3 August, 2017

How the mandatory information must be indicated on the label of a food product

Although in another article we analyzed the content of product labels, it is necessary to know how the mandatory information on the label of a food product should be put. Above all, with respect to food supplements, which in addition to applying Regulation 1169/2011 on food information provided to consumers, has its specific considerations as it is specifically regulated. Next, we analyze how the mandatory information must be indicated on the label of a food product, especially for food supplements, section by section:

1. the denomination of the foodstuff.

The name of the food is the category or denomination that the food has. If there is no denomination, it must be identified with its usual identification and ultimately, with a denomination that describes the food.

It is important to keep in mind that the name of the food must include the mentions about the physical conditions of the food or about the specific treatment to which it has been subjected (for example, in powder, frozen, freeze-dried, deep-frozen, concentrated or smoked) in all cases in which the omission of such information may mislead the buyer.

In the case of food supplements, for example, food supplements based on (the main ingredient of the food supplement) should be indicated.

This name of the food cannot be substituted by protected names such as intellectual, commercial or fantasy designation.

2. The list of ingredients.

The list of ingredients must be preceded on the label of a food product such as food supplements with the word: “ingredients:”. There, all food ingredients will be included in decreasing order. This data is important because in most food supplements labels are not placed correctly, where the highest administrative penalties are produced due to labeling error.

It will not be necessary to identify the list of ingredients in those foods composed of a single food and the name of the food is already identified as the ingredient or if it is possible to determine the nature of the ingredient without the risk of confusion.

3. The quantity of certain ingredients or certain categories of ingredients.

It will be necessary to indicate the quantity of an ingredient or category of ingredients used in the manufacture or preparation of a food in case the ingredient or category of ingredients in question:

a) appears in the name of the food or consumer normally associates it with that denomination;

b) it stands out in the labeling by means of words, images or graphic representation, or

c) it is essential to define a food and to distinguish it from the products with which it could be confused because of its denomination or its appearance.

4. The net quantity of the foodstuff.

The net amount of a food will be expressed in liters, centiliters, milliliters, kilograms or grams. It will be indicated in units of volume in the case of liquid products or in units of weight in the case of other products.

5. The minimum duration date or expiration date;

This mandatory information on the label of a food product must be established indicating the date as follows:

– “preferably consume before …” when the date includes the indication of the day,

– “preferably consume before the end of …” in the other cases;

These indications must establish the date itself or may give a reference to the place where the date is indicated on the label.

If necessary, these indications will be completed with the reference to the conservation conditions that must be observed to ensure the indicated duration.

6. The special conditions of conservation and/or the conditions of use;

When the food requires special conditions of conservation and/or use, these conditions will be indicated.

7. The name or business denomination and the address of the food company operator.

The food business operator responsible for the food information will be the operator with whose name or business name the food is marketed or, if not established in the Union, the importer of the food to the Union market.

In general, the name of the natural or legal person that is registered in the Health Registry must appear on the label.

Regarding the address to be indicated, it is important to note that the rule does not specify whether it is the domicile of activity, the prosecutor or the company. This differentiation is important as there are many companies, especially in the field of food supplements, which has the physical headquarters in one Autonomous Community and the headquarters in another. It can be put, since there is no specification in the standard, either of the two addresses.The country of origin or place of origin.

8. The indication of the country of origin or the place of origin in the mandatory information of a food product should be indicated when its omission could mislead the consumer as to the country of origin or the place of actual origin of the food, in particular if the information that accompanies the food or the label as a whole could imply that the food has a country of origin or a place of different origin.

9. The way of use

The way of use as mandatory information on the label of a food product must be indicated in a way that allows an appropriate use of the food. In the case of food supplements, since its use sometimes causes having to make a mixture or dissolution, it is very important to specify in this section how the food should be taken and when.

10. Nutritional information

As we pointed out in our article on the label of a food product, nutritional information must contain a number of very specific aspects. It is important to know in this section, however, that nutritional information will not be necessary for food supplements. Thus, Regulation 1169/2011 specifically determined that the section referring to nutritional information would not apply to food supplements.

In addition to this mandatory information on the label of a food product, we must take into account the specific indications that must appear on the label of food supplements according to its own regulations. We refer in this regard to our article on the content of the label of food supplements.