FOREIGN AGRICULTURAL SERVICE
U.S. MISSION TO THE EUROPEAN UNION

Last update: March 16, 2010

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The indication of the following particulars is compulsory on the labeling of foodstuffs:

	the name under which the foodstuff is sold
	the list of ingredients, in descending order of weight. Important derogations include compound ingredients, added water/concentrated foods, cheese (see art. 6 of 2000/13/EC).  The following ingredients require a specific statement on the label: GMO’s , packaging gases (Directive 94/54/EC) / sweeteners / aspartame  & polyols (Directive 96/21/EC) / quinine & caffeine (Directive 2002/67/EC)
	the quantity of certain ingredients or categories of ingredients (QUID) (see art. 7 of 2000/13/EC)
	the net quantity of prepackaged foodstuffs expressed in metric units (liter, centiliter, milliliter, kilogram or gram). A small "e" on the label may be used to guarantee that the actual content corresponds to the quantity indicated.
	the date of minimum durability in a specific format or the "use by" date for highly perishable foodstuffs (see art. 9 of 2000/13/EC)
	any special storage conditions or conditions of use
	the name or business name and address of the manufacturer, packager or vendor established within the Community
	particulars of the place of origin or provenance in case absence of such information might mislead the consumer
	instructions for use
	the actual alcoholic strength for beverages containing more than 1.2% alcohol by volume
	a mark to identify the lot to which a foodstuff belongs
	treatments undergone, with specific indications for irradiated foods (see art. 5 of 2000/13/EC), or deep-frozen foods

Annex I lists the categories of ingredients which may be designated by the name of the category rather than the specific name, e.g. cheese, spices.  Directive 2001/101/EC adds meat as a category and provides at the same time a strict definition for the term meat.  "Stricter Labeling Rules for Meat Products" GAIN Report E23004.
Annex II lists the categories of additives which must be designated by the name of their category followed by their specific name or EC number.
Annex III describes the way of designating flavorings in the list of ingredients. 

Labeling has to be in a language easily understood by consumers; this is in practice the official language(s) of the Member State. Multi-language labeling is allowed throughout the EU.

Product Specific labeling requirements exist for:

	Cocoa and chocolate products, sugars, honey, fruit juices and similar products, preserved milk, coffee extracts and chicory extracts, fruit jam, jellies, marmalades and chestnut puree. These are covered by Vertical Legislation.
	Infant and follow-on formula, cereal-based baby and infants foods, meal replacers for use in energy-restricted diets, medical foods. These are covered by Foods Intended for Particular Nutritional Uses. Reports:
	GAIN report E48145 EU-27 | European Parliament Draft Report on Food Labeling Proposal
	GAIN report E48020 EU-27 | Proposal for a new EU Food Labeling Regulation

Allergen labeling also extend to alcoholic beverages (Directive 2003/89/EC).  Commission Directive 2007/68/EC repeals Directive 2005/26/EC and establishes a list of ingredients and substances which are permanently exempted from the mandatory allergen labeling requirement.  For more information see GAIN report E47105.

Reports:
GAIN report E36131 "Allergen Labeling - Possible Update of Allergenic Ingredients List" (lupin and mollusks)
GAIN report E35196 "Allergen Labeling - Implementation November 25, 2005"
GAIN report E36066 "Allergen Labeling on Wine - Authorized Languages"
 

	"Born in:  third country"
	"Reared in:  third country or third countries"
	The above can be combined if the animal was born, raised and slaughtered in the same third country, i.e. "Origin:  third country"
	"Slaughtered in:  third country / approval number of slaughterhouse"
	"Cutting in :  third country / approval number of cutting plant
	A traceability code linking the meat to the animal or a group of animals representing the production of maximum one day.

Labeling requirements for meat of bovine animals aged 12 months or less are laid down in Council Regulation 361/2008 (amendment to the Single CMO - see "CAP").  Bovine animals aged less than 12 months are classified in two categories: 1) bovine animals aged 8 months or less and 2) bovine animals aged more than 8 months but less than 12 months.  Regulation 361/2008 lists the different sales descriptions for the two categories.  Commission Regulation 566/2008 lays down detailed rules (compulsory information on labels and trade with third countries) for the marketing of the meat of bovine animals aged 12 months or less.
 

Commission Regulation 589/2008 lays down detailed rules for implementing Council Regulation 1234/2007 ("Single CMO”) as regards marketing standards for eggs. The U.S. currently only exports shell eggs to the EU for breaking and further processing in food processing facilities. Such eggs are graded as "class B" eggs under EU standards.  According to EU interpretation of Article 30 of Regulation 589/2008, eggs imported from third countries, including eggs for processing, must be clearly and legibly marked in the country of origin in accordance with the ISO 3166 country code.  In practice, this means that each egg individually has to be marked "US".  Commission Regulation 598/2008 provides, under strict conditions, for an exemption from the marking requirement.  Commission Regulation 617/2008 lays down rules for the marking of eggs for hatching.
 

How to label

Article 13 of European Parliament and Council Regulation 1829/2003 specifies the wording to be used on the label as follows:

(a) Where the food consists of more than one ingredient, the following wording must follow immediately after the ingredient concerned, in brackets: "genetically modified" or "produced from genetically modified [name of ingredient].  A compound ingredient with a constituent X which is produced from a GMO Y must be labeled "contains X produced from genetically modified Y.

Example:  a biscuit containing soy flour derived from GM-soy must be labeled "contains soy flour from genetically modified soy".

(b) Where the ingredient is designated by the name of a category, the following wording must be used in the list of ingredients: "contains genetically modified [name of organism]" or "contains [name of ingredient] produced from genetically modified [name of organism]".

Example:  for vegetable oils containing rape oil produced from genetically modified rape, the reference "contains rape oil from genetically modified rape" must appear in the list of ingredients.

(c) Where there is no list of ingredients, the words "genetically modified" or "produced from genetically modified [name of organism]" must appear clearly in the labeling.

Example 1:  "a spirit containing caramel produced from genetically modified maize".
Example 2:  "genetically modified sweet maize"

(d) If the product consists of or contains a GMO e.g. sweet maize in a Mexican salad, the label must state "genetically modified sweet maize"

The designations in (a) and (b) may appear in a footnote to the ingredients list, provided they are printed in a font at least the same size as that of the list of ingredients or, where there is no list of ingredients, clearly on the labeling.

Source:  NEW EU REGULATIONS ON GMOs - GUIDELINES FOR THE EUROPEAN FOOD & DRINK INDUSTRIES (CONFEDERATION OF EU FOOD & DRINK INDUSTRY)

More on useu.usmission.gov/agri/GMOs.html
 

It defines "lot" as a batch of sales units of a foodstuff produced, manufactured or packaged under practically the same conditions.

The indication to identify the lot should be determined by the producer, manufacturer or packager or by the first seller in the EU.  The marking shall be preceded by the letter "L" except in cases when it is clearly distinguishable from other indications on the label.  The lot identification is not necessary if the date (day and month) of minimum durability or "use by" date, appears in uncoded form on the label.

A "nutrition claim" means any representation or advertising that claims that a foodstuff has particular nutrition properties and is only allowed if it relates to the energy value and/or nutrients referred to above.

Where nutrition labeling is provided, the information to be given should consist of either group 1 or group 2 in the following order:

	Group 1:          - the energy value - the amount of protein, carbohydrate and fat
	Group 2:          - the energy value - the amount of protein, carbohydrate, sugar, fat, saturates, fibre and sodium

The energy value and the proportion of nutrients must be declared in specific units per 100 grams or per 100 milliliters. Information on vitamins and minerals must be expressed as a percentage of the recommended daily allowance (RDA).

The information on the label must be presented in tabular form with the numbers aligned or if space does not permit, in linear form in a language easily understood by the purchaser.

	New EU labeling rules for gluten-free foods (GAIN report E49009)
	New rules on Nutrition & Health Claims

	where the ingredient or category of ingredients appears in the name under which the foodstuff is sold:  e.g. strawberry ice cream - QUID for strawberries   fruit pie - QUID for total fruit content
	where the ingredient or category of ingredients is usually associated with that name by the consumer:  e.g. goulash soup - QUID for beef
	where the ingredient or category of ingredients is emphasized on the labeling in words (e.g. "made with butter"), pictures (e.g. of a cow to emphasize dairy ingredients) or graphics (different size, color and/or style of print)
	where the ingredient or category of ingredients is essential to characterize a foodstuff and to distinguish it from similar products

The QUID declaration must 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 in which case the quantity may appear in the list. The quantity of the ingredient, expressed as a percentage, must correspond to the quantity of the ingredient(s) actually used in the preparation of the product.

The QUID requirement DOES NOT apply to constituents naturally present in foods and which have not been added as ingredients e.g. caffeine (in coffee) and vitamins and minerals (in fruit juices). QUID declarations are not needed in a number of cases, e.g. when products state the drained net weight or where an ingredient is used for purposes of flavoring. QUID declarations CANNOT replace nutrition labeling.

Commission Directive 1999/10/EC provides for derogations from the QUID requirement:

	where the wording "with sweeteners" or "with sugar(s) and sweetener(s) accompanies the name under which a foodstuff is sold
	where the addition of vitamins and minerals is subject to nutrition labeling
	where foodstuffs are concentrated or dehydrated

General guidelines have been drawn up to help Member States and industry organizations implement the principle of QUID.
 

This directive applies to prepackages containing products intended for sale in constant unit nominal quantities which are:

	equal to values predetermined by the packer
	expressed in units of weight or volume
	not less than 5 g or 5 ml and not more than 10 kg or 10 l

The nominal quantity (weight or volume) must be indicated on all prepackages made up in accordance with this directive.  The EEC sign, a small "e" of at least 3 mm high placed in the same field of vision, constitutes a guarantee by the packer or importer that the prepackage meets the requirements of this directive.

Compliance with this directive is not mandatory but free movement throughout the EU is guaranteed for prepackaged products that do comply with the provisions of the directive.
 

On August 1, 2009, the final phase of the EU Wine Reform covering oenological practices, designations of origin and labeling entered into force.  For detailed information see FAS Report "New EU Wine Labeling Rules" (published September 2009).