New Draft Rules For Food Product Labelling From EU May Relief Diverse Food Ingredient Producers
The European Commission published draft rules on how a food product must be labelled when the country of origin indicated on the label is different from that of its main ingredient, published on the first week of January this year. For Instance, an Indian spice breed like black pepper grown in any other subtropical land had to be labelled.
On the first week of January this year, the European Commission published draft rules on how the origin of a food product must be labelled when the country of origin indicated on the label is different from that of its main ingredient. Article 26 of the EU’s Food Information to Consumers (FIC) regulation numbered 1169/2011 sets out general rules on mandatory and voluntary country of origin labelling (COOL). Under Article 26.2(a), COOL is mandatory when its absence could mislead consumers as to the true origin of the final food, e.g. an Indian flag on a lemon pickle produced in Malaysia. Under Article 26.3, COOL becomes mandatory when the country of origin is provided on a voluntary basis but the origin of the main ingredient is not the same as that of production. Article 26 of the FIC regulation required the Commission to draft rules for the implementation of the aforementioned dual origin labelling provisions.
For a wide range of food products, mandatory EU-harmonized COOL requirements do not yet exist. However, most exporters should be aware that the future dual origin labelling rules will also apply to imports from third countries. In practice, this means that when the country of origin is indicated on the label of products that are not subject to mandatory COOL, but the main ingredient comes from a different country, the labelling requirements set out in the implementing regulation become applicable.
The draft implementing regulation offers several options to comply with the dual origin labelling requirement. Producers can simply state that “name of the primary ingredient do/does not originate from the country of origin or place of provenance of the food” or any similar wording or use one of the following options:
- “EU”, “non-EU” or “EU and non-EU”
- The name of a Member State or third country
The country of origin or place of provenance in accordance with specific EU provisions in place for the primary ingredient (e.g. beef)
- Region or any other geographical area within a Member State or third country which is “well understood by normally informed average consumers”
- Region of any other geographical area either within several Member States or third countries, if defined as such under public international law or well understood by normally informed average consumers
- FAO Fishing area, sea or freshwater body, if defined as such under international law or well understood by normally informed average consumers. The information on the origin of the main ingredient must appear in the same field of vision as the indication of the country of origin/place of provenance of the food. The implementing regulation would apply from April 1, 2019, but foods already on the market or labelled before that date may be sold until stocks expire. Identification marks, required by the EU’s Food Hygiene regulation 853/2004 for food of animal origin, do not qualify as indications of the country of origin.
