the word’s ‘UHT’ or ‘ultra heat treated’ where products are obtained as a result of this treatment and packaged aseptically for unsweetened condensed milk products (category 1(a) to (d)) • the name and address or registered office of the manufacturer or packer, or seller in the European Union and • the words ‘instant’ for certain ‘Category 2’ products where there is a reference to their instant solubility.

This information must be conspicuous, clearly legible and indelible.The following details must appear on one of the main surfaces of the packaging in the same field of vision: • The reserved designation • The net weight • The percentage of milk fat and milk solids non fat where declared • Particulars regarding the dehydration process where declared and • The term ‘instant’ if used.

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The labelling of milk products not intended for the final consumer that are greater than 20 kg in weight, may provide all the particulars above on accompanying commercial or trade documents except for: - the reserved designation and - the name and address of the manufacturer or packer, or seller in the European Union.

For products weighing less than 20 kg that are packaged in an outer package, the mandatory particulars above need only appear on the outer package (except for the reserved designation and the name and address of manufacturer or packer, or seller in the EU) (see below the reserved names ‘instant’ and ‘dried skimmed milk’).

MAKES 2 PINTS INSTANT DRIED SKIMMED MILK WITH NON MILK FAT. FORTIFIED WITH VITAMINS

8.8.3 Non-compulsory labelling requirements The reserved designation ‘evaporated milk’ is authorised for use in Ireland and the UK for products meeting certain compositional criteria. Certain other designations are permitted in other Member States such as ‘panna da caffe’ in Italy to denote unsweetened condensed high-fat milk.

Member States may also authorise the use of additional additives in wholly dehydrated milk for vending machines if they are clearly labelled.

8.8.4 Competent authority These Regulations are the responsibility of Milk Policy Division, Department of Agriculture, Food and Rural Development,Agriculture House, Kildare Street, Dublin 2. (Tel:01 6072853).

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8.9 Sugars

8.9.1 The legislation European Communities Council Directive 73/473/EEC and Commission Directive 79/796/EEC regulate sugars intended for human consumption. Specifically, it defines several different types of sugars, details their composition characteristics and sets down rules for their labelling and packaging. These Directives are implemented nationally by the Food Standards (Certain Sugars)(European Communities) Regulations, 1975 (S.I. No. 118 of 1975) and Food Standards (Certain Sugars)(European Communities) Regulations, 1981 (S.I. No. 412 of 1981).

A new Directive has been drawn up relating to certain sugars intended for human consumption. Council Directive 2001/111/EC comes into force on 12th July 2003 and will repeal Directive 73/473/EEC.

8.9.2 Compulsory labelling requirements: These labelling requirements apply to the products as defined in the Directive such as: semi-white sugar, sugar or white sugar, extra white sugar, sugar solution, invert sugar solution, invert sugar syrup, glucose syrup, dried glucose syrup, dextrose or dextrose monohydrate, dextrose or dextrose anhydrous and fructose.These provisions however,do not apply when the products take the form of icing sugars, candy sugars or sugars in loaf form.

The following information must appear on the label: • The product name • The net weight except for pre-packaged products weighing less than 20g. • The dry matter and invert sugar content of sugar solution and invert sugar syrup. • The qualifying term ‘crystallised’ for invert sugar syrup incorporating crystals in the solution. • Where glucose syrup or dried glucose syrup contain fructose in proportions greater than 5% on a dry matter basis, they shall, in respect of their product name and as ingredients, be labelled as ‘glucose-fructose syrup’ or ‘fructose-glucose syrup’ and ‘dried glucose-fructose syrup’ or ‘dried fructose-glucose syrup’, respectively, to reflect whether the glucose component or the fructose component is in greater proportion.

8.9.3 Non-compulsory labelling requirements The products defined in the Directive may, in addition to the compulsory product name, also bear qualifying terms commonly used in the various Member States.

8.9.4 Competent authority These Regulations are the responsibility of the Tillage and Plant Health Division, Department of Agriculture, Food and Rural Development,Agriculture House, Kildare Street, Dublin 2. (Tel:01 6072874).

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8.10 Quick frozen foods Products cannot be marketed as ‘quick-frozen’ unless they comply with the definition above. 8.10.1 The legislation This Directive does not apply to ice-cream and Council Directive 89/108/EC as transposed into other edible ices. Irish law by the European Communities (Quick Frozen Foodstuffs) Regulations, 1992 (S.I. No. 8.10.2 Specific requirements for quick 290 of 1992) regulates quick frozen foodstuffs. frozen foods The following must appear on the label of Quick freezing is a rapid freezing process quick-frozen foods intended to supply without designed to preserve the characteristics of further processing to the consumer, foodstuffs by ensuring a temperature of –18°C restaurants, hotels, mass caterers, etc. or lower is reached at all points of the product. • The term ‘quick-frozen’ added to the At this temperature all microbiological activity sales name likely to impair the quality of a foodstuff is • The date of minimum durability (defined suspended. However,it is necessary to maintain as the period during which quick-frozen at least that temperature during the storage products may be stored by the and distribution of the quick-frozen foodstuffs purchaser), the storage temperature until sale to the ultimate consumer. Certain and/or the type of storage equipment temperature increases are inevitable and may required be tolerated provided the tolerances do not • A reference number or an equivalent exceed 3°C and provided they do not harm mark in order to the identify a batch the quality of the products. Air, nitrogen and • A clear declaration ‘do not refreeze after carbon dioxide are the only cryogenic defrosting’. (freezing) media permitted. Quick frozen foodstuffs intended for supply According to the Directive ‘quick-frozen to the ultimate consumer must be packed by foodstuffs’ are defined as foodstuffs: the manufacturer or packer in suitable pre- • which have undergone a freezing process packaging which protects them from known as ‘quick-freezing’, whereby the microbial or other external contamination zone of maximum crystalisation is crossed and against drying. as rapidly as possible depending on the type of product, and where the resultant Less restrictive requirements apply where the temperature of the product (after thermal product is not intended for sale to the final stabilisation) is continuously maintained at consumer, restaurants, hospitals, canteens and –18°C or lower at all points and other similar mass caterers.The following shall • which are marketed in such a way as to appear on the label, packaging, container or indicate that they possess this wrapping of the products not intended for sale characteristic (such as ‘quick-frozen’). to the ultimate consumer or mass caterer:

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• The term ‘quick-frozen’ added to the 2001/113/EC comes into force on 12th July sales name, 2003 and will repeal Directive 79/693/EEC. • The net quantity in units of mass, • A reference number or an equivalent 8.11.2 Specific labelling requirements mark in order to identify a batch, Products cannot be marketed as ‘jam’ ‘jelly’ • The name or business name and address ‘marmalade’ ‘extra jam’ ‘extra jelly’ or ‘chestnut of the manufacturer, packager or seller purée’ unless they comply with the definitions established within the European Union. for these products as set out in the Directive. However,this does not affect the provisions by 8.10.3 Competent authority which the names ‘jelly’ may be used in Three different departments enforce these accordance with custom, provided it cannot be Regulations in various parts. Veterinary confused with ‘jelly’ as defined in the Directive. inspectors or other officers that are authorised by the Minister of Agriculture and The name under which a product is sold must Food and Rural Development or Local be ‘jam’, ‘jelly’, ‘marmalade’, ‘extra jam’, ‘extra Authority, Environmental Health Officers jelly’, or ‘chestnut purée’.The designated name authorised by the Minister of Health and shall be provided on the label in addition to: Children and officers of the Director of • an indication of the type of fruit or fruits Consumer Affairs or other officers used in descending order by weight of authorised by the Department of Enterprise, the raw material. Trade and Employment. However, where three or more types of fruit 8.11 Jams, jellies, marmalades and are used sweetened chestnut purée • the words ‘mixed fruit’ (or an indication of the number of different types of fruits 8.11.1 The legislation in the product) can be used to replace Council Directive 79/693/EEC (as amended by the indication of the types of fruit and Council Directive 88/593/EEC) relating to fruit • an indication of permitted additional jams, jellies and marmalades and chestnut purée ingredients as listed in Annex III of the was transposed into Irish law under European Directive where these are added Communities (Fruit Jams, Jellies and Marmalades e.g.spirits, wine, walnuts, honey, herbs etc. and Chestnut Purée) Regulations, 1982 (S.I. No. 250 of 1982) and 1991(S.I. No. 319 of 1991). The labelling should also contain the following declarations: A new Directive relating to fruit jams, jellies a) The words ‘prepared with Xg of fruit per and marmalades and sweetened chestnut 100g’, where the figure shown represents purée intended for human consumption has the quantities of fruit per 100g of been drawn up. Council Directive finished product.

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b) The words ‘total sugar content: Xg per (according to the percentage by weight 100g’, where the figure shown represents of the residue in the finished product) the value determined by refractometer the words ‘sulphur dioxide’ shall appear at 20°C for the finished product. in the list of ingredients. c) For products with a dry matter (sugar) content of less than 63% the words ‘keep 8.11.3 Competent authority in a cool place once opened’.This These Regulations are the responsibility of indication is not required however for Food Division, Department of Agriculture, products in small containers where the Food and Rural Development, Agriculture contents are normally consumed at one House, Kildare Street, Dublin 2. (Tel: time and for products to which 01 6072841). preservatives have been added. d) For marmalades containing peel, an 8.12 Natural mineral waters indication of the style of cut of that peel must be declared (such as ‘coarse cut’) 8.12.1 The legislation and European Communities Council Directive e) For marmalade not containing peel, an 80/777/EEC as amended by Council Directive indication of the absence of peel. 96/70/EC regulates the exploitation and The above indications must appear in the marketing of natural mineral waters. European same field of vision as the name of the Communities (Natural Mineral Waters) foodstuff, the date of minimum durability and Regulations, 1986 (S.I. No. 11 of 1986) and the net quantity. European Communities (Natural Mineral Waters) (Amendment) Regulations, 1998 (S.I. Some additional labelling requirements: No. 461 of 1998) implement the Directives • Where apricots that are intended for the into national legislation.These rules specifically manufacture of jam have been dried by a define a natural mineral water and set down process other than freeze-drying, the compositional criteria, microbiological words ‘dried apricots’ shall appear in the standards, trade requirements and provisions list of ingredients. for the labelling and treatment of natural • Where red beetroot juice has been mineral waters and spring waters. It also lays added to jams or jellies made from one down specific names of certain mineral waters or more of the following: strawberries, depending on their composition, microbial raspberries, gooseberries, redcurrants or standards as well as their level of treatment. plums, the words ‘red beetroot juice to reinforce the colour’ shall appear in the A natural mineral water may only be list of ingredients. exploited subject to permission from the • Where the residual sulphur dioxide responsible authority of the country where content is greater than 30 mg/kg the water has been extracted. In Ireland the

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responsible authority is the National • Natural mineral waters used at source Standards Authority of Ireland (NSAI). The for curative purposes in thermal or NSAI has produced a standard on bottled hydromineral establishments or water ‘I.S. 432:1992’ to assure the safety of • Natural mineral waters for export to bottled water in Ireland. This is a voluntary countries outside the European Union. code, which details requirements from the construction of a well to the labelling and 8.12.2 General labelling and packaging packaging of bottled water. requirements for natural mineral waters The provision of an indication of the country of Under the Directive, a natural mineral water origin under the general labelling rules (see is defined as a ‘microbiologically wholesome section 3.5.8) does not apply to natural mineral water originating in an underground water waters that are produced nationally or imported table or deposit and emerging from a spring from another Member State into Ireland. tapped at one or more natural bore exits’. It is clearly distinguished from ordinary drinking The packaging or container of a natural water by its nature as a result of it’s mineral mineral water must be fitted with closures content, it’s constituents and it’s original designed to avoid adulteration and state. Natural mineral waters must not be contamination.The labelling and packaging of a subjected to any treatment or addition, natural mineral water must be in at least although there are some exemptions such as English (see section 3.4). the introduction of carbon dioxide under special conditions. 8.12.3 Specific labelling and packaging requirements for natural The natural mineral water rules apply to water mineral waters extracted from the ground in any Member The label of a natural mineral water must state State of the EU as well as to 3rd country the following: imports. A list of all approved natural mineral (i) A sales description waters is published in the Official Journal of The label must state one of the following the European Communities. sales descriptions: • ‘natural mineral water’ (see section The natural mineral water rules do not effect 8.12.1) the use of natural mineral waters and spring • ‘naturally carbonated natural mineral waters in the manufacture of soft drinks. The water’ i.e. any water whose carbon rules also do not apply to: dioxide content is the same from • Waters which are medicinal products the spring after decanting and (according to Directive 65/65/EC which bottling as it is at source are regulated by the Irish Medicines • ‘natural mineral water fortified with Board see section 5.2.2) gas from the spring’ i.e. any water

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whose carbon dioxide content from • may cause confusion to consumers where the spring after decanting and bottling ‘bottled drinking water’ not meeting the is greater than that at source and natural mineral water criteria in the • ‘carbonated natural mineral water’ i.e. Directive are packaged in containers any water to which carbon dioxide similar to ‘natural mineral waters’. has been added other than the spring from which the water comes. 8.12.4 Specific labelling and packaging (ii) A statement of the analytical requirements for spring waters composition detailing the characteristic The term spring water is reserved for water constituents of the natural mineral water that is intended for human consumption in its (iii) The place where the spring is exploited natural state and bottled at source. It must and the name of the spring. adhere to certain conditions of exploitation, The place where the natural mineral microbiological requirements, as well as the water spring is exploited or the name of labelling provisions detailed below (according the locality may appear in the trade to Directives 80/777/EEC and 96/70/EC). description provided this does not However, spring waters must also comply mislead the consumer with regard to the with the provisions of Directive 80/778/EC location of the spring. relating to the quality of water intended for Where the trade description is different human consumption. from the name of the spring or its place of exploitation, the name of the spring Labels of spring water must detail the on the label or anywhere during its following: advertisement must be one and half (i) The place where the spring is exploited times the height and width of the letters and the name of the spring. of the trade description. The place where the spring is exploited (iv) Details of certain permitted treatments or the name of the locality may appear in undergone. the trade description provided this does not mislead the consumer with regard to It is not permitted for labels, packaging or the location of the spring. advertising to use designations, proprietary Where the trade description is different names, trade marks, brand names, illustrations from the name of the spring or its place etc. which: of exploitation, the name of the spring • suggest the natural mineral water has on the label or anywhere during its characteristics which the water does not advertisement must be one and half possess, especially regarding its origin, times the height and width of the letters date of authorisation of exploitation, of the trade description. results of analysis, guarantees of (ii) Details of certain permitted treatments authenticity or undergone.

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It is prohibited to market more than one spring However, a new amendment on the marketing water (or natural mineral water) from the same standards for eggs has come into force since source under a different trade description. January 2001. Council Regulation (EC) No. 5/2001 amends again Council Regulation 8.12.5 Competent authority (EEC) No. 1907/90. This new amendment Enforcement of the natural mineral water primarily lays down provisions for the Regulations is by officers authorised by the indication of the farming method and the Minister for Health and Children and officers of origin of the eggs to be declared. It also the health boards as authorised by the C.E.O. contains requirements for the classification of eggs to be simplified by amalgamating the 8.13 Hens eggs current Classes B and C (intended for industry) into a new Class B, the sale of which 8.13.1 The legislation is exclusively for processing purposes. Council Regulation (EEC) No. 1907/90 regulates the marketing standards for ‘eggs for Council Regulation (EC) No. 5/2001 on the the table’ that are suitable for human whole will apply from 1st January 2004 and it is consumption. Specifically Regulation (EC) No. prohibited to market products, which do not 1907/90 and its amendments set out standards conform to these rules after this date. However, that should be applied to hens eggs such as some provisions of this new Regulation, criteria for the grading by quality and weight of including some labelling requirements, have eggs, packaging, transport, presentation and taken effect since 1st July 2001. Section 8.13.2 marking of eggs. below outlines the current labelling provisions including the requirements of the new This Directive has been amended on numerous Regulation which applied from the 1st July 2001. occasions but the amendments of most interest Section 8.13.3 details the provisions that apply regarding its labelling provisions, are Council from 1st January 2004. Regulation (EEC) No. 2617/93, Commission Regulations (EEC) No. 1274/91, 2221/92, 8.13.2 Current labelling rules for eggs 3300/93, 1511/96 and Council Decision (from 1st July 2001) 94/371/EC. Regulation (EEC) No. 1907/90 and Eggs are graded by quality and weight into the its amendments are implemented into national following categories according to the rules under the European Communities specifications laid down in the rules above: (Marketing Standards for Eggs) Regulations,1992 • Class A or ‘fresh eggs’ either very large, (S.I. No. 254 of 1992).The labelling requirements large, medium or small for table eggs under these rules are very • Class B or ‘second quality or preserved comprehensive. However, for a more detailed eggs’ and account of all the labelling provisions for table • Class C or ‘down-graded eggs intended eggs it is advisable to read all the rules. for the food industry’.

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Note: ‘Class’ refers to the quality grading 8.13.2.2 Non-compulsory labelling whereas ‘Grade’ refers to the weight grading requirements on egg packs of the egg. Egg packs may contain the following additional information on either the inner or outer 8.13.2.1 Compulsory labelling surfaces: requirements on egg packs • the selling price, the stock control codes, Egg packs (whether small or large) must one or more further dates aimed at declare the following information on the providing the consumer with additional outside of the pack in clearly visible and information provided the consumer is legible type: not misled, special storage conditions • the name, address and distinguishing and sales promotion symbols or number of the egg packer, statements, • the quality and weight grading of the • ‘extra’ or ‘extra fresh’ for Grade A eggs eggs as appropriate i.e. Grade A, B or C. under certain conditions, In addition Grade A eggs may declare • one or more of the following: the either ‘Grade A’ or ‘A’ on the pack with recommended sell-by date (or packing or without the term ‘fresh’. Grade A eggs date) or the laying date on the packs must also declare one of the following or eggs. letters or respective term on the packs The date should be expressed as the day to indicate the size of the eggs – ‘XL’ or followed by the month in numerical ‘very large eggs’;‘L’ or ‘large eggs’;‘M’ or form.The recommended sell-by date is ‘medium eggs’ and ‘S’ or ‘small eggs’, the last date at which eggs should be • the best-before date for Grade A eggs offered for sale (21 days after the laying and the packing date for Grade B and C date) after which remains a storage eggs. period of seven days in the home or The date should be expressed as the day hotel, etc.The best-before date is the followed by the month in numerical end of the storage period. form. For example, eggs with a best- • Further dates and indications concerning before or packing date of the 22nd June the farming method (such as ‘free range’ should read ‘22/06’ or similar.The date or ‘cage production’) and the origin of should be followed by storage the eggs may be used under certain recommendations, conditions and • the number of eggs in the pack, • an indication of how laying hens are fed • advice to consumers to keep eggs (such as ‘grain fed’). refrigerated after purchase and • details as to prior refrigeration or preservation methods if appropriate for Grade B and C eggs.

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8.13.2.3 Compulsory labelling These rules do not apply to certain categories requirements on eggs of sales such as For Grade B and C eggs the following must - eggs sold directly to the consumer appear on the egg itself: from the producers farm • A distinguishing mark showing the quality - door-to-door or local market sales by grading of the eggs i.e. Grade B or Grade C. producers selling their own produce or - the sale of industrial eggs (i.e. eggs that 8.13.2.4 Non-compulsory labelling are not for human consumption or for requirements on eggs the food industry but for use in the non One or more of the following distinguishing food industry). marks may be stamped on Class A eggs: • the best before date, There are additional labelling requirements to • one or more further dates aimed at those detailed above for the following: providing the consumer with additional - Eggs imported from third countries information, - Regraded eggs • the quality grading, - Repacked eggs • the weight grading, - Eggs supplying the food industry and • the packing centre number, not for consumer purchase. • the name or business name of the packing centre, 8.13.3 Labelling provisions applicable • the trade name or trade mark of the from 1st January 2004 packing centre, The following compulsory declarations on egg • an indication of the origin of the eggs, packs and eggs come into force from 1st • particulars of how laying hens are fed. January 2004 and replace either in part or whole parts of sections 8.13.2 on the current 8.13.2.5 Additional labelling labelling rules as follows: requirements All information on packs or eggs must be in From this date there will be only two classes English or both English and Irish.The marking of eggs: on eggs must be an indelible colour resistant • Class A or ‘fresh eggs’ and to boiling as regulated by Commission • Class B or ‘second quality or Regulation (EEC) No. 1274/91 on certain downgraded eggs intended for food marketing standards for eggs.The colours used industry undertakings (as approved) and for the stamping on eggshells must be those the non-food industry’ such as eggs for colours permitted for use as regulated by pasteurisation. European Communities (Additives, Colours and Sweeteners in Foodstuffs) Regulations, 2000 (S.I. No.437 of 2000).

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8.13.3.1 Compulsory labelling requirements for egg packs This section amends the compulsory rules for the labelling of egg packs (section 8.13.2.1) as follows: • the best-before date/packing date and particulars for refrigeration should be removed and replaced with: • for class A eggs the best-before date and any storage recommendations must be declared and for class B eggs the packing date must be declared and • for class B eggs particulars regarding refrigeration or methods or preservation must be indicated and • the farming method for class A eggs must be included in the list of labelling provisions such as free range or caged production.

8.13.3.2 Compulsory labelling requirements for eggs Class A Eggs The following is a new provision that must be declared on all Class A eggs: • The producers designated code and • an indication of the farming method e.g. free range (In certain circumstances 3rd country imports may also have to indicate this information).

Class B Eggs The following provision amends the mandatory requirements for Class B eggs (section 8.13.2.3) as follows: • Class B eggs (except for cracked eggs) must declare its quality grading. In addition they may also declare any of the non-compulsory labelling provisions on eggs (section 8.13.2.4) and the compulsory requirements for class A eggs (section 8.13.3.2 above).

Class A eggs which no longer have the characteristics fixed for that grade must be downgraded to Class B and must be labelled according to the specifications for that class i.e. they must at least declare their grade. However, any markings that may have been used previously on the now downgraded Class A egg (i.e. any compulsory or non-compulsory labelling requirements) may be retained except for the weight grading which should be altered as appropriate. However downgraded eggs that are delivered directly to the food or non-food industries don’t have to indicate anything provided their packs are clearly marked to show the destination.

There are additional requirements for third country imports such as the requirement to include the farming method for Class A eggs on their packs or where this is unknown or cannot be proved to state ‘farming method not specified’.

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8.13.4 Competent authority These Regulations are the responsibility of Pigmeat/Eggs & Poultry/Meat Hygiene Division, Department of Agriculture, Food and Rural Development, Agriculture House, Kildare Street, Dublin 2. (Tel: 01 6072832).

8.14 Wines

8.14.1 The legislation Council Regulation (EC) No. 1493/1999 regulates the marketing of wine. The Regulation contains eight Annexes detailing exactly how wine should be produced and marketed: Annex I defines product names such as wine, table wine, liqueur wine, Annex II defines alcoholic strengths such as ‘actual’,‘potential’, ‘total’ and ‘natural’ alcoholic strength, Annex III details approved wine-growing zones, such as the wine-growing zone C II in Spain that covers vines in the provinces of La Rioja and in Italy the region of Liguria, Annex IV lists authorised oenological processes and practices, such as acidification, and sweetening for the purpose of ensuring the proper refinement of the product, Annex V sets limits and conditions for certain oenological practices, such as a total sulphur dioxide content of 160 mg and 210 mg for red and white wine respectively (with exceptions), Annex VI details provisions for quality wines produced from specified regions,* Annex VII details the description, designation, presentation and protection of certain products other than sparkling wine and Annex VIII details the description, designation, presentation and protection of sparkling wine.

Specifically, Title V, Chapter II and Annex VII and VIII of the Regulation set out the rules for the description, designation and presentation of wine including some labelling requirements. These rules also cover terms, which are compulsory, subject to certain conditions and other optional expressions that may be used to impart information likely to be of use to consumers also under certain conditions.

*The Regulation defines various types of wine such as wine, table wine, sparkling wine, semi-sparkling wine, liqueur wine and quality wines produced in specified regions.The two main categories of wine are however ‘quality wines produced in specified regions’ and ‘table wines’. Quality wines produced in specified regions are known as “quality wines psr” which are wines that comply with certain criteria and come from certain areas. Only certain products are suitable for yielding a quality wine psr and a number of production rules must be respected. Each Member State must notify the European Commission of quality wines psr in their area.The list of quality wines psr is published in the Official Journal of the European Union.‘Table wines’ are generally wines other than quality wines psr where certain conditions such as vine varieties and alcoholic strength are met.

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The requirements relating to the description, designation, presentation and protection of wine as set out in Council Regulation (EC) No. 1493/1999 are very detailed.The following is a summary of the main provisions however, the Regulation should be read in conjunction with this section for a full list of the labelling and presentation requirements.

8.14.2 Compulsory provisions for the presentation of wine

8.14.2.1 Labelling requirements The following mandatory information must appear on the label: • the sales designation of the product such as ‘liqueur wine’ or the name of the product as defined in the Regulation, • the nominal (average) volume, • the actual alcoholic strength by volume i.e. the number of volumes of pure alcohol contained at a temperature of 20°C in 100 volumes of the product at that temperature, • the lot number (see section 9.1 on the identification of foodstuffs lot), • the type of product for sparkling wines only.The type of product is determined by the sugar content and the appropriate declaration must be provided such as ‘extra brut’,‘brut’,‘dry’, ‘medium dry’,‘mild’ etc., • the name or business name and address of the producer or seller in the European Community for sparkling wines.

8.14.2.2 Sales description The sales description must also be provided on the label for the various types of wine as follows: A. Table wines • the words ‘table wine’, • the country of origin, or where the wine is a mixture of products from a number of Member States, the declaration ‘mixture of wines from different countries of the European Community’ or where wine is produced in one Member State from grapes harvested in another, the declaration ‘wine obtained in…….from grapes harvested in….’, • the words ‘retsina’ and ‘vino tinto de mezcla’ for wines produced in specific areas in Greece. B. Table wines with geographical indications (see also section 3.5.1.2) • the words ‘table wine’, • the name of the geographical unit such as the locality or wine growing region, • under certain conditions the term ‘regional wine’, in which case the words ‘table wine’ will not be required.

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C. Quality wines psr • the production area or specified region of origin, • the words ‘quality wine produced in a specified region’ or ‘quality liqueur wine psr’ or ‘quality semi-sparkling wine psr’ as appropriate. D. Imported Wine • the word ‘wine’ must be provided in addition to the name of the country of origin or in addition to the name of the geographical area if the wine is designated with a geographical indication. E. Other wines • The names ‘liqueur wine’,‘semi-sparkling wine’ or ‘aerated semi-sparkling wine’ as appropriate.

These compulsory particulars must be • grouped together in the same visual field on the container, • presented in easily readable, indelible characters and clearly distinguishable from all other (written and graphic) content of the labelling.

All information on the label must be given in one or more of the official languages of the Community so that the final consumer can easily understand the items on the label.

8.14.3 Non-compulsory labelling of wine Table wines, table wines with geographical indication and quality wines psr may declare the following on the label in addition to the mandatory provisions above (section 8.14.2): • the names, titles and addresses of the persons that took part in the marketing, • the type of product (see section 8.14.2.1 on sparkling wines) and • a particular colour in accordance with the rules laid down by the Member State of production.

Table wines with geographical indications and quality wines psr may also declare: • the vintage year, • the name of one or more vine varieties, • an award, medal or competitive achievement, • indications concerning the means used to obtain the product or methods used in its manufacture, • other traditional terms in accordance with the provisions laid down by the Member State of production, • the name of a vineyard, • a term indicating where the wine was bottled such as on the estate or by a group of vineyards.

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8.14.4 Competent authority These Regulations are administered by Food Division, Department of Agriculture, Food and Rural Development,Agriculture House, Kildare Street, Dublin 2 (Tel:01 6072841).

8.15 Spirit drinks

8.15.1 The legislation Council Regulation (EC) No. 1576/89 lays down the general rules on the definition, description and presentation of spirit drinks and detailed rules are contained in Commission Regulation (EC) No. 1014/90. Spirit drinks are defined as alcoholic liquids intended for human consumption, which have particular organoleptic qualities and, have (with the exception of advocaat and two ‘Barenfang’ products) a minimum alcoholic strength of 15% vol.

This legislation is implemented by the European Communities (Definition, Description and Presentation of Spirit Drinks) Regulations, 1995 (S.I. No. 300 of 1995) and its amendments (S.I. 60 of 1996 and S.I. No. 7 of 1998).These rules set out the production, composition and minimum alcoholic strengths for each product covered by the legislation and their labelling requirements.

The Irish Whiskey Act 1980 (No 33 of 1980) defines the production and labelling requirements of Irish whiskey and blended Irish whiskey.

8.15.2 Compulsory labelling requirements The following mandatory information must appear on the label of a spirit drink: • the reserved name of the spirit drink such as whiskey, brandy, gin, vodka, etc. Only products complying with the specific definitions and requirements as defined in the legislation have the exclusive use of the reserved name such as Irish Whiskey or Irish Whisky. Spirit drinks that do not meet the specific requirements of the reserved names (whiskey, brandy etc.) may only be described as ‘spirit drinks’ or ‘spirits’, • the ‘protected’ geographical designation reserved exclusively for spirit drinks may supplement or replace the ‘reserved’ names provided they were produced in the geographical area indicated. For example, the geographical designation ‘Irish Cream’ may appear on its own or accompanied by its reserved name ‘liqueur’. (The list of the protected geographical designations for spirit drinks are contained in Council Regulation (EC) No. 1576/89 as amended), • geographical indications other than those which are protected may supplement the ‘reserved’ names provided they do not mislead consumers such as Irish vodka, • the minimum alcoholic strength by volume as prescribed for each product such as Whiskey 40%, • a reference to the place of manufacture and/or origin and/or source of the spirit drink for certain spirit drinks.

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8.15.3 Non-compulsory labelling requirements One or more of the following labelling requirements may be provided in addition to the declarations above: • where the labelling indicates the raw material used to produce the ethyl alcohol of agricultural origin, each agricultural alcohol used must be mentioned in descending order of quantity used, • the term ‘blend’ name may be provided in addition to the name of the spirit drink where the product has undergone blending and • the maturation period may be specified only where it refers to the youngest alcoholic component and provided that the product was aged under supervision.

8.15.4 Competent authority These Regulations are administered by Food Division, Department of Agriculture, Food and Rural Development,Agriculture House, Kildare Street, Dublin 2 (Tel:01 6072841).

8.16 Olive oil (marketing standards-designations of origin)

8.16.1 The legislation Council Regulation (EEC) No. 136/66 and its numerous amendments regulate the marketing of oils and fats. Commission Regulation (EC) No. 2815/98 and its amendments set the rules concerning the marketing standards for olive oil.

8.16.2 Temporary non-compulsory labelling requirements Council Regulation (EEC) No. 136/66 lays down definitions and descriptions of olive oil such as virgin olive oil, extra virgin olive oil, refined olive oil and pure olive oil. Commission Regulation (EC) No. 2815/98 makes it optional for a manufacturer or packager to designate the origin of certain olive oils on their packaging or labelling where they are for sale to the ultimate consumer.This was necessary in order to take account of differences in local extraction and blending practices producing edible virgin olive oils with different tastes and quality depending on their geographical origin. The designation of the origin of ‘extra virgin olive oil’ and ‘virgin olive oil’ only is permitted on packaging or the labels but the designation of the origin of other olive oils or olive-residue oils is not authorised.

The designation of origin of (extra) virgin olive oil is the geographical area where the oil was obtained. However, in order to be permitted for use the name of the geographical area must be registered as a protected designation of origin (PDO) or protected geographical indication (PDI) according to Council Regulation 2081/92/EEC (see section 3.5.1.2).Appendix 9 lists the registered PDO’s and PDI’s for all foodstuffs including the designations of origins for registered olive oils such as ‘Laghi Lombardi’ (a PDO) in Spain.The designation of origin must be indicated on the packaging or label of the olive oil in a way that can be easily understood by the final consumer.

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The designation of origin is the geographical area where the ‘extra virgin olive oil’ or the ‘virgin olive oil’ was obtained i.e. the area where oil has been extracted from olives in a mill within a particular area. However, for blends of ‘extra virgin olive oil’ and ‘virgin olive oil’ where more than 75% of one of the oils originates in one Member State, the main origin may be designated as follows ‘selection of (extra) virgin oils more than X% of which was obtained in …….(the designation of origin)’.

This is an optional and provisional system applying within the EU until 31st October 2001.After this date a compulsory system requiring the designation of origin will be put in place following completion of work on an olive oil quality strategy which itself must be completed by 31st October 2001.The olive oil quality strategy is currently examining a system for the tracing and checking of all quantities of olive oil in circulation and the classification of these oils.

Operators packaging ‘extra virgin olive oil’ or ‘virgin olive oil’ with designated origins must be approved in the Member State where this operation takes place and only if the designations of origin are authorised in accordance with the provisions of Regulation (EC) No. 2815/98/ for olive oils as above. The packaging or label shall bear the alphanumeric identification of the approved packaging plant.

8.16.3 Competent authority These Regulations are the responsibility of Tillage and Plant Health Division,Department of Agriculture, Food and Rural Development,Agriculture House, Kildare Street, Dublin 2. (Tel:01 6072852).

8.17 Fishery and aquaculture products

8.17.1 The legislation Council Regulation (EC) No. 104/2000 regulates the common organisation of the markets in fishery and aquaculture products. Commission Regulation (EC) No. 2065/2001 lays down the rules for the application of Council Regulation (EC) No. 104/2000 as regards informing consumers about fishery and aquaculture products.

These Regulations are directly applicable in Ireland from 1st January 2002. National Regulations to impose penalties and give enforcement powers to particular authorities for the implementation of these EU Regulations are currently being drafted and are likely to be published in 2002.

A guidance document to these Regulations entitled ‘The Labelling of Fishery and Aquaculture Products according to Council Regulation (EC) No. 104/2000 and Commission Regulation (EC) No. 2065/2001’ was drawn up in 2002 by the Food Safety Authority of Ireland in conjunction with the Department of the Marine and Natural Resources and Bord Iascaigh Mhara. The guide, which specifically details the labelling and packaging requirements for fishery and aquaculture products and the traceability of such products, should be consulted for a more detailed guide to the legislation.

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There is a minimum amount of information that must be provided on the label where fishery products are sold at retail level to consumers. In addition, for the purposes of traceability this information must be included on the commercial documents for the fishery products thoughout the marketing chain, such as during processing, at wholesale level and for use by mass caterers.

8.17.2 Specific labelling requirements The labelling provisions detailed below must be provided for the following categories or fishery and aquaculture products: a) Live fish b) Fish (fresh, chilled or frozen) c) Fish fillets and other fish meat (fresh, chilled or frozen and whether or not minced) d) Preserved fish (dried, salted, in brine or smoked whether or not cooked before or during the smoking process) e) Crustaceans (with or without shell, live, fresh, chilled, frozen, dried, salted, in brine or cooked by steaming or boiling) f) Molluscs (with or without shell, live, fresh, chilled, frozen, dried, salted or in brine).

Fishery and aquaculture products in categories a) to f) above which are offered for retail sale to the final consumer must indicate on the label: 1) The commercial designation of the species of fish (see section 8.17.2.1), 2) The production method, whether farmed or caught at sea or in freshwater (see section 8.17.2.2) and 3) The catch area (see section 8.17.2.3).

These requirements apply only to products for ‘retail sale to the final consumer’. In other words these rules apply to products which are sold at retail level whether they are pre-packaged or sold loose over the counter.Where the products are sold loose, this information could be stated clearly on a notice or sign near the food.

These provisions do not apply to fishery products sold by mass caterers such as in restaurants and takeaways. However, this information must be passed throughout the marketing chain i.e. from producer, to processor, wholesaler and caterer, either on the labelling or packaging of the product or on the commercial documents accompanying the food.

These requirements do not apply to small quantities of fishery products sold directly to consumers by either fishermen or producers, provided these products do not exceed the value of €20 for each purchase.The source of these small quantities may only be the sellers own business.

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Products not covered by these labelling requirements are all other fishery products not listed in a) to f) above i.e. fishery products which have somehow been processed, prepared or cooked or to which other ingredients have been added e.g.breaded fish, fish in batter or ready prepared meals that include fish. It should noted however, crustaceans which have been cooked by boiling or steaming (with or without shell) are not exempt and must declare this information on the label.

8.17.2.1 Commercial designations Member States are required to draw up and publish a list of the commercial designations of fishery products accepted in their territory.This list must also indicate the scientific name for each species, its name in the official language(s) of the Member State and any other accepted names (see Appendix 11 for a list of the commercial designations in Ireland).

Manufacturers, processors and packagers selling to a market outside Ireland must use the commercial designation of the country/area to which they are exporting so the final consumer of that area knows what is being purchased. It is the responsibility of those marketing any fishery products to obtain the necessary information to ensure the products are accurately labelled. For further information regarding commercial designations for fishery products for export operators should contact Bord Iascaigh Mhara, Market Development Division, Crofton Road, Dun Laoghaire, Co. Dublin. (Tel: 01 2144100).

8.17.2.2 The production method The production method must be declared as follows: • ‘caught at sea’ where the fish was caught at sea or • ‘caught in freshwater’ where the fish was caught in freshwater or • ‘cultivated’ where the fish resulted from aquaculture or • ‘farmed’ where the fish resulted from aquaculture.

For species caught at sea Member States may authorise the omission of the reference to the production method upon sale to the final consumer provided that it is obvious from the commercial designation and the catch area that they are species caught at sea, such as North Sea Cod. Such authorisation may not be granted if there is doubt as to the production method such as ‘Dublin Bay Prawns’ which are not caught in Dublin Bay.

8.17.2.3 The catch area The catch area must be indicated as follows: • Products caught at sea must detail the name of the area where they were caught according to Appendix 12 such as North-West Atlantic (see Appendix 13 for the FAO map of major fishing areas)

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• Products caught in freshwater must reference the Member State or third country of origin • Farmed products must reference the Member State or third country in which the product undergoes the final development stage.Where the product is farmed in more than one Member State or third country, the Member State where the product is sold to the final consumer shall authorise which Member State or third country is to be indicated.

Operators may indicate a more precise catch area if they wish, such as the Irish Sea.

8.17.3 Labelling exceptions for fishery combinations Where different species of fishery products are for sale, information regarding the commercial designation, the production method and the catch area shall be given for all species. For example, for a seafood platter containing plaice, monkfish and shrimps, the commercial designation, production method and catch area must be detailed for all three species.

Where fishery products are of the same species but derived from a different production method, the production method for each batch must be indicated. For example, where a salmon platter contains both salmon caught at sea and cultivated salmon, the commercial designation ‘salmon’ must be provided, the production method for each batch i.e.‘caught at sea’ and ‘cultivated’ as well as the catch area.

Where fishery products of the same species are offered for sale but derived from a variety of catch areas or fish-farming countries, the catch area of the batch which is most represented by quantity must be at least declared in addition to the indication that the products come from different catch or fish- farming areas. For example,‘a mixture of salmon’ ‘caught at sea’ and ‘cultivated in Scotland’ where most of the salmon was cultivated in Scotland. Details of the catch area at sea can also be given.

8.17.4 Traceability The information required above i.e. the commercial designation, the production method and the catch area, must be available at each stage of marketing for each species in addition to the scientific name for the purpose of traceability.These details can be provided on the labelling or packaging of the products or on the commercial document accompanying the product such as an invoice or delivery documents.

8.17.5 Competent authority These Regulations are the responsibility of Sea Fisheries Control, the Department of the Marine and Natural Resources, Leeson Lane, Dublin 2. (Tel:01 6199273).

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CHAPTER 9. MISCELLANEOUS LABELLING RULES

The provisions of the general labelling rules for pre-packaged foodstuffs as laid down in Directive 2000/13/EC (Chapter 3) apply to the foodstuffs outlined in this chapter in addition to the specific requirements detailed below unless stated otherwise.

9.1 European Communities (Identification of Foodstuff Lot) Regulations, 1992 (S.I. No. 110 of 1992)

9.1.1 The legislation This Regulation implements Council Directive 89/396/EEC on indications or marks identifying the lot to which a foodstuff belongs.

9.1.2 Labelling requirements These regulations require an indication or mark identifying the manufacturing lot or batch to which a foodstuff belongs. The letter ‘L’ must precede the lot mark, except in cases where it is clearly distinguishable from the other indications on the label.The durability date can double up as a lot mark provided it is sufficiently precise to identify a particular batch, such as the day and month (depending on the size and nature of the batch). An indication merely of the month and year would not be sufficient. It is the responsibility of the producer, manufacturer or packager to determine the manner in which the lot will be indicated.

The purpose of this legislation is to facilitate the withdrawal of foodstuffs e.g. in the event of a health scare or product recall. See below the lot ‘L 0200A’ indicated on pre-packaged tea.

JUL 2002 L0200A 08.05 57

9.1.3 Competent authority The Regulations are the responsibility of the Department of Enterprise, Trade and Employment, Consumer Protection Unit, Fredrick Building, Setanta House, Dublin 2. (Tel:01 6614444).

9.2 European Communities (Foodstuffs Intended for Particular Nutritional Uses) Regulations, 1991 (S.I. No. 331 of 1991)

9.2.1 The legislation This Regulation implements Council Directive 89/398/EEC on foodstuffs intended for particular nutritional uses which has been amended by Directives 96/84/EC and 1999/41/EC also relating to foodstuffs intended for particular nutritional uses.

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Foodstuffs for particular nutritional uses are clearly distinguishable from foodstuffs for normal consumption, owing to their special composition or manufacturing process which are suitable for their claimed nutritional purposes, and which are marketed in such a way as to indicate their suitability. Such foods are only permitted for retail sale in pre-packaged form where the packaging completely covers the food. Foodstuffs for particular nutritional uses must comply with the provisions applicable to foodstuffs for normal consumption in addition to the provisions of these Regulations.

There are specific Directives (commonly called the daughter Directives) that detail specific provisions including certain labelling requirements for certain groups of foods for particular nutritional uses as follows: • Infant formulae and follow-on formulae (Directive 91/321/EEC see section 9.5) • Processed cereal-based foods and baby foods for infants and young children (Commission Directive 96/5/EC see section 9.3) • Food intended for use in energy-restricted diets for weight reduction (Commission Directive 96/8/EC see section 9.4) • Dietary foods for special medical purposes (Commission Directive 1999/21/EC see section 9.6) • Foods intended to meet the expenditure of intense muscular effort, especially for sports people (this Directive is currently in the form of a Commission proposal).

A specific Directive on foods for persons suffering from carbohydrate-metabolism disorders (diabetes) is currently being considered.

Commission Directive 2001/15/EC on substances that may be added for specific nutritional purposes in foods for particular nutritional uses is applicable from 1st April 2002. This Directive lists the chemical substances which may be used in the manufacture of foodstuffs for particular nutritional uses such as vitamins, minerals, and amino acids.

Foods for particular nutritional uses must fulfil the particular nutritional requirements for the following classes of individuals: 1. Persons where their digestive metabolism is disturbed or 2. Persons with special physiological conditions requiring controlled consumption of certain substances or 3. Infants or young children in good health.

9.2.2 General labelling requirements The term ‘dietetic’ and ‘dietary’ may be used in the labelling, advertising or presentation of foods to describe foodstuffs for groups of individuals in classes 1 and 2 above. However,the use of these terms or other similar words is prohibited where the foods are for normal consumption i.e. where they have not been specifically manufactured for the individual’s needs.

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In addition, the labelling, presentation and advertising of foods for particular nutritional uses must not attribute properties for the prevention, treatment or cure of human disease or imply such properties (see section 5.2.2).

9.2.3 Specific labelling requirements Specific Directives that have been adopted for certain categories of foods (as listed in section 9.2.1 above) such as dietary foods for special medical purposes, detail the specific labelling requirements for that category of food. In addition to the labelling requirements under their own legislation, these foods must also detail the following on the label: 1. Products fulfilling the nutritional requirements of individuals in classes 1 and 2 (see section 9.2.1) must declare: • The designation under which the product is sold and • An indication of its particular characteristics. 2. Products fulfilling the nutritional requirements of individuals in class 3 (see section 9.2.1) must declare: • The designation under which the product is sold and • A reference to the purpose for which it is intended.

Foods that have no specific Directives governing them (such as gluten free foods which are specifically manufactured for individuals in class 1 or 2) must detail the following provisions on the label: • The composition or special manufacturing process of the foodstuff that enables it to fulfil its particular nutritional purpose, • The amount of carbohydrate, protein and fat (per 100g or 100ml) of the food as marketed and where appropriate, as consumed and • The available energy value (in kilo joules or kilocalories per 100g or 100ml) of the food as marketed and where appropriate, as consumed.

However if the energy value of the food is less than 50 kJ (12kcals) per 100g or 100ml these particulars may be replaced by the statement ‘energy value less than 50 kJ (or 12kcals) per 100g (or 100ml)’.

Where foods for particular nutritional uses do not have a specific Directive regulating them and are placed on the market for the first time in Ireland, the manufacturer or the importer (if manufactured outside the EU) must notify the Food Safety Authority of Ireland within seven days of the food being placed on the market.The manufacturer or importer must enclose a copy of the proposed labelling, an indication (and details where appropriate) as to whether the product is on sale in any other Member State and any other information that may be required.

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9.2.4 Competent authority These Regulations are the responsibility of the Food Unit, Department of Health and Children, Hawkins House, Poolbeg Street, Dublin 2. (Tel:01 6354000).

9.3 European Communities (Processed Cereal Based Foods and Baby Foods for Infants and Young Children) Regulations, 2000 (S.I. No. 142 of 2000)

9.3.1 The legislation These Regulations implement Commission Directive 96/5/EC, as amended by Commission Directives 1998/36/EC and 1999/39/EC, on processed cereal based foods and baby foods for infants and young children. This Directive is a daughter Directive to Council Directive 89/398/EEC on foodstuffs intended for particular nutritional uses (section 9.2) and regulates compositional and other requirements of foods for infants and young children.

Cereal based foods and baby foods for infants and young children are used as part of a diversified diet and do not constitute the sole source of nourishment of infants and young children. The essential composition of the products must be appropriate for the nutritional requirements of infants and young children in good health.

These rules cover foodstuffs that are intended for use by infants while they are being weaned, by young children as a supplement to their diet as well as for their progressive adaptation to ordinary food. Such foodstuffs are divided into the following groups: a) Processed cereal based foods • Simple cereals (which are reconstituted using milk or other nutritious liquids) • Cereals with added protein (which are reconstituted using water or other protein free liquids) • Pastas (for use after cooking in boiling water or other appropriate liquids) • Rusks and biscuits (which are used directly or pulverised after the addition of suitable liquids) b) Baby Foods

Under the Regulations infants are children under the age of 12 months and young children are children aged between 1 and 3 years.

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9.3.2 Specific labelling and packaging requirements for cereal based foods and baby foods for infants and young children

In addition to the requirements for foodstuffs intended for particular nutritional uses (see section 9.2.3) the label must state the following: • The age from which the product may be used depending on its properties however, this must not be less than 4 months for any product. Products recommended for use after the age of four months may indicate in addition that they are suitable from the specified age unless advised otherwise by their GP or other similar professionals, • The presence or absence of gluten if the specified age from which the product may be used is less than six months, • The energy value (in kilojoules and kilocalories), the protein, carbohydrate and fat content per 100g or 100ml of the product as sold or where appropriate as consumed, • The average quantity of each of the specified vitamins and minerals as listed in the Regulations per 100g or 100ml of the product as sold or where appropriate as consumed and • Instructions for the appropriate preparation of the product and a statement regarding the importance of following those instructions.

In addition the label may declare: • The average quantity of additional nutrients listed in the Regulations per 100g or 100ml of the product as consumed and • Information on additional vitamins and minerals listed in the Regulations expressed as a percentage of their Recommended Dietary Allowances per 100g or 100ml of the product as sold or where appropriate as consumed.This is provided that the quantities of each vitamin and mineral present must be at least 15% of the Recommended Dietary Allowances.

9.3.3 Competent authority These Regulations are the responsibility of the Food Unit, Department of Health and Children, Hawkins House, Poolbeg Street, Dublin 2. (Tel:01 6354000).

9.4 European Communities (Foods Intended for Use in Energy-Restricted Diets for Weight Reduction) Regulations, 1998 (S.I. No. 242 of 1998)

9.4.1 The legislation These Regulations implement Commission Directive 96/8/EC on foods intended for use in energy- restricted diets for weight reduction. This Directive is a daughter Directive to Council Directive 89/398/EEC on foodstuffs intended for particular nutritional uses (see section 9.2) and specifies compositional and labelling requirements for foods specially manufactured for energy restricted diets intended to replace part or whole of the daily diet.

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These specially formulated energy reduced foods are divided into two categories: • Products to replace the whole daily diet and • Products to replace one or more meals of the daily diet.

9.4.2 Specific labelling and packaging requirements for foods in energy restricted diets In addition to the labelling requirements for foodstuffs intended for particular nutritional uses (see section 9.2.3) the label must bear the following indications: • The name under which the product is sold. For products replacing the whole daily diet the specified name is ‘Total diet replacement for weight control’ and for products replacing one or more meals a day the specified name is ‘Meal replacement for weight control’, • The energy value (in kJ and kcals in numerical form), • The quantity of protein, carbohydrate and fat per 100g of the product as consumed (in numerical form), • The average quantity of each specified vitamin and mineral listed in the Regulations per 100g of the product as consumed (in numerical form), • Instructions for the appropriate preparation of the product, • If the product provides a daily intake of polyols greater than 20g per day when used according to the manufacturers instructions, a statement shall be provided that the food may have a laxative effect and • A statement regarding the importance of maintaining an adequate daily fluid intake.

In addition to the labelling requirements above: 1. Products replacing the whole daily diet must be contained in the same package and the label must contain a statement that the product • provides adequate amounts of all essential nutrients for the day and • should not be used for more than 3 weeks without medical advice. 2. For products replacing one or more meals of the daily diet the label must contain: • a statement that the products are useful for the intended use only as part of an energy- restricted diet, • a statement that other foodstuffs are necessary as part of the diet and • the quantity of the specified vitamins and minerals listed in the Regulations expressed as a percentage of the reference values (as given in Directive 90/496/EC on nutritional labelling in Chapter 4).

The labelling, advertising and presentation of the products concerned shall not make any reference to: • the rate or amount of weight loss that may result from their use or • to a reduction in the sense of hunger or • an increase in the sense of satiety.

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9.4.3 Competent authority These Regulations are the responsibility of the Food Unit, Department of Health and Children, Hawkins House, Poolbeg Street, Dublin 2. (Tel:01 6354000).

9.5 European Communities (Infant Formulae and Follow-On Formulae) Regulations, 1998 (S.I. No. 243 of 1998) and (Amendment) Regulations, 2000 (S.I. No. 446 of 2000)

9.5.1 The legislation These Regulations implement Directive 91/321/EEC and its amendments 92/52/EEC, 96/4/EEC and 99/50/EEC on infant formulae and follow-on formulae. The Directive is a daughter Directive to Council Directive 89/398/EEC on foodstuffs intended for particular nutritional uses (see section 9.2) and specifies compositional and labelling requirements for infant formulae and follow-on formulae intended for use by infants in good health.

The following are defined under the Regulations:

‘Infants’ are children under the age of 12 months.

‘Young children’ are children aged between one and three years.

‘Infant formulae’ are foodstuffs for use by infants during the first four to six months of life.

‘Follow-on formulae’ are foodstuffs for use by infants aged over four months and which constitutes the principal liquid element of the diet.

‘Infant milk’ and ‘follow-on milk’ means products manufactured entirely from cows milk proteins.

9.5.2 General labelling and packaging requirements for infant formulae The labelling, advertising or presentation of infant formulae shall be designed to provide the necessary information about the appropriate use of the products so as not to discourage breast-feeding. The use of the terms ‘humanised’ and ‘maternalised’ are prohibited and the label should not include pictures of infants or other pictures or text which may idealise the use of the product.

The labelling of infant formulae and follow-on formulae intended for export shall be in a appropriate language and ensure that there is a clear distinction between infant formulae and follow-on formulae.

9.5.3 Specific labelling and packaging requirements for infant formulae The designated name under which the products are sold shall be ‘infant formulae’, ‘follow-on formulae’,‘infant milk’ or ‘follow-on milk’.

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In addition to the labelling requirements for foodstuffs intended for particular nutritional uses (see section 9.2.3) the following information must appear on the label of infant formulae: • A statement to the effect that the product is suitable for particular nutritional use by infants from birth when they are not breast-fed, • In the case of infant formulae that do not contain added iron, a statement to the effect that when the product is given to infants over the age of four months, their total iron requirements must be met from other additional sources, • The energy value (in kJ and kcal) per 100ml of the product as consumed, • The quantity of proteins, carbohydrate and fat per 100ml of the product as consumed, • The average quantity of each vitamin and mineral per 100ml of the product as consumed, • The average quantity of choline, inositol, carnitine and taurine in 100ml of the product as used where applicable, • Instructions for the appropriate use of the product, • A warning against the health hazards of inappropriate preparation and • A statement preceded by the words ‘Important Notice’ of (i) The superiority of breast-feeding and (ii) A recommendation that the product be used only on the advice of independent persons qualified in medicine, pharmacy, nutrition or similar.

In addition the label may bear an indication of the following: • The quantity of other specified nutrients, as listed in the Regulations, per 100 ml of the product as consumed, • Graphic representations for easy identification of the product and for illustrating methods of preparation and • Bear claims in certain circumstances concerning the special composition of an infant formula.

9.5.4 General labelling and packaging requirements for follow-on formulae The labelling, advertising or presentation of follow-on formulae: • Shall be designed to provide the necessary information about the appropriate use of the products so as not to discourage breast-feeding, • The use of the terms ‘humanised’,‘maternalised’ is prohibited and • The packaging at the point of sale shall ensure a clear distinction between infant formulae and follow-on formulae.

9.5.5 Specific labelling and packaging requirements for follow-on formulae In addition to the labelling requirements for foodstuffs intended for particular nutritional uses (see section 9.2.3) the following information must appear on the label of follow-on formulae:

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• The age from which the product is suitable for use provided it is not less than 4 months for any product, • That it should form only part of a diversified diet, • That it is not to be used as a substitute for breast milk during the first four months, • The energy value (in kJ or kcal) per 100ml of the product as consumed, • The content of proteins, carbohydrate and fat per 100ml of the product as ready for use, • The average quantity of each vitamin and mineral per 100ml of the product as ready for use, • The average quantity of choline, inositol, carnitine and taurine in 100ml of the product as used where applicable, • Instructions for the appropriate use of the product, • A warning against the health hazards of inappropriate preparation and • Information on specified vitamins and minerals expressed as a percentage of their reference values as specified in the Regulations per 100ml of the product as consumed, provided that the quantities are at least 15 % of the reference values (see Table 4, Chapter 4). The labelling of follow-on formulae may also bear an indication of other specified nutrients not previously declared per 100 ml of the product as consumed.

9.5.6 Competent authority These Regulations are the responsibility of the Food Unit, Department of Health and Children, Hawkins House, Poolbeg Street, Dublin 2. (Tel:01 6354000).

9.6 European Communities (Dietary Foods for Special Medical Purposes) Regulations, 2001 (S.I. No. 64 of 2001)

9.6.1 The legislation These Regulations implement Commission Directive 1999/21/EC on dietary foods for special medical purposes.Whilst having regard for the mother Directive - Council Directive 89/398/EEC on foodstuffs intended for particular nutritional uses, Directive 1999/21/EC expands upon and details specific provisions for dietary foods for special medical purposes such as basic rules concerning vitamin and mineral content and some additional labelling requirements.

Dietary foods for special medical purposes are defined in the Regulations and can only be marketed as such if they comply with rules such as the compositional requirements laid down in the Annex to Directive 1999/21/EC.

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9.6.2 Compulsory labelling requirements The prescribed name under which a dietary food for special medical purposes is sold shall be ‘food(s) for special medical purposes’.

In addition to the labelling requirements for foodstuffs intended for particular nutritional uses (see section 9.2.3) the following must appear on the label of dietary foods for special medical purposes: • The energy value (in kJ and kcal) and the protein, carbohydrate and fat content in numerical form per 100g or 100ml of the product as sold or as ready for use in accordance with the manufacturers instructions.This information may be provided per serving in addition provided the number of servings is also indicated on the label, • The quantity of each vitamin and mineral (as listed in the Annex to the Directive) in numerical form per 100g or 100ml of the product as sold or as ready for use in accordance with the manufacturers instructions.This information may be provided per serving in addition provided the number of servings is also indicated on the label, • The content of components of protein (such as amino acids), carbohydrate (such as starch or fibre), fat (such as saturates) and/or other nutrients where their declaration is necessary for the appropriate intended use of the product.Where appropriate this should be declared per 100g or 100ml of the product as sold or as ready for use in accordance with the manufacturers instructions.This information may be provided per serving in addition provided the number of servings is also indicated on the label, • Information on the osmolarity or osmolality (i.e. the solute concentration) of the product where appropriate and • Information on the origin and the nature of the proteins in the product where appropriate.

The label shall also declare the following preceded by the words ‘important notice’: • A statement that the product must be used under medical supervision, • A statement whether the product is suitable for use as the sole source of nourishment, • A statement that the product is intended for a specific age group and • A statement that the product poses a health hazard when consumed by persons who do not have the disease, disorders or medical conditions for which the product is intended.

The label shall also declare the following: • The words ‘for the dietary management of ………’ where the disease, disorders or medical conditions for which the product is intended should be inserted, • A statement concerning adequate precautions and conta-indications, • A description of the properties and/or characteristics that make the product useful such as the nutrients that have been increased, reduced or eliminated and • A warning that the product is not for parenteral use (i.e not to be introduced otherwise than by way of the intestine).

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The label must also provide instructions for the preparation, the use and the storage of the product after the opening of the container.

9.6.3 Competent authority These Regulations are the responsibility of the Food Unit, Department of Health and Children, Hawkins House, Poolbeg Street, Dublin 2. (Tel:01 6354000).

9.7 European Communities (Foodstuffs Treated with Ionising Irradiation) Regulations, 2000 (S.I. 297 of 2000)

9.7.1 The legislation These Regulations give effect to Council Directive 1999/2/EC and 1999/3/EC which sets out the rules for the irradiation of foodstuffs in Ireland. Prior to the introduction of this Directive the irradiation of foodstuffs was permitted in some Member States yet banned in others. Therefore, there was an obvious need to harmonise rules on the irradiation of foodstuffs across the EU.

Council Directive 1999/3/EC specifically provides a list of foodstuffs that may be treated with ionising radiation and the maximum dose allowed.This is an initial list that will be amended in the future.To date the only foodstuffs that may be treated with ionising radiation is ‘dried aromatic herbs, spices and vegetable seasonings’.The permitted maximum dose is 10 kiloGray (kGy).

Dried aromatic herbs, spices and vegetable seasonings have been permitted to be treated with ionising radiation because they are frequently contaminated and/or infected with organisms and their metabolites, which are harmful to public health.The contamination and/or infestation can no longer be treated with certain fumigants because of the toxic potential of their residues. In the interest of public health protection the use of ionising radiation is an effective means of replacing these substances.

Council Directive 96/29/Euratom lays down basic safety standards for the protection of the health of workers and the general public against dangers arising from ionising radiation.

It is widely recognised that the irradiation of foods is a sensitive public issue with many consumers having a genuine concern about food irradiation.These rules relating to the use of ionising radiation for the treatment of foodstuffs take account primarily of human health considerations as well as measures required for the protection of economic and technical needs.

The competent authority responsible for the approval and control of any irradiation facilities in Ireland is the Radiological Protection Institute of Ireland. Currently there are no irradiation facilities for the irradiation of foodstuffs in Ireland.

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Foodstuffs may only be treated with ionising radiation if: • There is a reasonable technological need, • It presents no health hazard and is carried out under the conditions proposed, • It is of benefit to the consumer and • It is not a substitute for hygiene and health practices or for good manufacturing or agricultural practices.

According to the Regulations food irradiation may only be used for the following purposes: • To reduce the incidence of foodborne disease by destroying pathogenic organisms, • To reduce spoilage of foodstuffs by retarding decay processes and destroying spoilage organisms, • To reduce loss of foodstuffs by premature ripening, germination or sprouting and • To rid foodstuffs of organisms harmful to plant or plant products.

The Directive does not apply to foodstuffs exposed to ionising radiation where: • the dose of irradiation absorbed is not greater than 0.01 Grays or • the foodstuffs are prepared for patients requiring sterile diets under medical supervision.

9.7.2 Specific labelling and packaging requirements for irradiated foods Products that are intended for sale to the ultimate consumer or mass caterers must indicate the words ‘irradiated’ or ‘treated with ionising radiation’ as follows:

(i) Irradiated foodstuffs • For individual irradiated food items these words must appear on the label of the product. • For irradiated products sold in bulk, the words must accompany the name of the product either on a display or notice above or adjacent to the container in which the products are placed.

(ii) Irradiated ingredients • For individual non-irradiated food items containing irradiated ingredients, these words must accompany the name of the ingredient in the list of ingredients. • For non-irradiated products containing irradiated ingredients sold in bulk, these words must accompany the name of the product either on a display or notice above or adjacent to the container in which the products are placed.

(iii) Irradiated compound ingredients • Irradiated ingredients used in a compound ingredient of a foodstuff (which itself is not irradiated) must indicate these words even if the compound ingredient is less than 25% of the finished product. (This provides a derogation from section 3.5.2.9 on the general labelling of compound ingredients).

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Irradiated foodstuffs and non-irradiated foodstuffs containing irradiated ingredients not intended for sale to the ultimate consumer and mass caterers such as sale to wholesalers must indicate the following: • The words ‘irradiated’ or ‘treated with ionising radiation’ and • The identity and address of the irradiation facility or it’s reference number.

An indication of the treatment shall be given in all cases on the documents that accompany the irradiated foodstuff. In addition, materials used for packaging foodstuffs to be irradiated must be suitable for the purpose.

Third country imports of irradiated foods also have to comply with certain conditions as well as being accompanied by documents showing the name and address of the facility, which carried out the irradiation treatment.

9.7.3 Competent authority The Food Safety Authority of Ireland,Abbey Court, Lower Abbey Street, Dublin 1 (Tel:01 8171300), the Radiological Protection Institute of Ireland, 3 Clonskeagh Square, 119 Clonskeagh Road, Dublin 14 (Tel:01 2697766) and the Food Unit, Department of Health and Children, Hawkins House, Poolbeg Street, Dublin 2 (Tel:01 6354000) are responsible for the enforcement of these Regulations.

9.8 Sale of Foods & Drugs Act, 1875-1936

9.8.1 The legislation The Sale of Food and Drugs Acts, 1875-1936 contain provisions which make it an offence to sell adulterated food and unfit food which is injurious to health.The principal Act,The Sale of Food and Drugs Act, 1875 was amended on numerous occasions by the creation of Regulations and sets down compositional requirements for many foods such as butter and margarine.

9.8.2 Labelling requirements Section 8 of the principal Act made it a requirement for the first time to provide a written notice by way of a label with the food product upon delivery.This provision was introduced in order to protect consumers from offences, such as the adulteration of food, the fraudulently mixing of a food to increase its bulk or trying to conceal its inferior quality, by stating how the food was produced.This section also contained the provision that the notice or label should be distinctively and legibly written or printed on or with the product.

However, these labelling requirements have now been superseded by European Union requirements.

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9.8.3 Competent authority These Regulations are the responsibility of the Food Unit, Department of Health and Children, Hawkins House, Poolbeg Street, Dublin 2. (Tel:01 6354000).

9.9 European Communities (Additives, Colours and Sweeteners in Foodstuffs) Regulations, 2000 (S.I. 437 of 2000)

9.9.1 The legislation This Regulation gives effect to most of the European Directives governing additives, colours and sweeteners in food (see Appendix 4 for a list of all the legislation governing additives, colours and sweeteners).The Regulations detail additional labelling requirements for additives and sweeteners only.

Additives are defined in the Framework Directive 89/107/EC concerning food additives authorised for use in foodstuffs intended for human consumption as: ‘any substance not normally consumed as a food in itself and not normally used as a characteristic ingredient of a food whether or not it has nutritive value, the intentional addition of which to food for a technological purpose in the manufacture, processing, preparation, treatment, packaging, transport or storage of such food results, or may be reasonably expected to result, in it or its by- products becoming directly or indirectly a component of such foods’. The following are not considered as additives and are not governed by the Framework Directive 89/107/EC: - Processing aids, - Substances used in the protection of plants and plant products in conformity with Community rules relating to plant health, - Flavourings for use in foodstuffs (as regulated by Council Directive 88/388/EEC see section 9.10) and - Substances added to foodstuffs as nutrients such as vitamins and mineral.

Additives can be sold either directly to the ultimate consumer or to manufacturers for use in food. Council Directive 95/2/EC and its amendments specifically regulates food additives other than colours and sweeteners and outlines what additives are permitted in particular foods and at what level e.g. citric acid (E 330) is permitted in fruit juices at a maximum level of 3 g/l.

Sweeteners are used to impart a sweet taste to foodstuffs or used as a table-top sweetener and can be for sale to the ultimate consumer or for use in the manufacture of foodstuffs. Council Directive 94/35/EC and its amendment Council Directive 96/83/EC regulating sweeteners for use in foodstuffs, outlines what sweeteners are permitted in particular foods and at what level e.g. aspartame (E 951) is permitted in energy-reduced soups at a maximum usable dose of 110 mg/l.

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9.9.2 Labelling requirements for Food additives not intended for sale to the additives ultimate consumer may be marketed only if The European Communities (Additives, their packaging or containers bear the Colours and Sweeteners in Foodstuffs) following information, which must be Regulations, 2000 (S.I. 437 of 2000) outlines the conspicuous, clearly legible and indelible: labelling requirements for food additives for sale • The name and EC number of each food to the ultimate consumer and food additives additive, whether sold singly or mixed not intended for sale to the ultimate consumer. together, in descending order of weight* and the name and EC number of any Food additives for sale to the ultimate substances or additives incorporated consumer may be marketed only if their into the additives in descending order packaging or containers bear the following of weight, information, which must be conspicuous, • One of the following statements:‘for use clearly legible and indelible: in food’ or ‘restricted use in food’ or a • The name under which the product is more specific reference to its intended sold and it’s EC number (see also food use, section 3.5.2.6) • Special conditions of storage and use • The name and EC number of each food where necessary, additive, whether sold singly or mixed • Directions for use where necessary,* together, in descending order of weight • A lot or batch number,* and the name and EC number of any • The name or business name and address substances or additives incorporated into of the manufacturer or packager, or of a the additives in descending order of weight seller established within the • One of the following statements:‘for use Community,* in food’ or ‘restricted use in food’ or a • An indication of the percentage of any more specific reference to its intended component which is subject to a food use quantitative limitation in a food,* • Special conditions of storage and use • The net quantity and where necessary • Any other provided in the Framework • Directions for use where necessary Directive 89/107/EC. • A lot or batch number • The name or business name and address *These indications need only appear on the of the manufacturer or packager, or of a commercial documents accompanying the seller established within the Community consignment provided ‘intended for the • The net quantity manufacture of foodstuffs and not for retail sale’ • The date of minimum durability and appears as a conspicuous part of the packaging • Any other requirement provided in the or container of the product in question. Framework Directive 89/107/EC.

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9.9.3 Labelling requirements for sweeteners(s)’ near the name of the food, sweeteners • Foodstuffs containing both an added The European Communities (Additives, sugar or sugars and a sweetener or Colours and Sweeteners in Foodstuffs) sweeteners (as authorised by Directive Regulations, 2000 (S.I. 437 of 2000) outlines 94/35/EC) must be labelled “with the labelling requirements for sweeteners. sugar(s) and sweeteners(s)” near the These rules on the use of sweeteners in name of the food, foodstuffs defines the terms ‘with no added • Foodstuffs containing aspartame must be sugar’ and ‘energy-reduced’. For example, ‘no labelled ‘contains a source of added sugar’ is defined as ‘without any added phenylalanine’ and mono- or disaccharides or any other foodstuff • Foodstuffs containing more than 10% used for its sweetening properties’. added polyols must be labelled ‘excessive consumption may produce These rules also make it compulsory to laxative effects.’ declare the following information on the label of a table-top sweetener: 9.9.4 Competent authority • the term ‘…….- based table-top These Regulations are the responsibility of the sweetener’ to be added to the sales Food Unit, Department of Health and description where the name(s) of the Children, Hawkins House, Poolbeg Street, sweetening substances used in its Dublin 2. (Tel:01 6354000). composition should be inserted, • the words ‘excessive consumption may 9.10 European Communities induce laxative effects’ where the (Flavourings for use in Foodstuffs for sweetener contains polyols and Human Consumption) Regulations, • the words ‘contains a source of 1992 (S.I. No. 22 of 1992) phenylalaine’ where the sweetener contains aspartame. 9.10.1 The legislation These Regulations give effect to Council Directive 96/21/EC on the compulsory Directive 88/388/EEC and Commission indication of particulars on the labelling of Directive 91/71/EEC relating to flavourings for certain foodstuffs provides additional labelling use in foodstuffs (see also section 3.5.2.8). provisions concerning the details that must Flavourings include flavouring substances, appear on the label of a food containing a flavouring preparations (i.e. flavourings sweetener to makes its presence clear as containing more than one flavouring follows (see also section 3.5): substance), process flavourings (flavourings • Foodstuffs containing a sweetener or obtained during manufacturing) and smoke sweeteners (as authorised by Directive flavourings. Definitions of the latter two are 94/35/EC) must be labelled ‘with under review at European level.

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It is intended that all substances used as flavourings should be evaluated in order to determine if they are acceptable for use.A European agreed register of flavouring substances will be evaluated over the next five years to produce a positive list of permitted flavourings.

9.10.2 Labelling requirements The labelling requirements for flavourings depend on whether or not they are intended for sale to the final consumer.Flavourings not intended for sale to the final consumer may not be marketed unless their packages bear the following information, which should be easily visible, clearly legible and indelible: 1) The name and business name and address of the manufacturer or packer, or of a seller established within the Community 2) The sales description: either the word ‘flavouring’ or a more specific name or description of the flavouring 3) The statement ‘for foodstuffs’ or a more specific reference to the food for which the flavouring is intended 4) A list in descending order of weight of the categories of flavouring substances and flavouring preparations such as natural flavourings, artificial flavourings and smoke flavourings etc.* 5) In the case of a mixture of flavourings with: • additives necessary for the storage and use of flavourings or • products used for dissolving or diluting flavourings a list in descending order of weight of the categories of flavourings and the names of each of the other substances (or where appropriate their ‘EC’ numbers) as contained in the mixture* 6) An indication of the maximum quantity of each flavouring component* 7) An indication identifying the consignment and 8) The nominal quantity expressed in units of mass or volume. * Points 4), 5) and 6) above need only appear on the trade documents accompanying the product provided the indication ‘intended for the manufacture of foodstuffs and not for retail’ appears in a conspicuous part of the packaging of the product.

Flavourings intended for sale to the final consumer may not be marketed unless their labels indicate the following information, which should be easily visible, clearly legible and indelible: 1) The word ‘flavouring’ or a more specific name or description of the flavouring, 2) The words ‘for foodstuffs’ or a more specific reference to the foodstuff for which the flavouring is intended, 3) The date of minimum durability, 4) Special conditions for storage and use of the flavour where necessary, 5) Instructions for use if its omission would prevent the appropriate use of the flavouring, 6) The net quantity expressed in units of mass or volume,

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7) The name and business name and address of the manufacturer or packer, or of a seller established within the Community, 8) An indication or mark identifying the batch (Council Directive 89/396/EC see section 9.1) and 9) In the case of a mixture of flavourings with other substances a list in descending order of weight of the categories of flavourings and the names of each of the other substances (or where appropriate their ‘EC’ numbers) as contained in the mixture.

On a label the word ‘natural’ applying to a flavour or any word having substantially the same meaning (e.g. pure) may only be used where the flavouring component is derived from • Flavouring substances or • Flavouring preparations to which nothing has been added and which have been subjected only to such processing as to render them suitable for human consumption.

Acceptable ‘natural’ processing methods to obtain flavouring compounds may be achieved by physical, enzymatic or microbiological processes such as freezing, concentration, drying, distillation, traditional cooking processes and pasteurisation. Foods could be described as ‘made from natural flavourings’ and unflavoured products as ‘natural’ only if these criteria are met.

Foodstuffs containing flavourings obtained by ‘artificial’ methods would not be permitted to use the word ‘natural’ on the product e.g. flavourings obtained by chemical means, heating processes and smoking are excluded such as bleaching, hydrogenation and smoking with chemicals.

If the name of the flavouring contains a reference to the source of the flavouring such as its vegetable or animal origin, as in ‘natural chicken flavour’ then the word ‘natural’ may only be used if the flavour was obtained purely from a chicken source by ‘natural processes’. If however,as above, the flavour was obtained through any chemical or similar artificial process then the term ‘natural’ may not be used.

Similarly the wording ‘natural apple flavour’ for a foodstuff may only be used where the actual apple flavour was obtained solely from apples by natural processing methods as above. The term natural would have to be omitted and the words ‘apple flavour’ only permitted where the apple flavour was obtained by artificial means. In addition, the word ‘natural flavour’ may be used where the flavour was obtained naturally but not solely from apples. See below the list of ingredients for a baby food indicating ‘natural flavouring’.

Ingredients: Wheat flour, glucose syrup, sugar, soya oil; invert sugar syrup, salt, natural flavouring (vanilla), emulsifier (soya lecithin), vitamin B1, vitamin B2, vitamin B3, vitamin B6.

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9.10.3 Competent authority These Regulations are the responsibility of the Food Unit, Department of Health and Children, Hawkins House, Poolbeg Street, Dublin 2. (Tel:01 6354000).

9.11 European Communities (Material and Articles Intended to Come into Contact with Foodstuffs) Regulations, 1991 (S.I. No. 307 of 1991), as amended

9.11.1 The legislation The EC (Material and Articles Intended To Come Into Contact With Foodstuffs) Regulations, 1991 were amended by the following Regulations: • European Communities (Material and Articles Intended to Come into Contact with Foodstuffs) (Amendment) Regulations, 1993 (S.I. No. 295 of 1993) • European Communities (Material and Articles Intended to Come into Contact with Foodstuffs) (Amendment) (No. 2) Regulations, 1994 (S.I. No. 93 of 1994) • European Communities (Material and Articles Intended to Come into Contact with Foodstuffs) (Amendment) Regulations, 1996 (S.I. No. 226 of 1996) • European Communities (Material and Articles Intended to Come into Contact with Foodstuffs) (Amendment) Regulations, 1997 (S.I. No. 335 of 1997) • European Communities (Material and Articles Intended to Come into Contact with Foodstuffs) (Amendment) Regulations, 1998 (S.I. No. 278 of 1998) • European Communities (Material and Articles Intended to Come into Contact with Foodstuffs) (Amendment) Regulations, 2000 (S.I. No. 475 of 2000)

These Regulations give effect to Directive 89/109/EEC (the Framework Directive, covering all materials) and the Specific Directives on Plastics (90/128/EEC), Cellulose (93/10/EEC), Ceramics (78/142/EEC), Vinyl Chloride (84/500/EEC) and their amendments. The amendments (to both the Specific Directives and our national Regulations) mainly extend the ‘Positive Lists’ of substances that can be used in the manufacture of plastics.

The legislation controls the use of materials and articles for use in contact with foodstuffs,specifically with regard to the control of the contamination that can occur through the migration of substances from the contact material to the foodstuff. The contamination can affect the appearance, taste or odour of the foodstuff or can cause toxicological effects depending on the degree and nature of the contaminants.

The legislation applies to all materials and articles ‘which in their finished state are intended to come into contact with food or water’, including cutlery, coffee machines, etc. However, the main focus of concern is food-packaging materials where there is greater potential for contamination to occur as a foodstuff spends most time in contact with the packaging.

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The rules detail that no person shall manufacture, sell, import, or use in the course of any food business (specifically in connection with the storage, preparation, packaging, selling or serving of foodstuffs) any regulated materials and articles. However their use is permitted where they are manufactured so that under normal conditions of use they do not transfer their constituents to foodstuffs in quantities which could endanger human health or bring about an unacceptable change in the foodstuff’s composition or organoleptic characteristics.

9.11.2 Labelling requirements It is prohibited to sell or import materials and articles (intended for food contact use) not already in contact with foodstuffs unless they are accompanied by the following particulars: • a notice giving the description ‘for food use’ • a specific indication as to their use (e.g. soup spoon, wine bottle) • a notice showing a specified symbol • where appropriate, a notice indicating any special conditions of use and • a name/trade name and address or the registered trade mark.

These particulars must be clearly displayed and legible and be in English or English and Irish.

9.11.3 Competent authority These Regulations are the responsibility of the Department of Enterprise, Trade and Employment, Consumer Protection Unit, Fredrick Building, Setanta House, Dublin 2 (Tel:01 6614444).

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CHAPTER 10. ENFORCEMENT

10.1 Competent authorities The Food Safety Authority of Ireland (FSAI) is ultimately responsible for the enforcement and control of food safety standards under the Food Safety Authority of Ireland Act,1998 (No. 29 of 1998). Under this Act the FSAI may carry out or arrange to carry out the enforcement of all food safety legislation through its official agents such as the various Government departments, health boards, local authorities etc.

An official agency carrying out functions on behalf of the FSAI does so by means of “service contracts”. Service contracts are agreed documents of performance between the FSAI and the official food control agents. Individual officers of an official agency carry warrants of authorisation under the specified legislation. There are approximately 47 official agencies enforcing food safety legislation in Ireland, some of which are responsible for the enforcement of the food labelling legislation and food labelling provisions in the legislation.

The official agencies of the Food Safety Authority of Ireland enforcing food labelling legislation in Ireland are: • Department of Agriculture, Food and Rural Development, • Department of Enterprise,Trade and Employment, • Department of Health and Children, • health boards and • Office of the Director of Consumer Affairs.

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APPENDIX 1. LIST OF CATEGORIES OF INGREDIENTS WHICH MAY BE DESIGNATED BY THE NAME OF THE CATEGORY RATHER THAN THE SPECIFIC NAME

Definition Designation Refined oils other than olive oils ‘Oil’, together with either the adjective ‘vegetable’ or ‘animal’, as appropriate or an indication of their specific vegetable or animal origin. The adjective ‘hydrogenated’ must accompany the indication of a hydrogenated oil. Refined fats ‘Fat’, together with either the adjective ‘vegetable’ or ‘animal’ as appropriate, or an indication of their specific vegetable or animal origin The adjective ‘hydrogenated’ must accompany the indication of a hydrogenated fat. Mixtures of flour obtained from two or more ‘Flour’, followed by a list of the cereals from cereal species which it has been obtained, in descending order by weight Starches, and starches modified by physical ‘Starch’ means or by enzymes All species of fish where the fish constitutes an ‘Fish’ ingredient of another foodstuff and provided that the name and presentation of such foodstuff does not refer to a specific species of fish All types of cheese where the cheese or ‘Cheese’ mixture of cheeses constitutes an ingredient of another foodstuff and provided that the name and presentation of such foodstuff does not refer to a specific type of cheese All spices not exceeding 2% by weight ‘Spice(s)’ or ‘mixed spices’ of the foodstuff All herbs or parts of herbs not exceeding 2% ‘Herb(s)’ or ‘mixed herbs’ by weight of the foodstuff All types of gum preparations used in the ‘Gum base’ manufacture of gum base for chewing gum All types of crumbled baked cereal products ‘Crumbs’or ‘rusks’ as appropriate All types of sucrose ‘Sugar’ Anhydrous dextrose or dextrose monohydrate ‘Dextrose’ Glucose syrup and anhydrose glucose syrup ‘Glucose Syrup’ All types of milk protein (caseins, caseinates ‘Milk proteins’ and whey products) and mixtures thereof Press, expeller or refined cocoa butter ‘Cocoa butter’

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Definition Designation All crystallised fruit not exceeding 10% of the ‘Crystallised fruit’ weight of the foodstuff Mixtures of vegetables not exceeding 10% of ‘Vegetables’ the weight of the foodstuff All types of wine as defined in Council ‘Wine’ Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine

The following designation for meat is applicable from 1st January 2003: Definition Designation Skeletal muscles** of mammalian and bird species recognised as fit for ‘…meat’ and the human consumption with naturally included or adherent tissue, where name(s)* of the animal the total fat and connective tissue content does not exceed the values species from which it indicated below and where the meat constitutes an ingredient of another comes foodstuff 1. The products covered by the Community definition of ‘mechanically recovered meat’ are excluded from this definition. Maximum fat and connective tissue content for ingredients designated by the term ‘…meat’: Species Fat (%) Connective tissue (%) Mammals (other than rabbits and 25 25 porcines) and mixtures of species with mammals predominating Porcines 30 25 Birds and rabbits 15 10

If these maximum limits are exceeded, but all the other criteria for the definition of ‘…meat’ are satisfied, the ‘…meat’ content must be adjusted downwards accordingly, and the list of ingredients must mention, in addition to the term ‘…meat’, the presence of fat and/or connective tissue.

1 The connective tissue content is calculated on the basis of the ratio between collagen content and meat protein content. The collagen content means the hydroxyproline content multiplied by a factor of 8.

* For labelling in English, this designation may be replaced by the generic name of the ingredient for the animal species concerned.

** The diaphragm and the masseters are part of the skeletal muscles, while the heart, tongue, the muscles of the head (other than the masseters), the muscles of the carpus, the tarsus and the tail are excluded.

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APPENDIX 2. CATEGORIES OF INGREDIENTS WHICH MUST BE DESIGNATED BY THE NAME OF THEIR CATEGORY FOLLOWED BY THEIR SPECIFIC NAME OR EC NUMBER

Categories of ingredients which must be designated by the name of their category followed by their specific name or European Communities number Acid Flour treatment agent Acidity regulator Gelling agent Anti-caking agent Glazing agent Anti-foaming agent Humectant Antioxidant Modified starch** Bulking agent Preservative Colour Propellant gas Emulsifier Raising agent Emulsifying salts* Stabilizer Firming agent Sweetener Flavour enhancer Thickener

* The category ‘Emulsifying salts’ can only used for processed cheeses or products based on processed cheeses.

** Modified starch must contain an indication of its specific vegetable origin if it contains gluten such as ‘Modified corn starch’ (its specific name or E number need not be indicated).

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APPENDIX 3. LIST OF E NUMBERS IN NUMERICAL ORDER

E numbers in numerical order

E number Name E 100 Curcumin E 101 Riboflavin (ii) Riboflavin-5'-phosphate E 102 Tartrazine E 104 Quinoline Yellow E 110 Sunset Yellow FCF, Orange Yellow S E 120 Cochineal, Carminic acid, Carmines E 122 Azorubine, Carmoisine E 123 Amaranth E 124 Ponceau 4R, Cochineal Red A E 127 Erythrosine E 128 Red 2G E 129 Allura Red AC E 131 Patent Blue V E 132 Indigotine, Indigo carmine E 133 Brilliant Blue FCF E 140 Chlorophylis and Chlorophyllins: (i) Chlorophylls (ii) Chlorophyllins E 141 Copper complexes of chlorophylls and chlorophyllins (i) Copper complexes of chlorophylls (ii) Copper complexes of chlorophyllins E 142 Greens S E 150a Plain caramel E 150b Caustic sulphite caramel E 150c Ammonia caramel E 150d Sulphite ammonia caramel E 151 Brilliant Black BN, Black PN E 153 Vegetable carbon E 154 Brown FK E 155 Brown HT E 160a Carotenes: (i) Mixed carotenes (ii) Beta-carotene E 160b Annatto, bixin, norbixin E 160c Paprika extract, capsanthin, capsorubin E 160d Lycopene E 160e Beta-apo-8'-carotenal (C 30) E 160f Ethyl ester of beta-apo-8'-carotenic acid (C 30) E 161b Lutein E 161g Canthaxanthin

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E number Name E 162 Beetroot Red, betanin E 163 Anthocyanins E 170 Calcium carbonates E 171 Titanium dioxide E 172 Iron oxides and hydroxides E 173 Aluminium E 174 Silver E 175 Gold E 180 Latolrubine BK E 200 Sorbic acid E 202 Potassium sorbate E 203 Calcium sorbate E 210 Benzoic acid E 211 Sodium benzoate E 212 Potassium benzoate E 213 Calcium benzoate E 214 Ethyl p-hydroxybenzoate E 215 Sodium ethyl p-hydroxybenzoate E 216 Propyl p-hydroxybenzoate E 217 Sodium propyl p-hydroxybenzoate E 218 Methyl p-hydroxybenzoate E 219 Sodium methyl p-hydroxybenzoate E 220 Sulphur dioxide E 221 Sodium sulphite E 222 Sodium hydrogen sulphite E 223 Sodium metabisulphite E 224 Potassium metabisulphite E 226 Calcium sulphite E 227 Calcium hydrogen sulphite E 228 Potassium hydrogen sulphite E 230 Biphenyl, diphenyl E 231 Orthophenyl phenol E 232 Sodium orthophenyl phenol E 233 Thiabendazole E 234 Nisin E 235 Natamycin

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E number Name E 239 Hexamethylene tetramine E 242 Dimethyl dicarbonate E 249 Potassium nitrite E 250 Sodium nitrite E 251 Sodium nitrate E 252 Potassium nitrate E 260 Acetic acid E 261 Potassium acetate E 262 Sodium acetates (i) Sodium acetate (ii) Sodium hydrogen acetate (sodium diacetate) E 263 Calcium acetate E 270 Lactic acid E 280 Propionic acid E 281 Sodium propionate E 282 Calcium propionate E 283 Potassium propionate E 284 Boric acid E 285 Sodium tetraborate (borax) E 290 Carbon dioxide E 296 Malic acid E 297 Fumaric acid E 300 Ascorbic acid E 301 Sodium ascorbate E 302 Calcium ascorbate E 304 Fatty acid esters of ascorbic acid (i) Ascorbyl palmitate (ii) Ascorbyl stearate E 306 Tocopherol-rich extract E 307 Alpha-tocopherol E 308 Gamma-tocopherol E 309 Delta-tocopherol E 310 Propyl gallate E 311 Octyl gallate E 312 Dodecyl gallate E 315 Erythorbic acid E 316 Sodium erythorbate E 320 Butylated hydroxyanisole (BHA) E 321 Butylated hydroxytoluene (BHT) E 322 Lecithins

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E number Name E 325 Sodium lactate E 326 Potassium lactate E 327 Calcium lactate E 330 Citric acid E 331 Sodium citrates (i) Monosodium citrate (ii) Disodium citrate (iii) Trisodium citrate E 332 Potassium citrates (i) Monopotassium citrate (ii) Tripotassium citrate E 333 Calcium citrates (i) Monocalcium citrate (ii) Dicalcium citrate (iii) Tricalcium citrate E 334 Tartaric acid (L(+)-) E 335 Sodium tartrates (i) Monosodium tartrate (ii) Disodium tartrate E 336 Potassium tartrates (i) Monopotassium tartrate (ii) Dipotassium tartrate E 337 Sodium potassium tartrate E 338 Phosphoric acid E 339 Sodium phosphates (i) Monosodium phosphate (ii) Disodium phosphate (iii) Trisodium phosphate E 340 Potassium phosphates (i) Monopotassium phosphate (ii) Dipotassium phosphate (iii) Tripotassium phosphate E 341 Calcium phosphates (i) Monocalcium phosphate (ii) Dicalcium phosphate (iii) Tricalcium phosphate E 343 Magnesium phosphates (i) monomagnesium phosphate (ii) Dimagnesium phosphate [Note - this additive is under discussion and may be included in a future amendment to the Directive on miscellaneous additives] E 350 Sodium malates (i) Sodium malate (ii) Sodium hydrogen malate E 351 Potassium malate E 352 Calcium malates (i) Calcium malate (ii) Calcium hydrogen malate E 353 Metatartaric acid E 354 Calcium tartrate E 355 Adipic acid E 356 Sodium adipate E 357 Potassium adipate E 363 Succinic acid E 380 Triammonium citrate E 385 Calcium disodium ethylene diamine tetra-acetate (Calcium disodium EDTA) E 400 Alginic acid E 401 Sodium alginate E 402 Potassium alginate E 403 Ammonium alginate

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E number Name E 404 Calcium alginate E 405 Propan-1,2-diol alginate E 406 Agar E 407 Carrageenan E 407a Processed eucheuma seaweed E 410 Locust bean gum E 412 Guar gum E 413 Tragacanth E 414 Acacia gum (gum arabic) E 415 Xanthan gum E 416 Karaya gum E 417 Tara gum E 418 Gellan gum E 420 Sorbitol (i) Sorbitol (ii) Sorbitol syrup E 421 Mannitol E 422 Glycerol E 425 Konjac (i) Konjac gum (ii) Konjac glucomannane E 431 Polyoxyethylene (40) stearate E 432 Polyoxyethylene sorbitan monolaurate (polysorbate 20) E 433 Polyoxyethylene sorbitan monooleate (polysorbate 80) E 434 Polyoxyethylene sorbitan monopalmitate (polysorbate 40) E 435 Polyoxyethylene sorbitan monostearate (polysorbate 60) E 436 Polyoxyethylene sorbitan tristearate (polysorbate 65) E 440 Pectins (i) pectin (ii) amidated pectin E 442 Ammonium phosphatides E 444 Sucrose acetate isobutyrate E 445 Glycerol esters of wood rosins E 450 Diphosphates (i) Disodium diphosphate (ii) Trisodium diphosphate (iii) Tetrasodium diphosphate (iv) Dipotassium diphosphate (v) Tetrapotassium diphosphate (vi) Dicalcium diphosphate (vii) Calcium dihydrogen diphosphate E 451 Triphosphates (i) Pentasodium triphosphate (ii) Pentapotassium triphosphate E 452 Polyphosphates (i) Sodium polyphosphates (ii) Potassium polyphosphates (iii) Sodium calcium polyphosphate (iv) Calcium polyphophates E 459 Beta-cyclodextrine [Note - this additive was added in October 1998 by Directive 98/72] E 460 Cellulose (i) Microcrystalline cellulose (ii) Powdered cellulose E 461 Methyl cellulose

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E number Name E 463 Hydroxypropyl cellulose E 464 Hydroxypropyl methyl cellulose E 465 Ethyl methyl cellulose E 466 Carboxy methyl cellulose, Sodium carboxy methyl cellulose E 468 Crosslinked sodium carboxymethyl cellulose E 469 Enzymically hydrolysed carboxy methyl cellulose E 470a Sodium, potassium and calcium salts of fatty acids E 470b Magnesium salts of fatty acids E 471 Mono- and diglycerides of fatty acids E 472a Acetic acid esters of mono- and diglycerides of fatty acids E 472b Lactic acid esters of mono- and diglycerides of fatty acids E 472c Citric acid esters of mono- and diglycerides of fatty acids E 472d Tartaric acid esters of mono- and diglycerides of fatty acids E 472e Mono- and diacetyl tartaric acid esters of mono- and diglycerides of fatty acids E 472f Mixed acetic and tartaric acid esters of mono- and diglycerides of fatty acids E 473 Sucrose esters of fatty acids E 474 Sucroglycerides E 475 Polyglycerol esters of fatty acids E 476 Polyglycerol polyricinoleate E 477 Propane-1,2-diol esters of fatty acids E 479b Thermally oxidized soya bean oil interacted with mono- and diglycerides of fatty acids E 481 Sodium stearoyl-2-lactylate E 482 Calcium stearoyl-2-lactylate E 483 Stearyl tartrate E 491 Sorbitan monostearate E 492 Sorbitan tristearate E 493 Sorbitan monolaurate E 494 Sorbitan monooleate E 495 Sorbitan monopalmitate E 500 Sodium carbonates (i) Sodium carbonate (ii) Sodium hydrogen carbonate (iii) Sodium sesquicarbonate E 501 Potassium carbonates (i) Potassium carbonate (ii) Potassium hydrogen carbonate E 503 Ammonium carbonates (i) Ammonium carbonate (ii) Ammonium hydrogen carbonate

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E number Name E 504 Magnesium carbonates (i) Magnesium carbonate (ii) Magnesium hydroxide carbonate (syn. Magnesium hydrogen carbonate) E 507 Hydrochloric acid E 508 Potassium chloride E 509 Calcium chloride E 511 Magnesium chloride E 512 Stannous chloride E 513 Sulphuric acid E 514 Sodium sulphates (i) Sodium sulphate (ii) Sodium hydrogen sulphate E 515 Potassium sulphates (i) Potassium sulphate (ii) Potassium hydrogen sulphate E 516 Calcium sulphate E 517 Ammonium sulphate E 520 Aluminium sulphate E 521 Aluminium sodium sulphate E 522 Aluminium potassium sulphate E 523 Aluminium ammonium sulphate E 524 Sodium hydroxide E 525 Potassium hydroxide E 526 Calcium hydroxide E 527 Ammonium hydroxide E 528 Magnesium hydroxide E 529 Calcium oxide E 530 Magnesium oxide E 535 Sodium ferrocyanide E 536 Potassium ferrocyanide E 538 Calcium ferrocyanide E 541 Sodium aluminium phosphate, acidic E 551 Silicon dioxide E 552 Calcium silicate E 553a (i) Magnesium silicate (ii) Magnesium trisilicate E 553b Talc E 554 Sodium aluminium silicate E 555 Potassium aluminium silicate E 556 Calcium aluminium silicate E 558 Bentonite E 559 Aluminium silicate (Kaolin)

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E number Name E 570 Fatty acids E 574 Gluconic acid E 575 Glucono-delta-lactone E 576 Sodium gluconate E 577 Potassium gluconate E 578 Calcium gluconate E 579 Ferrous gluconate E 585 Ferrous lactate E 620 Glutamic acid E 621 Monosodium glutamate E 622 Monopotassium glutamate E 623 Calcium diglutamate E 624 Monoammonium glutamate E 625 Magnesium diglutamate E 626 Guanylic acid E 627 Disodium guanylate E 628 Dipotassium guanylate E 629 Calcium guanylate E 630 Inosinic acid E 631 Disodium inosinate E 632 Dipotassium inosinate E 633 Calcium inosinate E 634 Calcium 5'-ribonucleotides E 635 Disodium 5'-ribonucleotides E 640 Glycine and its sodium salt E 900 Dimethyl polysiloxane E 901 Beeswax, white and yellow E 902 Candelilla wax E 903 Carnauba wax E 904 Shellac E 905 Microcrystalline wax E 912 Montanic acid esters E 914 Oxidized polyethylene wax E 920 L-Cysteine E 927b Carbamide E 938 Argon E 939 Helium

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E number Name E 941 Nitrogen E 942 Nitrous oxide E 943a Butane E 943b Isobutane E 944 Propane E 948 Oxygen E 949 Hydrogen E 950 Acesulfame K E 951 Aspartame E 952 Cyclamic acid and its Na and Ca salts E 953 Isomalt E 954 Saccharin and its Na, K and Ca salts E 957 Thaumatin E 959 Neohesperidine DC E 965 Maltitol (i) Maltitol (ii) Maltitol syrup E 966 Lactitol E 967 Xylitol E 999 Quillaia extract E 1103 Invertase E 1105 Lysozyme E 1200 Polydextrose E 1201 Polyvinylpyrrolidone E 1202 Polyvinylpolypyrrolidone E 1404 Oxidized starch E 1410 Monostarch phosphate E 1412 Distarch phosphate E 1413 Phosphated distarch phosphate E 1414 Acetylated distarch phosphate E 1420 Acetylated starch E 1422 Acetylated distarch adipate E 1440 Hydroxy propyl starch E 1442 Hydroxy propyl distarch phosphate E 1451 Acetylated oxidised starch E 1450 Starch sodium octenyl succinate E 1505 Triethyl citrate E 1518 Glyceryl triacetate (triacetin) E 1520 Propan-1,2-diol (propylene glycol)

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E numbers in alphabetical order

E number Name E 414 Acacia gum (gum arabic) E 950 Acesulfame K E 260 Acetic acid E 472a Acetic acid esters of mono- and diglycerides of fatty acids E 1422 Acetylated distarch adipate E 1414 Acetylated distarch phosphate E 1451 Acetylated oxidised starch E 1420 Acetylated starch E 355 Adipic acid E 406 Agar E 400 Alginic acid E 129 Allura Red AC E 307 Alpha-tocopherol E 173 Aluminium E 523 Aluminium ammonium sulphate E 522 Aluminium potassium sulphate E 559 Aluminium silicate (Kaolin) E 521 Aluminium sodium sulphate E 520 Aluminium sulphate E 123 Amaranth E 150c Ammonia caramel E 403 Ammonium alginate E 503 Ammonium carbonates (i) Ammonium carbonate (ii) Ammonium hydrogen carbonate E 527 Ammonium hydroxide E 442 Ammonium phosphatides E 517 Ammonium sulphate E 160b Annatto, bixin, norbixin E 163 Anthocyanins E 938 Argon E 300 Ascorbic acid E 951 Aspartame E 122 Azorubine, Carmoisine E 901 Beeswax, white and yellow E 162 Beetroot Red, betanin

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E number Name E 558 Bentonite E 210 Benzoic acid E 160e Beta-apo-8'-carotenal (C 30) E 459 Beta-cyclodextrine [Note - this additive was added in October 1998 by Directive 98/72] E 230 Biphenyl, diphenyl E 284 Boric acid E 151 Brilliant Black BN, Black PN E 133 Brilliant Blue FCF E 154 Brown FK E 155 Brown HT E 943a Butane E 320 Butylated hydroxyanisole (BHA) E 321 Butylated hydroxytoluene (BHT) E 634 Calcium 5'-ribonucleotides E 263 Calcium acetate E 404 Calcium alginate E 556 Calcium aluminium silicate E 302 Calcium ascorbate E 213 Calcium benzoate E 170 Calcium carbonates E 509 Calcium chloride E 333 Calcium citrates (i) Monocalcium citrate (ii) Dicalcium citrate (iii) Tricalcium citrate E 623 Calcium diglutamate E 385 Calcium disodium ethylene diamine tetra-acetate (Calcium disodium EDTA) E 538 Calcium ferrocyanide E 578 Calcium gluconate E 629 Calcium guanylate E 227 Calcium hydrogen sulphite E 526 Calcium hydroxide E 633 Calcium inosinate E 327 Calcium lactate E 352 Calcium malates (i) Calcium malate (ii) Calcium hydrogen malate E 529 Calcium oxide E 341 Calcium phosphates (i) Monocalcium phosphate (ii) Dicalcium phosphate (iii) Tricalcium phosphate

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E number Name E 282 Calcium propionate E 552 Calcium silicate E 203 Calcium sorbate E 482 Calcium stearoyl-2-lactylate E 516 Calcium sulphate E 226 Calcium sulphite E 354 Calcium tartrate E 902 Candelilla wax E 161g Canthaxanthin E 927b Carbamide E 290 Carbon dioxide E 466 Carboxy methyl cellulose, Sodium carboxy methyl cellulose E 903 Carnauba wax E 160a Carotenes: (i) Mixed carotenes (ii) Beta-carotene E 407 Carrageenan E 150b Caustic sulphite caramel E 460 Cellulose (i) Microcrystalline cellulose (ii) Powdered cellulose E 140 Chlorophylis and Chlorophyllins: (i) Chlorophylls (ii) Chlorophyllins E 330 Citric acid E 472c Citric acid esters of mono- and diglycerides of fatty acids E 120 Cochineal, Carminic acid, Carmines E 141 Copper complexes of chlorophylls and chlorophyllins (i) Copper complexes of chlorophylls (ii) Copper complexes of chlorophyllins E 468 Crosslinked sodium carboxymethyl cellulose E 100 Curcumin E 952 Cyclamic acid and its Na and Ca salts E 309 Delta-tocopherol E 242 Dimethyl dicarbonate E 900 Dimethyl polysiloxane E 450 Diphosphates (i) Disodium diphosphate (ii) Trisodium diphosphate(iii) Tetrasodium diphosphate (iv) Dipotassium diphosphate (v) Tetrapotassium diphosphate (vi) Dicalcium diphosphate (vii) Calcium dihydrogen diphosphate E 628 Dipotassium guanylate E 632 Dipotassium inosinate E 635 Disodium 5'-ribonucleotides E 627 Disodium guanylate E 631 Disodium inosinate

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E number Name E 1412 Distarch phosphate E 312 Dodecyl gallate E 469 Enzymically hydrolysed carboxy methyl cellulose E 315 Erythorbic acid E 127 Erythrosine E 160f Ethyl ester of beta-apo-8'-carotenic acid (C 30) E 465 Ethyl methyl cellulose E 214 Ethyl p-hydroxybenzoate E 304 Fatty acid esters of ascorbic acid (i) Ascorbyl palmitate (ii) Ascorbyl stearate E 570 Fatty acids E 579 Ferrous gluconate E 585 Ferrous lactate E 297 Fumaric acid E 308 Gamma-tocopherol E 418 Gellan gum E 574 Gluconic acid E 575 Glucono-delta-lactone E 620 Glutamic acid E 422 Glycerol E 445 Glycerol esters of wood rosins E 1518 Glyceryl triacetate (triacetin) E 640 Glycine and its sodium salt E 175 Gold E 142 Greens S E 412 Guar gum E 939 Helium E 239 Hexamethylene tetramine E 507 Hydrochloric acid E 949 Hydrogen E 1442 Hydroxy propyl distarch phosphate E 1440 Hydroxy propyl starch E 463 Hydroxypropyl cellulose E 464 Hydroxypropyl methyl cellulose E 132 Indigotine, Indigo carmine E 630 Inosinic acid E 1103 Invertase

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E number Name E 172 Iron oxides and hydroxides E 943b Isobutane E 953 Isomalt E 416 Karaya gum E 425 Konjac (i) Konjac gum (ii) Konjac glucomannane E 270 Lactic acid E 472b Lactic acid esters of mono- and diglycerides of fatty acids E 966 Lactitol E 180 Latolrubine BK E 920 L-Cysteine E 322 Lecithins E 410 Locust bean gum E 161b Lutein E 160d Lycopene E 1105 Lysozyme E 504 Magnesium carbonates (i) Magnesium carbonate (ii) Magnesium hydroxide carbonate (syn. Magnesium hydrogen carbonate) E 511 Magnesium chloride E 625 Magnesium diglutamate E 626 Guanylic acid E 528 Magnesium hydroxide E 530 Magnesium oxide E 343 Magnesium phosphates (i) monomagnesium phosphate (ii) Dimagnesium phosphate [Note - this additive is under discussion and may be included in a future amendment to the Directive on miscellaneous additives] E 470b Magnesium salts of fatty acids E 553a (i) Magnesium silicate (ii) Magnesium trisilicate E 296 Malic acid E 965 Maltitol (i) Maltitol (ii) Maltitol syrup E 421 Mannitol E 353 Metatartaric acid E 461 Methyl cellulose E 218 Methyl p-hydroxybenzoate E 905 Microcrystalline wax E 472f Mixed acetic and tartaric acid esters of mono- and diglycerides of fatty acids E 472e Mono- and diacetyl tartaric acid esters of mono- and diglycerides of fatty acids E 471 Mono- and diglycerides of fatty acids E 624 Monoammonium glutamate

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E number Name E 622 Monopotassium glutamate E 621 Monosodium glutamate E 1410 Monostarch phosphate E 912 Montanic acid esters E 235 Natamycin E 959 Neohesperidine DC E 234 Nisin E 941 Nitrogen E 942 Nitrous oxide E 311 Octyl gallate E 231 Orthophenyl phenol E 914 Oxidized polyethylene wax E 1404 Oxidized starch E 948 Oxygen E 160c Paprika extract, capsanthin, capsorubin E 131 Patent Blue V E 440 Pectins (i) pectin (ii) amidated pectin E 1413 Phosphated distarch phosphate E 338 Phosphoric acid E 150a Plain caramel E 1200 Polydextrose E 475 Polyglycerol esters of fatty acids E 476 Polyglycerol polyricinoleate E 431 Polyoxyethylene (40) stearate E 432 Polyoxyethylene sorbitan monolaurate (polysorbate 20) E 433 Polyoxyethylene sorbitan monooleate (polysorbate 80) E 434 Polyoxyethylene sorbitan monopalmitate (polysorbate 40) E 435 Polyoxyethylene sorbitan monostearate (polysorbate 60) E 436 Polyoxyethylene sorbitan tristearate (polysorbate 65) E 452 Polyphosphates (i) Sodium polyphosphates (ii) Potassium polyphosphates (iii) Sodium calcium polyphosphate (iv) Calcium polyphophates E 1202 Polyvinylpolypyrrolidone E 1201 Polyvinylpyrrolidone E 124 Ponceau 4R, Cochineal Red A E 261 Potassium acetate E 357 Potassium adipate E 402 Potassium alginate

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E number Name E 555 Potassium aluminium silicate E 212 Potassium benzoate E 501 Potassium carbonates (i) Potassium carbonate (ii) Potassium hydrogen carbonate E 508 Potassium chloride E 332 Potassium citrates (i) Monopotassium citrate (ii) Tripotassium citrate E 536 Potassium ferrocyanide E 577 Potassium gluconate E 228 Potassium hydrogen sulphite E 525 Potassium hydroxide E 326 Potassium lactate E 351 Potassium malate E 224 Potassium metabisulphite E 252 Potassium nitrate E 249 Potassium nitrite E 340 Potassium phosphates (i) Monopotassium phosphate (ii) Dipotassium phosphate (iii) Tripotassium phosphate E 283 Potassium propionate E 202 Potassium sorbate E 515 Potassium sulphates (i) Potassium sulphate (ii) Potassium hydrogen sulphate E 336 Potassium tartrates (i) Monopotassium tartrate (ii) Dipotassium tartrate E 407a Processed eucheuma seaweed E 1520 Propan-1,2-diol (propylene glycol) E 405 Propan-1,2-diol alginate E 944 Propane E 477 Propane-1,2-diol esters of fatty acids E 280 Propionic acid E 310 Propyl gallate E 216 Propyl p-hydroxybenzoate E 999 Quillaia extract E 104 Quinoline Yellow E 128 Red 2G E 101 (i) Riboflavin (ii) Riboflavin-5'-phosphate E 954 Saccharin and its Na, K and Ca salts E 904 Shellac E 551 Silicon dioxide E 174 Silver

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E number Name E 262 Sodium acetates (i) Sodium acetate (ii) Sodium hydrogen acetate (sodium diacetate) E 356 Sodium adipate E 401 Sodium alginate E 541 Sodium aluminium phosphate, acidic E 554 Sodium aluminium silicate E 301 Sodium ascorbate E 211 Sodium benzoate E 500 Sodium carbonates (i) Sodium carbonate (ii) Sodium hydrogen carbonate (iii) Sodium sesquicarbonate E 331 Sodium citrates (i) Monosodium citrate (ii) Disodium citrate (iii) Trisodium citrate E 316 Sodium erythorbate E 215 Sodium ethyl p-hydroxybenzoate E 535 Sodium ferrocyanide E 576 Sodium gluconate E 222 Sodium hydrogen sulphite E 524 Sodium hydroxide E 325 Sodium lactate E 350 Sodium malates (i) Sodium malate (ii) Sodium hydrogen malate E 223 Sodium metabisulphite E 219 Sodium methyl p-hydroxybenzoate E 251 Sodium nitrate E 250 Sodium nitrite E 232 Sodium orthophenyl phenol E 339 Sodium phosphates (i) Monosodium phosphate (ii) Disodium phosphate (iii) Trisodium phosphate E 337 Sodium potassium tartrate E 281 Sodium propionate E 217 Sodium propyl p-hydroxybenzoate E 481 Sodium stearoyl-2-lactylate E 514 Sodium sulphates (i) Sodium sulphate (ii) Sodium hydrogen sulphate E 221 Sodium sulphite E 335 Sodium tartrates (i) Monosodium tartrate (ii) Disodium tartrate E 285 Sodium tetraborate (borax) E 470a Sodium, potassium and calcium salts of fatty acids E 200 Sorbic acid

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E number Name E 493 Sorbitan monolaurate E 494 Sorbitan monooleate E 495 Sorbitan monopalmitate E 491 Sorbitan monostearate E 492 Sorbitan tristearate E 420 Sorbitol (i) Sorbitol (ii) Sorbitol syrup E 512 Stannous chloride E 1450 Starch sodium octenyl succinate E 483 Stearyl tartrate E 363 Succinic acid E 474 Sucroglycerides E 444 Sucrose acetate isobutyrate E 473 Sucrose esters of fatty acids E 150d Sulphite ammonia caramel E 220 Sulphur dioxide E 513 Sulphuric acid E 110 Sunset Yellow FCF, Orange Yellow S E 553b Talc E 417 Tara gum E 334 Tartaric acid (L(+)-) E 472d Tartaric acid esters of mono- and diglycerides of fatty acids E 102 Tartrazine E 957 Thaumatin E 479b Thermally oxidized soya bean oil interacted with mono- and diglycerides of fatty acids E 233 Thiabendazole E 171 Titanium dioxide E 306 Tocopherol-rich extract E 413 Tragacanth E 380 Triammonium citrate E 1505 Triethyl citrate E 451 Triphosphates (i) Pentasodium triphosphate (ii) Pentapotassium triphosphate E 153 Vegetable carbon E 415 Xanthan gum E 967 Xylitol

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APPENDIX 4. LEGISLATION CONTROLLING ADDITIVES, COLOURS AND SWEETENERS IN FOOD

1(a) European Union Legislation • Council Directive 89/107/EEC on the approximation of Member States laws on food additives authorised for human consumption • European Parliament and Council Directive 94/34/EC amending Directive 89/107/EEC on the approximation of the laws of Member States concerning food additives authorised for use in foodstuffs intended for human consumption • Council Directive 94/35/EC on sweeteners for use in foodstuffs • Council Directive 94/36/EC on colours for use in foodstuffs • Commission Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs • Commission Directive 95/45/EC laying down specific purity criteria concerning colours for use in foodstuffs • Directive 96/83/EC of the European Parliament and of the Council of 19 December 1996 amending Directive 94/35/EC on sweeteners for use in foodstuffs • Commission Directive 98/66/EC of 4 September 1998 amending Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs • Commission Directive 99/75/EC amending Commission Directive 95/45/EC laying down specific purity criteria concerning colours for use in foodstuffs

1(b) National Legislation The above are transposed by: • European Communities (Additives, Colours and Sweeteners in Foodstuffs) Regulations, 2000 (S.I. No. 437 of 2000)

2(a) European Union Legislation • European Parliament and Council Directive 95/2/EC on food additives other than colours and sweeteners • Directive 96/85/EC of the European Parliament and of the Council amending Directive 95/2/EC on food additives other than colours and sweeteners • Directive 98/72/EC of the European Parliament and of the Council amending Directive 95/2/EC on food additives other than colours and sweeteners

2(b) National Legislation The above are transposed by: European Communities (Food Additives other than Colours and Sweeteners) Regulations, 1999 (S.I. No. 288 of 1999)

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3(a) European Union Legislation • Commission Directive 96/77/EC laying down specific purity criteria on food additives other than colours and sweeteners

3(b) National Legislation The above is transposed by: • European Communities (Purity Criteria on Food Additives other than Colours and Sweeteners) Regulations, 1998 (S.I. No. 541 of 2000)

4(a) European Union Legislation • Commission Directive 98/86/EC of 11 November 1998 amending Commission Directive 96/77/EC laying down specific purity criteria on food additives other than colours and sweeteners

4(b) National Legislation The above is transposed by: • European Communities (Purity Criteria on Food Additives other than Colours and Sweeteners) (Amendment) Regulations, 2000 (S.I. No. 438 of 2000).

5(a) European Union Legislation • Commission Directive 2000/51 amending Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs was published in the Official Journal of the EC, 4/8/00, L 198/41-43.

5(b) National Legislation • This Directive has yet to be transposed.

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APPENDIX 5. GENERAL LABELLING RULES

1. EU Labelling Directives:

Council Directive 2000/13/EC and amendments

Commission Directives: • 83/463/EEC introducing temporary measures for the designation of certain ingredients in the labelling of foodstuffs for sale to the ultimate consumer i.e. establishing a temporary numbering system for additives without E numbers until new rules are adopted • 87/250/EEC on the indication of alcoholic strength by volume in the labelling of alcoholic beverages for sale to the ultimate consumer • 94/54/EEC concerning the compulsory indication on the labelling of certain foodstuffs of particulars other than those provided for in Directive 79/112/EC as amended above • 1999/10/EC providing for derogations from the provisions of Article 7 of Council Directive 79/112/EEC regarding the labelling of foodstuffs i.e. providing exemptions to the quantity of ingredients declaration (QUID) • 2001/101/EC amending Directive 2000/13/EC relating to the labelling, presentation and advertising of foodstuffs

Council Directives: • 96/21/EC amending Commission Directive 94/54/EC concerning the compulsory indication on the labelling of certain foodstuffs of particulars other than those provided for in Directive 79/112/EC i.e. the declaration of sweeteners

2. National Labelling Legislation:

• European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations, 2000 (S.I. No. 92 of 2000)

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APPENDIX 6. SPECIFIC COMMODITY LABELLING RULES

1. Beef and beef products

European legislation • European Communities Regulation (EC) No. 1760/2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products.

National Legislation • European Communities (Labelling of Beef and Beef Products) Regulations, 2000 (S.I. No. 435 of 2000)

Minced meat and minced meat products

European legislation • Council Directive 94/65/EC laying down the requirements for the production and placing on the market of minced meat and meat preparations

National Legislation • European Communities (Minced meat and meat preparations) Regulations, 1996 (S.I. No. 243 of 1996)

Fresh meat

European legislation Council Directive 64/433/EEC as amended on health problems affecting intra-Community trade in fresh meat.

National Legislation The European Communities (Fresh Meat) Regulations, 1997 (S.I. No. 434 of 1997)

Meat products and other products of animal origin

European legislation • Council Directive 77/99/EEC regulating health problems in intra-Community trade in meat products as amended

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National Legislation • European Communities (Meat Products and Other Products of Animal Origin) Regulations, 1995 (S.I. No. 126 of 1995) • European Communities (Meat Products and Other Products of Animal Origin) Regulations, 1997 (S.I. No. 175 of 1997) • European Communities (Meat Products and Other Products of Animal Origin) Regulations, 2000 (S.I. No. 93 of 2000)

2. Cocoa and chocolate products

European legislation • Council Directive 2000/36/EC relating to cocoa and chocolate products intended for human consumption • Council Directive 73/241/EEC on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption • Council Directive 74/411/EEC amending 73/241/EEC on the approximation of the laws of Member States relating to cocoa and chocolate products intended for human consumption • Council Directive 74/644/EEC amending 73/241/EEC on the approximation of the laws of Member States relating to cocoa and chocolate products intended for human consumption • Council Directive 75/155/EEC amending 73/241/EEC on the approximation of the laws of Member States relating to cocoa and chocolate products intended for human consumption

National Legislation • Food Standards (Cocoa and Chocolate Products) (European Communities) Regulations, 1975 (S.I. No. 180 of 1975)

3. Coffee and coffee products

European legislation • Commission Directive 79/1066/EEC laying down Community methods of analysis for testing coffee extracts and chicory extracts • Directive 1999/4/EC relating to coffee extracts and chicory extracts

National Legislation • European Communities (Marketing of Coffee Extracts and Chicory Extracts) Regulations, 2000 (S.I. No. 281 of 2000)

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4. Fruit juices and fruit nectars

European legislation • Council Directive 93/77/EEC on the approximation of the laws of Member States concerning fruit juices and certain similar products

National Legislation • Food Standards (Fruit Juices and Fruit Nectars)(European Communities) Regulations, 1978 (S.I. No.173 of 1978) • Food Standards (Fruit Juices and Fruit Nectars)(European Communities) (Amendment) Regulations, 1984 (S.I. No. 266 of 1984) • Food Standards (Fruit Juices and Fruit Nectars)(European Communities) (Amendment) Regulations, 1992 (S.I. No. 27 of 1992) • Food Standards (Fruit Juices and Fruit Nectars)(European Communities) (Amendment) Regulations, 1994 (S.I. No 203 of 1994)

5. Honey

European legislation • Council Directive 74/409/EEC on the harmonization of the laws of Member States relating to honey

National Legislation • Food Standards (Honey) (European Communities) Regulations, 1976 (S.I. No. 155 of 1976)

6. Spreadable fats

European legislation • Council Regulation (EC) No. 2991/94 laying down the standards for spreadable fats

7. Milk and milk products

European legislation Protection of reserved names • Council Regulation (EC) No. 1898/1987 on the protection of designations used in the marketing of milk and milk products

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Drinking Milk • Council Regulation (EC) No. 2597/1997 laying down additional rules on the common organisation of the market in milk and milk products for drinking milk

Raw milk, heat-treated milk and milk-based products • Council Directive 92/46/EEC and its amendments laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products

National Legislation • European Communities (Hygienic Production and Placing on the Market of Raw Milk, Heat Treated Milk and Milk based Products) Regulations, 1996 (S.I. No. 9 of 1996)

8. Dehydrated preserved milk

European legislation • Council Directive 76/118/EC on the approximation of the laws of the Member States relating to certain partly or wholly dehydrated preserved milk for human consumption

National Legislation • European Communities (Dehydrated Preserved Milk) Regulations, 1980 (S.I. No. 152 of 1980) and its amendments (S.I. No. 68 of 1987 and S.I. No. 167 of 1990)

9. Sugars

European legislation • Council Directive 73/473/EEC on the approximation of the laws of the Member States concerning certain sugars intended for human consumption • Commission Directive 79/796/EEC laying down Community methods of analysis for testing certain sugars intended for human consumption

National Legislation • Food Standards (Certain Sugars) (European Communities) Regulations, 1975 (S.I. No. 118 of 1975) • Food Standards (Certain Sugars) (European Communities) Regulations, 1981 (S.I. No. 412 of 1981)

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10. Quick frozen foods

European legislation • Council Directive 89/108/EC on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption

National Legislation • European Communities (Quick Frozen Foodstuffs) Regulations, 1992 (S.I. No. 290 of 1992)

11. Jams and jam product

European legislation • Council Directive 79/693/EEC on the approximation of the laws of the Member States relating to fruit jams, jellies and marmalades and chestnut puree

National Legislation • European Communities (Fruit Jams, Jellies and Marmalades and Chestnut Puree) Regulations, 1982 (S.I. No. 250 of 1982) • European Communities (Fruit Jams, Jellies and Marmalades and Chestnut Puree)(Amendment) Regulations, 1991 (S.I. No. 319 of 1991)

12. Natural mineral waters

European legislation • Council Directive 80/777/EEC on the approximation of the laws of the Member States relating to the exploitation and marketing of Natural Mineral Waters as amended by Council Directives 96/70/EC

National Legislation • European Communities (Natural Mineral Waters) Regulations, 1986 (S.I. No. 11 of 1986) • European Communities (Natural Mineral Waters) (Amendment) Regulations, 1998 (S.I. No. 461 of 1998)

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13. Hens eggs

European legislation • Council Regulation (EC) No. 1907/90 and 2617/1993, Commission Regulation (EC) No. 1274/1991, 2221/1992 and 1511/1996 and Council Decision 94/371/EC on certain marketing standards for eggs.

National Legislation • European Communities (Marketing Standards for eggs) Regulations, 1992 (S.I. No. 254 of 1992)

13.Wines/grape musts

European legislation • Council Regulation (EC) No. 1493/1999 regulating the marketing of wine

National Legislation • European Communities (Wine) Regulations, 1978 (S.I. No. 154 of 1978)

15. Spirit drinks

European legislation • Council Regulation (EC) No. 1576/1989 and Commission Regulation (EC) No. 1014/90 laying down the general rules on the definition, description and presentation of spirit drinks

National Legislation • European Communities (Definition, Description and Presentation of Spirit Drinks) Regulations, 1995 (S.I. No 300 of 1995) and its amendments (S.I. No 60 of 1996) (S.I. No 7 of 1998) • Irish Whiskey Act 1980 (No. 33 of 1980)

16. Olive oil

European legislation • Council Regulation (EC) No. 136/1966 regulating the marketing of oils and fats • Commission Regulation (EC) No. 2815/1998 and its amendments concerning the marketing standards for olive oil

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17. Fishery and aquaculture products

European legislation • Council Regulation (EC) No. 104/2000 on the common organisation of the markets in fishery and aquaculture products • Commission Regulation (EC) No. 2065/2001 laying down the rules for the application of Council Regulation (EC) No. 104/2000 as regards informing consumers about fishery and aquaculture products

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APPENDIX 7. MISCELLANEOUS LABELLING RULES

1. Identification of lot European Communities (Identification of Foodstuff Lot) Regulations, 1992 (S.I. No. 110 of 1992), implementing Council Directive 89/396/EEC, regulates the marks identifying the lot to which a foodstuff belongs.

2. Foodstuffs intended for particular nutritional uses European Communities (Foodstuffs Intended for Particular Nutritional Uses) Regulations, 1991 (S.I. No. 331 of 1991), implementing Council Directive 89/398/EEC.The Directive has been amended by Directives 96/84/EC and 1999/41/EC, on foodstuffs for particular nutritional uses and Commission Directive 2001/15/EC on substances that may be added for specific nutritional purposes in foods for particular nutritional uses.

3. Processed cereal based foods and baby foods European Communities (Processed Cereal Based Foods and Baby Foods for Infants and Young Children) Regulations, 2000 (S.I. No. 142 of 2000), implementing Commission Directive 96/5/EC and its amendments Commission Directives 1998/36/EC and 1999/39/EC, on processed cereal based foods and baby foods for infants and young children.

4. Foods intended for use in energy-restricted diets for weight reduction European Communities (Foods Intended for Use in Energy-Restricted Diets for Weight Reduction) Regulations, 1998 (S.I. No. 242 of 1998), implementing Commission Directive 96/8/EC on foods intended for use in energy-restricted diets for weight reduction.

5. Infant formulae and follow-on formuale European Communities (Infant Formulae and Follow-On Formuale) Regulations, 1998 (S.I. No 243 of 1998) and (Amendment) Regulations, 2000 (S.I. No. 446 of 2000), implementing Directive 91/321/EEC and its amendments 92/52/EEC, 96/4/EEC and 99/50/EEC on infant formulae and follow-on formulae.

6. Dietary foods for special medical purposes European Communities (Dietary Foods for Special Medical Purposes) Regulations, 2001 (S.I. No. 64 of 2001) implementing Commission Directive 1999/21/EC on dietary foods for special medical purposes.

7. Foodstuffs treated with ionising irradiation European Communities (Foodstuffs Treated with Ionising Irradiation) Regulations, 2000 (S.I. 297 of 2000) implementing Council Directive 1999/2/EC and 1999/3/EC, setting out the rules for the irradiation of foodstuffs.

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8. Sale of food and drugs Sale of Food and Drugs Acts 1875-1936

9. Additives, colours and sweeteners European Communities (Additives, Colours and Sweeteners in Foodstuffs) Regulations, 2000 (S.I. No 437 of 2000) implementing specified Directives as listed in Appendix 4.

10. Flavourings European Communities (Flavourings for use in Foodstuffs for Human Consumption) Regulations, 1992 (S.I. 22 of 1992) implementing Council Directive 88/388/EEC and Commission Directive 91/71/EEC relating to flavourings for use in foodstuffs.

11. Material and articles intended to come into contact with foodstuffs European Communities (Material and Articles Intended to Come into Contact with Foodstuffs) Regulations, 1991 (S.I. No. 307 of 1991) and it amendments, implementing the framework Direcitve 89/109/EEC and the Specific Directives on Plastics (90/128/EEC), Cellulose (83/229/EEC), Ceramics (78/142/EEC),Vinyl Chloride (84/500/EEC) and their amendments.

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APPENDIX 8. PRODUCTS ELIGIBLE FOR PDO, PGI AND TSG DESIGNATIONS

Products eligible for Protection of Designation of Origin (PDO) and Protection of Geographical Indication (PGI) intended for human consumption: • Fresh meat (and offal) • Meat-based products (cooked, salted, smoked, etc.) • Cheeses • Other products of animal origin (eggs, honey, milk products excluding butter) • Fruits, vegetables, cereals (whether processed or not) • Oils and Fats (butter, margarine, oils etc.) • Fish, molluscs, fresh crustaceans and fish based products • Beer • Natural mineral waters and spring waters • Beverages made from plant extracts • Bread, pastry, cakes, confectionery, biscuits and other baker’s wares • Natural gums and resins

Products eligible for Traditional Speciality Guaranteed (TSG or Certificate of Specific Character) intended for human consumption: • Fresh meat (and offal) • Meat-based products (cooked, salted, smoked, etc.) • Cheeses • Other products of animal origin (eggs, honey, milk products excluding butter) • Fruits, vegetables, cereals (whether processed or not) • Oils and Fats (butter, margarine, oils etc.) • Fish, molluscs, fresh crustaceans and fish based products • Beer • Chocolate and other food preparations containing cocoa • Breads, cakes, sweets and biscuits • Pasta including cooked or stuffed pasta • Prepared dishes • Prepared sauces • Soups and stocks • Drinks based on plant extracts • Ice-cream and sorbet

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APPENDIX 9. PRODUCTS REGISTERED AS PROTECTED GEOGRAPHICAL INDICATIONS (PGI) AND PROTECTED DESIGNATIONS OF ORIGIN (PDO) INTENDED FOR HUMAN CONSUMPTION UNDER COUNCIL REGULATION (EEC) NO. 2081/92

These Directives do not cover wines and spirits. Products are listed by their country of orign and the date when they were first registered.

FRESH MEAT (and offal)

Country Date SPAIN Carne de Ávila (PGI) 21.6.96 Carne de Morucha de Salamanca (PGI) " Pollo y Capón del Prat (PGI) " Ternasco de Aragón (PGI) " Ternera Gallega (PGI) 18.12.96 Cordero Manchego (PDO) 20.2.99 Lechazo de Castilla y León (PGI) 5.10.99

FRANCE Canard a’ foie gras du Sud-Quest (PGI) 27.6.00 Agneau du Limousin (PGI) 27.7.00 Agneau du Quercy (PGI) " Boeuf de Chalosse (PGI) " Veau de l’Aveyron et du Ségala (PGI) " Dinde de Bresse (PDO) " Volailles de Bresse (PDO) " Volailles de Houdan (PGI) " Agneau de l’Aveyron (PGI) " Agneau du Bourbonnais (PGI) " Boeuf charolais du Bourbonnais (PGI) " Boeuf du Maine (PGI) " Porc de la Sarthe 25.11.97 Porc de Normandie (PGI) " Porc de Vendée (PGI) " Porc du Limousin (PGI) " Veau du Limousin (PGI) 21.6.96 Volailles de l’Ain (PGI) " Volailles du Gers (PGI) "

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Country Date Volailles du Maine (PGI) 21.6.96 Volailles de Loué (PGI) " Volailles de l’Orléanais (PGI) " Volailles de Bourgogne (PGI) " Volailles du plateau de Langres (PGI) " Volailles du Charolais (PGI) " Volailles de Normandie (PGI) " Volailles de Bretagne (PGI) " Volailles de Challans (PGI) " Volailles de Vendée (PGI) " Volailles d’Alsace (PGI) " Volailles du Forez (PGI) " Volailles du Béarn (PGI) " Volailles de Cholet (PGI) " Volailles des Landes (PGI) " Volailles de Licques (PGI) " Volailles d’Auvergne (PGI) " Volailles du Velay (PGI) " Volailles du Val de Sèvres (PGI) " Volailles d’Ancenis (PGI) " Volailles de Janzé (PGI) " Volailes du Gatinais (PGI) " Volailles du Berry (PGI) " Volailles de la Champagne (PGI) " Volailles du Languedoc (PGI) " Volailles du Lauragais (PGI) " Volailles de Gascogne (PGI) " Volailles de la Drôme (PGI) "

GERMANY Diepholzer Moorschnucke (PDO) 21.1.98 Lüneburger Heidschnucke (PDO) " Schwäbisch-Hällisches Qualitätsschweinefleisch (PGI) 21.3.98

ITALY Cotechino Modena (PGI) 19.3.99

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Country Date Mortadella Bologna (PGI) 18.7.98 Vitellone bianco dell’Appennino Centrale (PGI) 21.1.98 Zampone Modena (PGI) 19.3.99

LUXEMBOURG Viande de porc, marque nationale grand-duché de Luxembourg (PGI) 21.6.96

PORTUGAL Borrego do Baixo Alentejo (PGI) 3.12.97 Borrego de Montemor-o-Novo (PGI) " Borrego Serra da Estrela (PDO) " Cabrito das Terras Altas do Minho (PGI) " Cabrito da Gralheira (PGI) " Cabrito da Beira (PGI) " Cabrito Transmontano (PDO) 2.7.96 Carne Barrosã (PDO) " Carne Maronesa (PDO) " Carne Mirandesa (PDO) " Vitela de Lafões (PGI) 21. 6.96 Borrego da Beira (PGI) " Cabrito de Barroso (PGI) " Borrego Terrincho (PDO) " Carnalentejana (PDO) " Carne Arouquesa (PDO) " Carne Marinhoa (PDO) " Carne Mertolenga (PDO) " Cordeiro Bragançano (PDO) "

UNITED KINGDOM Orkney beef (PDO) " Orkney lamb (PDO) " Scott beef (PGI) " Scott lamb (PGI) " Shetland lamb (PDO) "

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MEAT-BASED PRODUCTS

Country Date AUSTRIA Tiroler Speck (PGI) 13.6.97

BELGIUM Jambon d’Ardenne (PGI) 21.6.96

FRANCE Jambon de Bayonne (PGI) 7.10.98

GERMANY Ammerlander Dielenrauchschinken/Ammerlander Katenschinken (PGI) 24.1.97 Ammerlander Schinken/Ammerlander Knochenschinken (PGI " Schwarzwalder Schinken (PGI) " GreuBener Salami (PGI) 21.3.98

SPAIN Cecina de León (PGI) 21.6.96 Dehesa de Extremadura (PDO) " Guijuelo (PDO) " Jamón de Teruel (PDO) " Sobrasada de Mallorca (PGI) " Jamón de Huelva (PDO) 27.1.98

IRELAND Timoleague Brown Pudding (PGI) 7.11.00

ITALY Bresaola della Valtellina (PGI) 2.7.96 Capocollo di Calabria (PDO) 21.1.98 Coppa Piacentina (PDO) 2.7.96 Culatello di Zibello (PDO) " Pancetta di Calabria (PDO) 21.1.98 Pancetta Piacentina (PDO) 2.7.96

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Country Date Prosciutto di Carpegna (PDO) 2.7.96 Prosciutto di Parma (PDO) 21.6.96 Prosciutto di S. Daniele (PDO) " Prosciutto di Modena (PDO) " Prosciutto di Norcia (PGI) 13.6.97 Prosciutto Toscano (PDO) 2.7.96 Prosciutto Veneto Berico-Euganeo (PDO) 21.6.96 Salame di Varzi (PDO) " Salame Brianza (PDO) " Salame Piacentino (PDO) 2.7.96 Salsiccia di Calabria (PDO) 21.1.98 Soppressata di Calabria (PDO) " Speck dell’Alto Adige (PGI) 21.6.96 Valle d’Aosta Jambon de Bosses (PDO) 2.7.96 Valle d’Aosta Lard d’Arnad (PDO) "

LUXEMBOURG Salaisons fumées, marque nationale grand-duché de Luxembourg (PGI) 21.6.96

PORTUGAL Presunto de Barroso (PGI) " Cacholeira Branca de Portalegre (PGI) 27.9.97 Chouriça de CarnedeVinhais or Linguiça de Vinhais (PGI) 19.6.98 Chouriço de Portalegre (PGI) " Chouriço Mouro de Portalegre (PGI) " Farinheira de Portalegre (PGI) " Linguiça de Portalegre (PGI) " Lombo Branco de Portalegre (PGI) " Lombo Enguitado de Portalegre (PGI) " Morcela deAssar de Portalegre (PGI) " Morcelade Cozer de Portalegre (PGI) " Painho de Portalegre (PGI) " Presunto de Barrancos (PDO) 18.12.96 Salpicão de Vinhais (PGI) 19.6.98

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CHEESES

Country Date AUSTRIA Gailtaler Almkäse (PDO) 24.1.97 Tioler Bergkäse (PDO) 13.6.97 Tiroler Graukäse (PDO) 2.7.96 Tirolere Almkäse/Tiroler Alpkäse (PDO) 25.11.97 Vorarlberger Alpkäse (PDO) 13.6.97 Vorarlberger Bergkäse (PDO) "

BELGIUM Fromage de Herve (PDO) 2.7.96

DENMARK Danablu (PGI) 21.6.96 Esrom (PGI) "

GERMANY Allgäuer Bergkäse (PDO) 24.1.97 Allgäuer Emmentaler (PDO)(1) " Altenburger Ziegenkäse (PDO) " Odenwälder Frühstückskäse (PDO) 25.11.97

GREECE Anevato (PDO) 21.6.96 Galotyri (PDO) " Graviera Agrafon (PDO)(2) " Graviera Kritis (PDO)(2) " Graviera Naxou (PDO)(2) " Kalathaki Limnou (PDO) " Kasseri (PDO) " Katiki Domokou (PDO) " Kefalograviera (PDO) " Kopanisti (PDO) "

(1) Protection of the name ‘Emmentaler’ is not sought (2) Protection of the name ‘Graviera’ is not sought

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Country Date Ladotyri Mytilinis (PDO) " Manouri (PDO) " Metsovone (PDO) " Batzos (PDO) " Xynomyzithra Kritis (PDO) " Pichtogalo Chanion (PDO) " San Michali (PDO) " Sfela (PDO) " Feta (PDO)* 21.6.96 Formaela Arachovas Parnassou (PDO) "

SPAIN Cabrales (PDO) 21.6.96 Idiazábal (PDO) " Mahón (PDO) " Picón Bejes-Tresviso (PDO) " Queso de Cantabria (PDO) " Queso de la Serena (PDO) " Queso Manchego (PDO) " Queso Tetilla (PDO) " Queso Zamorano (PDO) " Quesucos de Liébana (PDO) " Roncal (PDO) " Queso Majorero (PDO) 20.2.99 Queso de l’Alt Urgell y la Cerdanya (PDO) 7.11.00

FRANCE Beaufort (PDO) " Bleu des Causses (PDO) " Bleu du Haut-Jura, de Gex, de Septmoncel (PDO) " Brocciu Corse ou brocciu (PDO) " Chabichou du Poitou (PDO)(3) " Crottin de Chavingol ou Chavignol (PDO)(4) " Époisses de Bourgogne (PDO) "

* The name ‘Féta’ is deleted - Reg No 1070/1999 - O.J. L130 - 26.5.1999 (3) Protection of the name ‘Chabichou’ is not sought (4) Protection of the name ‘Crottin’ is not sought

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Country Date Fourme d’Ambert or fourme de Montbrison (PDO) 2.7.96 Laguiole (PDO) 21.6.96 Ossau-Iraty-Brebis Pyrénées (PDO)(5) " Pouligny-Saint-Pierre (PDO) " Picodon de l’Ardèche ou picodon de la Drôme (PDO)(6) " Salers (PDO) " Selles-sur-Cher (PDO) " Sainte-Maure de Touraine (PDO)(7) " Tomme de Savoie (PGI)(8) " Langres (PDO) " Neufchâtel (PDO) " Abondance (PDO) " Camembert de Normandie (PDO)(9) " Cantal ou fourme de Cantal ou cantalet (PDO) " Chaource (PDO) " Comté (PDO) " Emmental de Savoi (PGI)(10) " Emmental français est-cedntral (PGI)(10) " Livarot (PDO) " Maroilles ou Marolles (PDO) " Munster ou Munster-Géromé (PDO) " Pont-l’Évêque (PDO) " Reblochon ou reblochon de Savoie (PDO) " Roquefort (PDO) " Saint-Nectaire (PDO) " Tomme des Pyrénées (PGI)(11) " Bleu d’Auvergne (PDO) " Brie de Meaux (PDO)(12) " Brie de Melun (PDO)(12) "

(5) Protection of the name ‘Brebis Pyrénées is not sought (6) Protection of the name ‘Picodon’ is not sought (7) Protection of the name ‘Sainte Maure’ is not sought (8) Protection of the name ‘Tomme’ is not sought (9) Protection of the name ‘Camembert’ is not sought (10) Protection of the name ‘Emmental’ is not sought (11) Protection of the name ‘Tomme’ is not sought (12) Protection of the name ‘Brie’ is not sought

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Country Date Mont d’or ou vacherin du Haut-Doubs (PDO) " Rocamadour (PDO) 9.1.99

IRELAND Imokilly Regato (PDO) 5.10.99

ITALY Asiago (PDO) 21.6.96 Bitto (PDO) 2.7.96 Bra (PDO) " Caciocavallo Silano (PDO)(13) " Canestrato Pugliese (PDO)(14) 21.6.96 Casciotta d’Urbino (PDO)(15) " Castelmagno (PDO) 2.7.96 Fiore Sardo (PDO) " Fontina (PDO) 21.6.96 Formai de Mut Dell’alta Valle Brembana (PDO) 21.6.96 Gorgonzola (PDO) " Grana Padano (PDO) " Montasio (PDO) " Monte Veronese (PDO) 2.7.96 Mozzarella di Bufala Campana (PDO)(16) 21.6.96 Murazzano (PDO) " Parmigiano Reggiano (PDO) 21.6.96 Pecorino Sardo (PDO)(17) 2.7.96 Pecorino Siciliano (PDO)(17) 21.6.96 Pecorino Romano (PDO)(17) " Pecorino Toscano (PDO)(17) 2.7/96 Provolone Valpadana (PDO)(18) 21.6.96 Quartirolo Lombardo (PDO) "

(13) Protection of the name ‘Caciocavallo’ is not sought (14) Protection of the name ‘Canestrato’ is not sought (15) Protection of the name ‘Casciotta’ is not sought (16) Protection of the name ‘Mozzarella’ is not sought (17) Protection of the name ‘Pecorino’ was not requested (17) Protection of the name ‘Pecorino’ was not requested (17) Protection of the name ‘Pecorino’ was not requested (18) Protection of the name ‘Provolone’ is not sought

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Country Date Ragusano (PDO) 2.7.96 Raschera (PDO) " Robiola di Roccaverano (PDO) " Taleggio (PDO) 21.6.96 Toma Piemontese (PDO)(19) 2.7.96 Valle d’Aosta Fromadzo (PDO) 2.7.96 Valtellina Casera (PDO) "

NETHERLANDS Boeren-Leidse met sleutels (PDO)(20) 13.6.97 Noord-Hollandse Edammer (PDO)(21) (22) 21.6.96 Noord-Hollandfse Gouda (PDO)(21) " Kanterkaas, Kanternagelkaas, Kanterkomijnekaas (PDO) 8.9.00

PORTUGAL Queijo de Nisa (PDO) " Queijo de Azeitão (PDO) " Queijo de cabra Transmontano (PDO) 2.7.96 Queijo de Évora (PDO) 21.6.96 Queijo S. Jorge (PDO) " Queijo Rabaçal (PDO) " Queijo Serpa (PDO) " Queijo Serra da Estrela (PDO) " Queijos da Beira Baixa (Queijo de Castelo Branco, Queijo Amarelo da Beira Baixa, Queijo Picante da Beira Baixa) (PDO) 21.6.96 Queijo Terrincho (PDO) " Queijo mestiço de Totosa (PGI) 6.6.00 Queijo do Pico (PDO) 19.6.98

SWEDEN Svecia (PGI) 25.11.97

(19) Protection of the name ‘Toma’ is not sought (20) Protection of the name ‘Leidse’ is not sought (21) Protection of the name ‘Noord-hollandse’ is not sought (22) Protection of the name ‘Edammer’ is not sought

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Country Date UNITED KINGDOM White Stilton cheese (PDO)/Blue Stilton cheese (PDO) 21.6.96 West Country farmhouse Cheddar cheese (PDO)(23) (24) Beacon Fell traditional Lancashire cheese (PDO)(25) " Swaledale cheese (PDO)/Swaledale ewes’ cheese (PDO) " Bonchester cheese (PDO) " Buxton blue (PDO) " Dovedale cheese (PDO) " Single Gloucester (PDO) " Dorset Blue Cheese (PGI) 23.12.98 Exmoor Blue Cheese (PGI) 28.4.99 Teviotdale cheese (PGI) 21.1.98

(23) Protection of the name ‘Cheddar’ is not sought (24) Protection of the name ‘West country’is not sought (25) Protection of the name ‘Lancashire’ is not sought

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OTHER PRODUCTS OF ANIMAL ORIGIN (e.g. eggs, honey, milk products excluding butter ) Country Date GREECE Menalou Vanilia fir honey (PDO) 2.7.96

SPAIN Miel de la Alcarria (PDO) 21.6.96

FRANCE Crème d’Isigny (PDO) " Crème fraîche fluide d’Alsace (PGI) " Miel de Sapin des Vosges (PDO) 13.6.97 Miel de Corse - Melede Corsica (PDO) 6.6.00

LUXEMBOURG Miel luxembourgeois de marque nationale (PDO) 21.6.96

PORTUGAL Mel da Serra da Lousã (PDO) " Mel das Terras Altas do Minho (PDO) " Mel da Terra Quente (PDO) " Mel da Serra de Monchique (PDO) " Mel do Parque de Montezinho (PDO) " Mel do Alentejo (PDO) " Mel dos Açores (PDO) " Mel de Barroso (PDO) " Mel do Ribatejo Norte (Serra d’Aire,Albufeira de Castelo do Bode, Bairro,Alto Nabão) (PDO) "

UNITED KINGDOM Cornish Clotted Cream (PDO) 1.10.98

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OILS AND FATS

Country Date AUSTRIA Steierisches Kürbiskernöl (PGI) 2.7.96

BELGIUM Beurre d’Ardenne (PDO) 21.6.96

GERMANY Lausitzer Leinöl (PGI) 25.11.97

GREECE Viannos Iraklion Crete (PDO)(1) (2) 21.6.96 Lygourio Asklipiou (PDO) " Vorios Mylopotamos Rethymno Crète (PDO)(2)(3) " KrokeesLaconia (PDO)(4) Petrina Lakonia (PDO)(4) " Kranidi Argolidas (PDO)(5) " Peza Iraklion Crete (PDO)(1)(2) " Archanes Iraklion Crete (PDO)(1)(2) " Lakonia (PGI) " Hania Créte (PGI)(2) " Kefallonia (PGI) " Olympia (PGI) " Lesbos (PGI) " Preveza (PGI) " Rhodes (PGI) " Thassos (PGI) " Kalamata (PDO) 13.6.97 Kolymvari Hanion Kritis (PDO)(6) (7) " Sitia-Lasithi-Crete (PDO)(8) - Olive Oil 21.1.98

(1) Protection of the name ‘Iraklion‘is not sought (2) Protection of the name ‘Crete is not sought (3) Protection of the name ‘Rethymno’ is not sought (4) Protection of the name ‘Lakonia’ is not sought (5) Protection of the name ‘Argolidas’ is not sought (6) Protection of the name ‘Hanion’ is not sought (7) Protection of the name ‘Kritis’ is not sought (8) Protection of the name ‘Lasithi-Crete’ is not sought

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Country Date Apokoronas-Chania-Crete (PDO)(9) " Zakynthos (PGI) 18.7.98 Samon (PGI) "

SPAIN - Olive Oils Baena (PDO) " Les Garrigues (PDO) " Sierra de Segura (PDO) " Siurana (PDO) " Montes de Toledo (PDO) 6.6.00 Priego de Córdoba (PDO) 5.10.99 Sierra Mágina (PDO) "

FRANCE Huile d’olive de Nyons (PDO) " Beurre d’Isigny (PDO) " Beurre Charentes-Poitou - Beurre des Charentes - Beurre des Deux-Sèvres (PDO) " Huile d’olive de lavallée des Baux-de-Provence (PDO) 6.6.00

ITALY - Olive oils Aprutino Pescarese (PDO) 2.7.96 Brisighella (PDO) " Canino (PDO) " Collina di Brindisi (PDO) 2.7.96 Sabina (PDO) 2.7.96 Bruzio (PDO) 13.6.97 Cilento (PDO) " Colline Salernitane (PDO) " Penisola Sorrentina (PDO) " Riviera Ligure (PDO) 24.1.97 Garda (PDO) 25.11.97 Dauno (PDO) " Colline Teatine (PDO) " Monti Iblei (PDO) "

(9) Protection of the name ‘Chania-Crete’ is not sought

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Country Date Laghi Lombardi (PDO) " Valli Trapanesi (PDO) " Terra di Bari (PDO) " Umbria (PDO) " Toscano (PGI) 21.3.98 Lametia (PDO) 5.10.99 Chianti Classico (PDO) 7.11.00 Terre di Siena (PDO) 7.11.00 Terra d’Otranto (PDO) "

LUXEMBOURG Beurre rose de marque nationale grand-duché de Luxembourg (PDO) 21.6.96

PORTUGAL - Olive oils Azeite de Moura (PDO) " Azeite de Trás-os-Montes (PDO) " Azeites do Ribatejo (PDO) " Azeites do Norte Alentejano (PDO) " Azeites da Beira Interior (Azeite da Beira Alta,Azeite da Beira Baixa) (PDO) "

FRUIT,VEGETABLES AND CEREALS

Country Date FINLAND Potato Lapin Puikula (PDO) 24.1.97

DENMARK Lammefjordsgulerod (PGI) 18.12.96

GERMANY Spreewälder Gurken (PGI) 19.3.99 Spreewälder Meerrettich (PGI) "

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Country Date GREECE Apples - Mila Delicious Pilafa de Tripoli (PDO) 13.6.97 Cherries - Kerasia Tragana Rodochoriou (PDO) 24.1.97 Aegina pistachioo (PDO) 2.7.96 Aubergine tsakonique de Léonidio (PDO) 21.6.96 Figues sèches de Kimi (PDO) " Kiwi Sperchiou (PDO) " Kumquat de Corfou (PGI) " Maleme Khania Crete oranges (PDO) 2.7.96 Megaron pistachio (PDO) " Olive de Kalamata (PDO) 21.6.96 Pistache de Phtiotida (PDO) " Pommes Zagoras Piliou (PDO)(1) " Vravronas Markopoulou Mesogion figs (PGI) 2.7.96 Rodakina de Naoussa (PDO) 21.1.98 Fassolia Gigantes Elefantes de Kato Nevrokopi " Fassolia koina Mesosperma de Kato Nevrokopi (PGI) " Korinthiaki Stafida Vostitsa (PDO) 18.7.99 Fasolia Gigantes Elefantes Prespon Florinas (PGI) " Fasolia Plake-Megalosperma Prespon Florinas (PGI) " Table Olives Konservolia Amfissis (PDO) 2.7.96 Konservolia Artas (PGI) " Konservolia Atalantis (PDO) " Konservolia Piliou Volou (PDO)(1) 24.1.97 Konservolia Rovion (PDO) 2.7.96 Konservolia Stylidas (PDO) " Throumba Thassou (PDO) " Throumba Chiou (PDO) " Throumba Abadias Rethymnis Crete (PDO) "

(1) Protection of the name ‘Pilios’ is not sought

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Country Date SPAIN Arroz del Delta del Ebro (PGI) 21.6.96 Calasparra (PDO) " Cerezas de la Montaña de Alicante (PGI) " Espárrago de Navarra (PGI) " Faba Asturiana (PGI) " Judías de El Barco de Ávila (PGI) " Lenteja de La Armuña (PGI) " Nísperos Callosa d’En Sarriá (PDO) " Pimientos del Piquilla de Lodosa (PDO) " Avellana de Reus (PDO) 20.2.99 Berenjena de Almagro (PGI) 17.13.96 Espárrago de Huétor-Tájar (PGI) 15.3.00 ChufadeValencia (PDO) 20.2.99 Melocoton de Calanda (PDO) 7.12.00 Azafran de la Mancha (AOP) 8.3.01 Pimenton de Murcia (AOP) 8.3.01 Uva de mesa embolsada ‘Vinalopó (PDO) "

FRANCE Ail rose de Lautrec (PGI) " Noix de Grenoble (PDO) " Pommes et poires de Savoie (PGI) " Poireaux de Créances (PGI) " Chasselas de Moissac (PDO) " Mirabelles de Lorraine (PGI) " Olives noires de Nyons (PDO) " Pommes de terre de Merville (PGI) " Coco de Maimpol (PDO) 28.7.99 Haricot tarbais (PGI) 6.6.00 Lentilles vertes du Berry (PGI) 23.7.98 Mâche nantaise (PGI) 28.7.99 Muscat du Ventoux (PDO) 20.2.99 Olives cassées de la Vallée des Baux de Provence (PDO) " Olives noires de la Vallée des Baux de Provence (PDO) " Pomme de terre de l’Ile de Ré (PDO) 6.6.00

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Country Date Riz de Camargue (PGI) " Lentille verte du Puy (PDO) 13.6.97

ITALY Arancia Rossa di Sicilia (PGI) 21.6.96 Cappero di Pantelleria (PGI) 21.6.96 Castagna di Montella (PGI) " Clementine di Calabria (PGI) 25.11.97 Fagiolo di Lamon dellaValata Bellunese (PGI) 2.7.96 Fagiolo di Sarconi (PGI) " Farro della Garfagnana (PGI) " Fungo di Borgotaro (PGI) 21.6.96 Lenticchia di Castelluccio di Norcia (PGI) 13.6.97 Marrone del Mugello (PGI) 2.7.96 Marrone di Castel del Rio(PGI) " Nocciola del Piemonte (PGI) 21.6.96 Nocciola di Giffoni (PGI) 25.11.97 Peperone di Senise (PGI) 2.7.96 Pomodoro S. Marzano dell’Agro Sarnese-Nocerino (PDO) " Radicchio Rosso di Treviso (PGI) " Radicchio Variegato di Castelfranco (PGI) " Riso Nano Vialone Veronese (PGI) " Scalogno di Romagna (PGI) 25.11.97 Uva da tavola di Canicatti (PGI) " Pera mantovana (PGI) 21.1.98 Pera dell’Emilia Romagna (PGI) " Pesca e nettaria di Romagna (PGI) " Table Olives - Nocellara del Belice (PDO) " Castagna del Monte Amiata (PGI) " La Bella della Daunia (PDO) " Limone di Sorrento (PGI) "

NETHERLANDS Opperdoezer Ronde (PDO) 21.6.96

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Country Date AUSTRIA Marchfeldspargel (PGI) 2.7.96 Wachauer Marille (PDO) 21.6.96 Waldviertler Graumohn (PDO) 13.6.97

PORTUGAL Amêndoa Douro (PDO) 21.6.96 Ameixa d’Elvas (PDO) " Ananás dos Açores/São Miguel (PDO) " Azeitona de conserva Negrinha de Freixo (PDO) " Castanha dos Soutos da Lapa (PDO) " Castanha Marvão-Portalegre (PDO) " Castanha da Padrela (PDO) " Castanha da Terra Fria (PDO) " Citrinos do Algarve (PGI) " Cereja de São Julião-Portalegre (PDO) " Cereja da Cova da Beira (PGI) " Maçã de Portalegre (PGI) " Maçã da Beira Alta (PGI) " Maçã Bravo de Esmolfe (PDO) 21.6.96 Maçã da Cova da Beira (PGI) " Maçã de Alcobaça (PGI) " Maracujá dos Açores/S. Miguel (PDO) " Anona da Madeira (PDO) 6.6.00 Pêssego da Cova da Beira (PGI) "

UNITED KINGDOM Jersey Royal potatoes (PDO) "

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FRESH FISH, MOLLUSCS AND CRUSTACEANS AND THEIR PRODUCTS

Country Date GERMANY Schwarzwaldforelle (PGI) 25.11.97

FRANCE Coquille St. Jacques des Cótes d’Armor (PGI) 19.6.98

GREECE Messolongi fish-roe (PDO) 2.7.96

IRELAND Clare Island Salmon (PGI) 5.10.99

UNITED KINGDOM Whitstable oysters (PGI) 21.1.97

OTHER PRODUCTS

Country Date UNITED KINGDOM - Ciders Herefordshire cider/perry (PGI) 21.6.96 Worcestershire cider/perry (PGI) " Gloucestershire cider/perry (PGI) "

FRANCE - Ciders Cornouaille (PDO) 20.2.99 Pays d’Auge/Pays d’Auge Cambremer (PDO) " Cidre de Bretagne or cidre breton (PGI) 7.11.00 Cidre de Normandie or cidre normand (PGI) 7.11.00

GREECE - Ciders Krokos Kozanis (PDO) 20.2.99

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BEER

Country Date GERMANY Kölsch (PGI) 25.11.97 Rieser Weizenbier (PGI) " Gögginger Bier (PGI) 21.3.98 Reuther Bier (PGI) " Wernesgrüner Bier (PGI) " Münchner Bier (PGI) 18.7.98 Kulmbacher Bier (PGI) " Hofer Bier (PGI) " Dortmunder Bier (PGI) " Mainfranken Bier (PGI) " Bremer Bier (PGI) "

UNITED KINGDOM Newcastle brown ale (PGI) 21.6.96 Kentish ale and Kentish strong ale (PGI) " Rutland bitter (PGI) "

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NATURAL MINERAL WATERS AND SPRING WATERS

Country Date GERMANY Bad Hersfelder Naturquell (PDO) 21.6.96 Bad Pyrmonter (PDO) " Birresborner (PDO) " Bissinger Auerquelle (PDO) " Caldener Mineralbrunnen (PDO) " Ensinger Mineralquelle (PDO) " Felsenquelle Beiseförth (PDO) " Gemminger Mineralquelle (PDO) " Graf Meinhard Quelle GieBen (PDO) " Haaner Felsenquelle (PDO) " Haltern-Quelle (PDO) " Katlenburger Burgbergquelle (PDO) " KiBlegger Mineralquellen (PDO) " Leisslinger Mineralbrunnen (PDO) " Löwensteiner Mineral Quelle (PDO) " Rhenser Mineralbrunnen (PDO) " Rilchinger Amandus-Quelle (PDO) " Rilchinger Gräfin Mariannen-Quelle (PDO) " Siegsdorfer Petrusquelle (PDO) " Teinacher Mineralquellen (PDO) " Uberkinger Mineralquellen (PDO) " Vesalia-Quelle (PDO) " Bad Niedernauer Quelle (PDO) " Göppinger Quelle (PDO) " Höllen-Sprudel (PDO) " Lieler Quelle (PDO) " Schwollener Sprudel (PDO) " Steinsieker Mineralwasser (PDO) " Blankenburger Wiesenquell (PDO) " Wernigeröder Mineralbrunnen (PDO) " Wildenrath-Quelle (PDO) "

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BREAD, PASTRY,CONFECTIONERY,BISCUITS AND OTHER BAKERS WARES

Country Date GERMANY Aachener Printen (PGI) 21.1.97 Nürnberger Lebkuched (PGI) 2.7.96 Lübecker Marzipan (PGI) " Meifner Fummel (PGI) 20.7.00

GREECE Cretan biscotte (PGI) 21.6.96

SWEDEN Skansk spettkaka 20.7.00

ITALY Pane casareccio di Genzano (PGI) 25.11.97

SPAIN Jijona (PGI) 21.6.96 Turrón de Alicante (PGI) "

FRANCE Bergamote(s) de Nancy (PGI) "

GREECE - Natural gums and resins Masticha Chiou (PDO) 24.1.97 Tsikla Chiou (PDO) "

ESSENTIAL OILS

Country Date GREECE - Mastic Oil Mastichelaio Chiou (PDO) 24.1.97

FRANCE Foin de Crau (PDO) 25.11.97 Huile essentielle de lavande de Haute-Provence (PDO) 21.6.96

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APPENDIX 10. PRODUCTS REGISTERED AS TRADITIONAL SPECIALITY GUARANTEED INTENDED FOR HUMAN CONSUMPTION UNDER COUNCIL REGULATION (EEC) NO. 2082/92

Product Date Vieille Kriek 21.11.97 Vieille Kriek-Lambic " Vielle Framboise-Lambic " Vieux fruit-Lambic/Oude Kriek " Oude Kriekenlambiek " Oude Frambozenlambiek " Oude Fruit-lambiek " Vieille Gueuze " Vieille Gueuze-Lambic " Vieux Lambic/Oude Geuze " Oude Geuze-Lambiek " Oude Lambiek " Faro " Kriek, Kriek-Lambic 7.5.98 Framboise-Lambic " Fruit-Lambic/Kriek " Kriekenlambiek " Frambo-zenlambiek " Vruchtenlambiek " Lambic " Gueuze-Lambic/Geuze/Lambiek " Geuze-Lambiek " Geuze " Mozzarella 26.11.98 Jamon Serrano 13.11.99 Leche certificade de Granja 7.7.00 Traditional Farmfresh Turkey "

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APPENDIX 11. COMMERCIAL DESIGNATIONS FOR FISHERY PRODUCTS IN IRELAND

SEA FISH

commercial designation scientific name gaelic name and common name* Albacore or Long-finned tuna Thunnus alalunga Tuinnín Ban or Long-finned Tunny Anchovy Engraulis spp. Ainseabhai Black sea bream or Old wife Spondyliosoma cantharus Garbhánach Dubh Blue Whiting Micromesistius poutassou Faoitín Gorm or Gadus poutassou Bluefin tuna Thunnus thynnus Blue fin or Tunny Bluefin tuna Tuinnin Gorm Bogues Boops boops Coalfish or Saithe or Coley Pollachius virens Glasán or Black Pollack/Blackjacks Cod or Codling Gadus morhua Trosc Conger Conger conger Eascann choncair/ Eascann mara Cuttlefish Cuttlefish of the species Sepia Cudal officinalis, Rossia Macrosoma and Sepiola rondeletti Cuttlefish or Squid Sepia officinalis and Rossia Cuabal macrosoma Dab or Common dab Limanda limanda Leathóg Eel or European eel Anguilla anguilla Eascann Flounder or Fluke Platichthys flesus Leith/Dúbh-leatha Gilthead bream Sparus aurata Greenland Halibut or Reinhardtius hippoglossoides Haileabó Talamh Glás Lesser Halibut or Blue Halibut or Black Halibut Gurnard Triglidae Cnúdán Haddock Melanogrammus aeglefinus Cadóg Hake Genus Merluccius Colmóir Hake or Silver Darlings Merluccius merluccius Colmóir Herring or Silver darlings or Clupea harengus Scadán Atlantic herring Horse Mackerel or Scad or Trachurus spp. Bolmán/Scádan carriage Craig herring or Creg herring Lemon sole Microstomus kitt Leathóg Mhín

* The most commonly used name is listed first, followed by the next most commonly used name.

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commercial designation scientific name gaelic name and common name* Ling Molva spp. Langa Mackerel or Macs Scomber spp. Ronnach Megrim or White sole Lepidorhombus spp. Scoílteán/Scioltán Monkfish or Angler fish Lophius spp. Láimhíneach/Iasgaire Mullet Mugil spp. Lannach Glas Orange roughy Hoplostethus atlanticus Iasc gharbh an atlantaigh Picarel Spicara smaris Plaice Pleuronectes platessa Leathóg Bhallach Pollack or White Pollack Pollachius pollachius Mangach Pout and Poor cod or Trisopterus Iuscus and Troscán sturoíge Pouting or Bib Trisopterus minuteus Ray’s Bream Brama spp. lasc Redfish or Atlantic Redfish Sebastes spp. Iasc Dearg-ordha Dogfish or Lesser-spotted Scyliorhinus spp. and Fiogach Gobach/ dogfish or Spurdog or Squalus acanthias Fíogach beag Sandy Dog or Rough Hound Atlantic salmon or Salmon Salmo salar Bradán Sardines or Pilchard Sardina pilchardus Pilséar Scabbard fish Lepidopus caudatus and Sacbaird Dubh Aphanopus carbo Sea Bream or Red Sea Bream Dentex dentex and Pagellus spp. Garbhánach Seabass or Bass Dicentratchus labrax Bas/Doingean Skate or Ray Raja spp. Roc/Roc glas Sole or Black sole or Dover Solea spp. Sól/Sól dubh sole or Common sole Squid or Short fin squid Illex spp. Máthair Shúigh Squid or Long fin squid Loligo spp. Máthair Shúigh Squid Ommastrephes sagittatus Máthair Shúigh Striped or red mullet Mullus surmuletus and Mullus Lannach dearg/ barbatus Millead dearg Swordfish Xiphias gladius Gobach Rainbow trout or Brown Oncorhynchus mykiss, Breac geal trout or Sea trout Salmo trutta Turbot Psetta maxima Turbard Whiting Merlangius merlangus Faoitín Yellowfin Tuinnín Buí

* The most commonly used name is listed first, followed by the next most commonly used name.

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FRESH WATER FISH

commercial designation scientific name gaelic name and common name* Atlantic salmon or Salmon Salmo salara Bradán Carp or Common carp Cyprinus carpio, Ctenopharyngodon idella, Hypophalmichthyes nobilis, Hypophthalmichthyer molitrix Rainbow trout or Brown trout Oncorhynchus mykiss, Breac geal or Sea trout Salmo trutta

SHELLFISH

commercial designation scientific name gaelic name and common name* Clams or Native clam Ruditapes decussates, Ruditapes Gliomach philippinarum,Tapes spp., Veneridae, Mercenaria mercenaria Common scallop or King Pecten maximus Muirín Mor scallop or Scallop or Escallop Common Whelk or Welk Buccinum undatum Cuachma Edible crab or Brown crab Cancer pagurus Portán dearg Mussels Mytilus spp. Diúilicín Oysters or Native oyster Ostrea edulis, Crassostrea gigas Oisre dúchasach Japanese oyster or Irish oyster/Flat oyster/European Flat oyster Dublin Bay Prawn or Nephrops norvegius Cloiteog Norway Lobster or Prawn Shrimp Shrimps of the family Penaeidae Shrimp or Common Shrimp Crangon crangon and Séacla, riba réibéis or Pink Shrimp or Grey Shrimp Pandalus borealis Tiger, Giant or Jumbo Prawn Penaeus monodon Clochán Tíogra

* The most commonly used name is listed first, followed by the next most commonly used name.

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APPENDIX 12. CATCH AREAS

Catch area Identification of the area(1) North-West Atlantic FAO area 21 North-East Atlantic(2) FAO area 27 Baltic Sea FAO area 27.IIId Central-Western Atlantic FAO area 31 Central-Eastern Atlantic FAO area 34 South-West Atlantic FAO area 41 South-East Atlantic FAO area 47 Mediterranean Sea FAO areas 37.1, 37.2 and 37.3 Black Sea FAO area 37.4 Indian Ocean FAO areas 51 and 57 Pacific Ocean FAO areas 61, 67, 71, 77, 81 and 87 Antarctic FAO areas 48, 58 and 88 (1) FAO yearbook. Fishery statistics. Catches.Vol. 86/1. 2000 (2) Excluding the Baltic Sea

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APPENDIX 13. MAP OF THE MAJOR FISHING AREAS OF THE WORLD

Source: FAO Fishery Statistics, Map of Major Fishing Areas for Statistical Purposes

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MEMBERS OF THE LABELLING WORKING GROUP

Chair/Technical Editor Fiona Lalor Ruth Davis IBEC Food Safety Authority of Ireland Sean Manley Members Office of the Director for Consumer Affairs Paul Bates Department of Agriculture, Food and Celine Murrin Rural Development Consumers Association of Ireland

Kevin Creedon* Maeve O’Brien Department of Enterprise,Trade Department of Health and Children and Employment Brid O’Connor Deirdre Delaney Office of the Director for Consumer Affairs Eastern Regional Health Authority Kathleen O’Connor Marie Devaney* Department of Agriculture, Food and Department of Enterprise,Trade Rural Development and Employment Kathryn Raleigh* Raymond Ellard IBEC Food Safety Authority of Ireland Many thanks to all who submitted their Ann Forde* comments including the Irish Medicines Department of Enterprise,Trade Board and the Organic Unit of the and Employment Department of Agriculture, Food and Rural Development. Lara Hoare* Eastern Regional Health Authority

Liz Horne Public Analysts Laboratory *Former members of the Labelling Working Group

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180 fsai-label Cover inside 21/3/02 3:28 pm Page 2 17221-fsai-LabellingReportCover 22/3/02 4:44 pm Page 1 The LabellingofFood inIreland 2002

The Labelling of Food in Ireland 2002

Food Safety Authority of Ireland Údarás Sábháilteachta Bia na hÉireann Abbey Court, Lower Abbey Street, Cúirt na Mainistreach, Sráid na Mainistreach Íocht., Dublin 1 Baile Átha Cliath 1

Telephone:+353 1 817 1300 Facsimile: +353 1 817 1301 E-mail: [email protected] Website: www.fsai.ie

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