Food Labelling for Pre-packed Foods

A guide for Packers about the Labelling of Prepacked Foods

This guidance applies to food that is prepacked for retail sale from premises other than where it is packed, or for sale to a catering establishment by retailers, wholesalers or manufacturers.

The guidance does not cover food displayed for sale loose or unwrapped or food prepacked by a retailer for direct sale i.e. food prepacked and sold directly to the consumer on the same premises, or for sale from a market stall or mobile vehicle used by the same person who packed it.

What Labelling is required?

The Labelling requirements vary from product to product but as a general guide the following are compulsory:

The name of the food that must either be:

• A name required by law, or
• A customary name for the food e.g. Banbury Cake, or
• A name or description sufficiently precise to inform the purchaser of the true nature of the food and which distinguishes it from similar products with which it could be confused.

The name cannot be a brand name, trade name or made up name.

Certain specified names cannot be used unless the food composition meets the appropriate requirements e.g.: beef-burgers.

Any treatment that the food has been subjected to e.g. dried, freeze-dried, frozen, concentrated, smoked, or is in a certain physical condition e.g. powdered, must be indicated in the name of the food if a purchaser could be misled by its omission.

If the food has been irradiated then the name must include or be accompanied by the word "irradiated" or alternatively "treated with ionising radiation". It should also be accompanied with the identity and address of the facility that carried out the irradiation or their official reference number.

Where a food (or any ingredient in the food) contains genetically modified soya or maize this information must be passed on to the consumer.

For health and hygiene reasons it is advisable to warn consumers that meat and poultry which has been frozen and thawed should not be re-frozen.

List of ingredients

• If the food contains more than two ingredients a full list of the ingredients (including water) in descending order of weight must be given under the heading "ingredients."
• Additives, except flavourings and modified starch, must be declared by stating the category name followed by either its specific name or serial number e.g. "colour: tartrazine" or "colour: E102".
• For flavourings and modified starch, it is sufficient to state the category names only i.e. "flavouring" or "modified starch" as appropriate.

Generally the name used for an ingredient must be as precise as if it was itself being sold as a food. If an ingredient has been irradiated then its name must include a reference to that fact as described above.

A date mark which is the date up to and including which the food will remain in good condition.

• For highly perishable foods, which after a short period may constitute a risk to human health e.g. soft cheese, the date mark must be in the form of the words "Use By...." followed by the date. This date shows the final date by which the food should be used or consumed. It must be given with the day and month or a day, month and the year if applicable after the words 'Use by...' 'Use by end of...'
• Any relevant storage instructions, which should be observed in order to ensure the food will keep its properties until the date marked, should also be given.
• If you are selling food marked with a 'Use by...' date you must ensure you have a system to guarantee that you have no products on sale after this date has expired and that no products with expired 'Use by...' dates are sold.
  
  It is an offence to sell or offer for sale food marked with the 'Use by...' date after the date has expired. It is also an offence to remove or alter the 'Use by…' date without permission.

• For all other foods, it must be in the form of the words "Best Before..." followed by the date. This date ensures that foods are used at their best. The 'Best before...' date must give the date up to and including that which the food will remain in good condition. It must be given with the day and month and the year if applicable after the words 'Best before...'
  Unless:
  • the food will retain its specific properties for three months or less then it can be marked with the day and month only.
  • the food will retain its specific properties for between three months and 18 months it may be marked in terms of a month and a year only with the words 'Best before...' replaced by 'Best before end...'
  • the food retains its specific properties for more than 18 months it may be marked with the month and year only or in terms of the year only with the words 'Best before...' replaced by 'Best before end...'

Any relevant storage instructions, which should be observed in order to ensure the food will keep its properties until the date marked, should also be marked.

It is not illegal to sell or offer to sell food except eggs past its 'Best before...' date providing that it is still in good condition. An offence may be committed if the food is sold after its 'Best before...' date (or indeed before this date) if the condition or quality has deteriorated significantly.

• The following are exempt from the date marking requirements:
  • Fresh fruit and vegetables (unless peeled or cut into pieces).
  • Wine, liqueur wine, sparkling wine, aromatised wine and similar drink obtained from fruit other than grapes.
  • Any drink made from grapes or grape musts and coming within codes 22060039, 22060059 and 22060089 of the Combined Nomenclature given in Council Regulation (EEC) No 2658/87.
  • Any drink with an alcoholic strength by volume of 10 per cent or more.
  • Any soft drink, fruit juice, fruit nectar or alcoholic drink sold in a container of more than 5l to catering establishments.
  • Any flour confectionery and bread which is normally consumed within 24 hours of preparation.
  • Vinegar.
  • Cooking and table salt.
  • · Solid sugar and products consisting solely of flavoured or coloured sugars.
  • Chewing gum and similar.
  • Edible ice in individual portions.

• Eggs are treated slightly differently to other foods:
  • Eggs are marked with a 'Best before.....' date, which is no more than 28 days from laying.
  • Eggs must be sold within 7 days of their 'Best before...' date. It is an offence to sell or offer for sale after this date.

Any special condition of storage or use

Any instructions necessary to make proper use of the food, this would include storage, mixing or cooking instructions. This would also include the storage and instructions for use in order to ensure the food will keep until the stated 'Best before..' or 'Use by...."' date.

Name and address

The food must be marked with the name and address of the manufacturer or packer or of a seller established in the EEC.

Origin

The place of origin should be indicated if its omission could mislead a purchaser.

Alcoholic drinks

Alcoholic drinks with a strength of more than 1.2% alcohol must be labelled with a statement of the alcoholic strength. The statement must be in the form "Alcohol X% vol." or "Alc X% vol.".

Nutritional information

Nutritional information is only required to be given if a nutritional claim is made e.g. "Low Fat", "High Fibre" etc. However, if nutritional information is labelled voluntarily then it must comply with the Regulations. Nutritional information normally consists of an indication of the amount of energy, fat , carbohydrate and fibre per serving or per 100g/ml of the food. If you want to label foods with nutritional information then you should consult the Regulations themselves or seek advice from your local Consumer Protection or Trading Standards Service.

Quantity

The requirements concerning the determination and labelling of quantity are contained in separate Regulations. Most prepacked foods are required to be marked with the quantity and certain foods may only be pre-packed in prescribed quantities.

Special claims

If the food is labelled with claims such as "Low Calorie", "Diet", "High in Polyunsaturates", "Rich in Vitamins" etc. detailed information justifying the claim must be marked on the label. The composition of the food must also meet criteria specified in the Regulations to justify the making of the claim and nutritional information must also be given.

How must the information be given?

The required labelling information must be marked:

• on the packaging; or
• on a label attached to the packaging; or
• on a label that is clearly visible through the packaging.

The information must be:

• Easy to understand, clearly legible and indelible.
• Marked in a conspicuous place that is easily visible, and must not be hidden, obscured or interrupted by any other written or pictorial matter.
• In a language 'easily understood by the purchaser'. In this country this language will be English.

The following, when they are required to be stated, must appear in the same field of vision as the name of the food:

• the date mark,
• the quantity, and
• the alcoholic strength in the case of alcoholic drinks.

Slimming Foods

The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997 contain compositional and labelling requirements for slimming foods. The Regulations apply to food that:

• Is specially formulated for use in energy-restricted diets for weight reduction, being food that when used as instructed by the manufacturer, replaces
  • the whole of the total daily diet and complies with the following compositional requirements:
    • Energy: contains not less than 800kcal and not more than 1200kcal for the daily ration.
    • Protein: contains not less than 25% and not more than 50% of the total energy of the product and in any case not more than 125g of protein.
    • Fat: the energy derived from fat shall not exceed 30% of the total available energy of the product. Linoleic acid (in the form of glycerides) shall not be less than 4.5g.
    • Dietary Fibre: contains not less than 10g and not more than 30g for the daily ration.
    • Vitamins and minerals: contains at least 100% of the specified quantities of vitamins and minerals listed in the regulations.
      
      OR
  • one or more meals of the daily diet and complies with the following compositional requirements:
    • Energy: contains not less than 200kcal and not more than 400kcal per meal.
    • Protein: contains not less than 25% and not more than 50% of the total energy of the product.
    • Fat: the energy derived from fat shall not exceed 30% of the total available energy of the product. Linoleic acid (in the form of glycerides) shall not be less than 1g.
    • Vitamins and minerals: contains at least 30% of the specified quantities of vitamins and minerals listed in the Regulations. The amount of potassium per meal cannot exceed 500mg.

Labelling requirements

• The food must be labelled "total diet replacement for weight control" in the case of foods intended as a replacement for the whole of the daily diet; or
  "meal replacement for weight control" in the case of foods intended as a replacement for one or more meals of the daily diet.

• The following is required for meal and daily diet replacements:
  • the available energy value expressed in kJ and kcal,
  • protein content,
  • carbohydrate content
  • fat content
    expressed in numerical form, per specified quantity of the product ready for use as proposed for consumption.

• For both types of foods, the average quantity of each mineral and each vitamin for which compositional requirements are stipulated expressed in numerical form, per specified quantity of the product ready for use as proposed for consumption.
  For meal replacement foods the average quantity expressed as a percentage of the Recommended Daily Amount (as set out in Tables A and B of Part II of Schedule 6 to the Food Labelling Regulations 1996).

• For both types of foods, instructions for appropriate preparation if necessary, and a statement as to the importance of following those instructions.

• Where a product, when used as instructed by the manufacturer, provides a daily intake of polyols in excess of 20g per day, a statement to the effect that the food may have a laxative effect.

• A statement on the importance of maintaining an adequate daily fluid intake.

• For daily diet replacements, a statement that the product provides adequate amounts of all essential nutrients for the day and a statement that the product should not be used for more than three weeks without medical advice.

• For meal replacements, a statement to the effect that the product is useful for the intended use only as part of an energy-restricted diet and that other food should be a necessary part of such diet.

• You cannot sell a daily diet replacement or a meal replacement if the labelling, advertising or presentation of which refers to the rate or amount of weight loss which may result from its use or to a reduction in the sense of hunger or an increase in the sense of satiety.

Quantitative Ingredient Declarations (QUID)
QUID declarations are required to be declared where the ingredient or category of ingredient:

• Appears in the name of the food e.g. "ham & mushroom pizza".
• Is usually associated with the name by the consumer e.g. fruit in a summer pudding.
• Is emphasised on the labelling in words or pictures e.g. 'extra beef'.
• Is essential to characterise a food and to distinguish it from other similar products.

Quid declarations should be indicated as a percentage of the quantity of an ingredient or category of ingredient in the food and should be given in or next to the name of the food, or in the list of ingredients in connection with the ingredient in question.

Genetically Modified Foods

All foods containing Genetically Modified (GM) soya or maize must indicate on the label that it is present.

Organic

The description 'Organic' can only be used to describe agricultural products and foods, which are produced and prepared in accordance with the detailed standards, laid down. These include record keeping, labelling, marketing and an inspection and certification system.

Foreign language labelled foods

In recent years, the sale of food imported from both within and outside the EC has become increasingly popular. Obviously, many of these products are labelled in foreign languages. The same requirements apply to foreign-labelled food as they do to English labelled food.

Neither retailers nor wholesalers can supply food without English labelling, even though the regulations apply in slightly different ways to each:

Retailers must make sure that all food, including drink, which they sell, displays all the compulsory information (see the labelling requirements above) on each container, in English.

Wholesalers must make sure:

• If food is 'ready for delivery to the ultimate consumer', it complies with the regulations.
  (Food is 'ready for delivery to the ultimate consumer' if the packaging will not be changed prior to sale by the eventual retailer).
• The compulsory information (see the labelling requirements above) can be given in either of the following ways:
  • on the outer packaging of the product
    or
  • partly on the outer packaging and partly in a document given with the sale of the food or before the sale. (the name of the food, the list of ingredients and the date mark must be on the outer packaging, the rest in a document).
• The same rules apply to food sold to catering establishments, which include restaurants, canteens, pubs, clubs, schools or similar, if food is prepared in the course of a business, and does not need any further preparation before the customer eats it. This includes both mobile caterers and fast food vans.

Compositional standards

Compositional standards exist for some products such as:

Meat Products, Honey, Eggs, Jam and Preserves, Chocolate Products, Fruit Juices, Organic Foods, Natural Mineral Waters, Coffee and Slimming products.

For further guidance on this and for comprehensive guidance on legislation affecting the food industry see the Food Standards Agency guidance at www.foodstandards.gov.uk/multimedia/pdfs/foodlaw.pdf.

Weights and Measures requirements

Goods that are sold in packages by weight or measure can be packed either to minimum quantity or to average quantity.

For minimum quantity each pack must contain at least the quantity marked on the pack (the nominal quantity). If a pack contains less than the amount stated you may commit an offence under the Weights and Measures Act 1985. If you use equipment to make up the packs then the equipment must be tested and approved for trade use. You do not have to use equipment but if you estimate the quantity incorrectly you will have no defence against a charge of short measure.

For average quantity there are certain rules that must be followed - the Packers' Rules. To show compliance with these rules checks have to be carried out using suitable equipment and records of these checks kept.

Please Note

This leaflet is not an authoritative interpretation of the law and is intended only for guidance. For further information please contact your local Consumer Protection or Trading Standards office.

Trading Standards Division, 3rd Floor, Wallasey Town Hall, Brighton Street, Wallasey, Wirral CH44 8ED
Telephone: (0151) 691 8020    Fax: (0151) 691 8098
Internet World Wide Web http://www.tradingstandards.gov.uk/wirral/
Electronic Mail: tradingstandards@wirral.gov.uk