Analog products, exceptions and Distance Selling
Product labeling under the new Food Information Regulation - Fresenius symposium with intensive workshop clarifies open questions about the new labeling practice
The rules on the food market since the new Food Information Regulation (LMIV) of the European Union clear and universal: Throughout Europe, manufacturers have to pay attention to a uniform, comprehensive, easy to read for consumers and comprehensible labeling of their products. Not in all cases is the question of what form of declaration is not legally compliant and which are not for manufacturers simply provide. All information on the subject, practical examples and the opportunity to create or optimize existing legally compliant product labels, many of them received on the 3. Symposium "The new food information regulation" of the Akademie Fresenius from 05. to 06. February 2013 in Cologne.
Dr. Andrea Bokelmann (Ministry for Climate Protection, Environment, Agriculture, Nature and Consumer Protection of the State of North Rhine-Westphalia) presented challenges of the LMIV and current problems from the point of view of food monitoring at the symposium. Although in future all ingredients of a product will generally have to be specified in the list of ingredients, there will also be exceptions to the rule in the future, according to Bokelmann. Food additives and enzymes without a technological effect in the end product that are used as processing aids, carriers that are not food additives and water that is used for redilution or as an infusion liquid still do not have to be labeled on packaging. Bokelmann emphasized that the central aim of the LMIV was nonetheless to protect consumers from being misled and that their expectations should be seen as a guideline for controversial cases. For this reason, according to the ordinance, the addition of water to meat and fish products and preparations must also be specified, provided that this makes up more than five percent of the weight of the end product. The purpose of this regulation is to protect the consumer from questionable practices in which the water is not supplied exclusively for technological purposes, explained Bokelmann.
Clear declaration for substitute ingredients
Andreas Meisterernst (Meisterernst Rechtsanwälte) pointed out that the integrity of the information practice, especially with so-called "analog products"
had been reaffirmed. Products that by their appearance, their designation or pictorial representations on their packaging suggest the presence of a certain food or a certain ingredient, although a substitute was actually used (e.g. illustration of vanilla blossoms when using vanilla flavors), would now have to be added to the list of ingredients be provided with a clear indication of the substitute component or the substitute ingredient, so Meisterernst. For this purpose, the use of a prescribed minimum font size and the declaration in the immediate vicinity of the product name are mandatory.
Labeling: This applies to distance selling
Dr. Tobias Teufer (KROHN Rechtsanwälte) informed about the central new regulations for distance selling, which should come into effect from December 13, 2014. "Distance selling" is understood to mean both online trade in groceries, various variants of delivery services (flyer ordering, online, via app) and catalog trade. On the other hand, advertisements that cannot be ordered are not affected, explained Teufer. For pre-packaged food that is sold at a distance, it must be fully labeled, just like goods from the supermarket, continued Teufer. The special feature for distance selling is that the mandatory information such as the list of ingredients and special information (e.g. caffeine information) are also available to the buyer before the conclusion of the purchase contract and are therefore available in the online shop, on flyers or in catalogs via information boxes, packaging images or "Pop- Up "window would need to be published. An exception, however, is the expiry date, which is not mandatory for distance selling. In the case of non-prepackaged foods, only the allergens contained need to be identified, added Teufer. In future, the information obligation will affect the food business operator under whose name or company the food is marketed. Online retailers are encouraged to set up procedures until the regulation comes into effect from the end of 2014 in order to obtain relevant information from the respective manufacturer or importer, Teufer concluded.
Conference documents
The conference documentation including scripts from all the presentations can Fresenius Conference for the price of 195, - EUR plus VAT at the Akademie Fresenius be based...
Source: Dortmund, Cologne [Akademie Fresenius]
