Food labelling

Rules

By law in Ireland, food labels should:

• Be clear, legible, indelible and written in at least English or both English or Irish
• Avoid displaying confusing or misleading information
• Avoid covering or hiding the label behind a picture or written information.

The label cannot claim that any foodstuffs prevent, treat or cure disease.

Labels on pre-packaged food

Labels on pre-packaged food must display the:

• Name of the food
• Net quantity in metric units
• A "best before"' date or, for highly perishable foodstuffs, a "use by"' date
• List of ingredients
• Special storage instructions
• Name and address of manufacturer or packager, or in its absence, the name and address of the seller in the EU
• Country of origin if its absence could mislead. For example, Brie cheese is usually associated with France, if produced elsewhere, it should be stated, e.g., Tipperary Brie.
• When the product was manufactured
• Instructions for use
• Alcoholic strength for beverages with more than 1.2% alcohol by volume
• If it is irradiated
• If it is packaged in a modified atmosphere (use of packaging gas to prolong shelf-life).

In certain circumstances, e.g., if the manufacturer emphasises the presence of a particular ingredient in the product, e.g., strawberries in strawberry yoghurt, the quantity of that ingredient must shown in percentage terms.

It is not illegeal to sell food in Ireland that is past it's sell by date provided it is in fully acceptable condition.

Labels on non-packaged food

Many other types of food require only that the name of the type of product be displayed on the label or a notice nearby.

These types of food include:

• Unpackaged foods such as bread or vegetables
• Foods pre-packaged by the retailer for sale on its own premises.

Nutritional labelling

Nutritional labelling is any information appearing on food labels relating to the food's energy value and/or nutrients, e.g., protein, carbohydrate and fat.

Nutritional labelling is compulsory only where a nutritional claim is made. However, if a label carries nutritional labelling (even when it does not need to), it must comply with EU Directive 90/496/EEC and Health (Nutrition Labelling For Foodstuffs) Regulations 1993, SI No. 388 of 1993. A nutritional claim is any claim that a foodstuff has a certain nutritional property due to its energy value and/or nutrients. This is applicable to products that, for example, state that they are low in fat. Infant food and formulas must also display nutritional information.

When nutritional labelling is provided, the information displayed on the product must consist of one of two types of presentation.

Group One

• energy value
• the amount of protein, carbohydrate and fat.

Group Two

• energy value
• the amount of protein, carbohydrate, sugars, fat, saturates, fibre and sodium.

All nutritional values must be given per 100g/100ml - values per serving/portion may be specified in addition. The more detailed the nutritional claim, the more precise the nutritional labelling needs to be.

The EU has proposed a new Regulation on health and nutrition claims. The proposed Regulation aims to ensure that consumers will be able to rely on the truth and accuracy of information on food labels. It is expected that the Regulation will come into force within the next year. Existing nutrition claims will be able to remain on the market for 2 years and existing health claims for three years. The proposed Regulation applies to food or drink products for human consumption. Products containing alcohol will not be allowed make any health or nutrition claims.

Food additives

The list of ingredients on the label of a food product must include any food additives. Additives must be designated by their category (e.g., "preservative" or "colouring agent"), followed by their specific EC number or complete name as an easy means of identification. The EU system has additives numbered in the range from E100 to E518.

Proposals to amend existing EU Directives regarding food additives have recently been agreed. The proposed changes include stricter requirements for nitrites and nitrates in meat. The proposal also allows the use of seven new food additives and extends the permitted uses of certain other additives.

Food supplements

Food supplements are usually in the form of medicines and are designed to supplement the normal diet. They are regulated as food if the amount of vitamins or minerals in the supplement is within the Recommended Dietary Allowance (RDA) listed in SI 65/2005 European Communities (Nutrition Labelling for Foodstuffs) Regulations 2005.

If the vitamin and mineral content of the food supplements is greater than 100% RDA, then they are classified as medicines and are regulated by the Irish Medicines Board. EU Directive 2002/46/EC Food Supplements is implemented in Ireland by SI 539/2003 Food Supplements Regulations. The Directive and these Regulations have applied since 1 August 2005.

The Directive lists vitamins and minerals and their chemical forms that can be used in supplements. However, ingredients not listed may stay on the market if the product containing that ingredient was on sale before 12 July 2002 and other conditions are met. The FSAI may allow derogations from the rules until 31 December 2009. The labelling, presentation and advertising of food supplements must not attribute medicinal properties to them and must include a number of warnings about their use.

Fortified food

A proposed new Regulation on fortified foods has been agreed. This lays down common EU rules on the addition of vitamins, minerals and other substances to foods. A list of vitamins and minerals that can be added to food is included in the proposed Regulation, as are criteria for setting minimum and maximum levels for such nutrients in food.

It is expected that the new rules will come into effect within the next year. For up to three years afterwards, products not in compliance with the Regulation will still be allowed to be marketed, provided that they were labelled or placed on the market before it came into force.

Labelling of genetically modified food

Genetically modified organisms (GMOs) are animals, plants, bacteria, viruses, and fungi in which genetic material has been altered in a way that does not occur naturally by mating or natural recombination.

A number of EU Regulations on the labelling and sale of genetically modified foodstuffs have been introduced. Under the Regulations:

• Directive 2001/18/EC on the deliberate release into the environment of GMOs: this applies to the experimental release of GMOs into the environment and the placing on the market of GMOs.
• The placing on the market of GMO food and feed or food and feed products containing or consisting of GMOs is regulated by Regulation (EC) No 1829/2003 on genetically modified food and feed.
• Regulation (EC) No 1946/2003 on transboundary movements of genetically modified organisms governs unintentional transboundary movements of GMOs as well as exports of GMOs to third countries.
• Directive 90/219/EEC, as amended by Directive 98/81/EC, on the contained use of genetically modified microorganisms (GMMs): this Directive regulates research and industrial work activities involving GMMs.
• Labelling and traceability requirements are laid down in Regulation (EC) No 1829/2003 and Regulation (EC) No 1830/2003.

There is also a range of legislation which provides for the implementation of these rules.