Foodlaw-Reading Dr David Jukes, The University of Reading, UK
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Food Law News - EU - 2017

Official Journal, 13 December 2017

LABELING - Commission Notice relating to the provision of information on substances or products causing allergies or intolerances

The following is the Introduction to the Notice published in the Official Journal on the 13 December 2017.

This Notice is intended to assist businesses and national authorities in the application of the new requirements of Regulation (EU) No 1169/2011 of the European Parliament and of the Council (‘the Regulation’) related to the indication of the presence of certain substances or products causing allergies or intolerances (Article 9(1), point (c) and Annex II to the Regulation).

Regulation (EU) No 1169/2011 on the provisions of food information to consumers lays down new requirements on allergen labelling compared to the former Directive 2000/13/EC of the European Parliament and of the Council.

In particular, under the new legislation it is required that the information on the presence of allergens in foods is always provided to the consumers, including on non-prepacked foods (Article 9(1), point (c) and Article 44). The Member States are however allowed to adopt national measures concerning the means through which information on allergens on non-prepacked foods is to be made available. With regard to the prepacked foods, the Regulation lays down the modalities defining how the information on allergens has to be provided on foods (Article 21). Consequently, the existing Guidelines on allergen labelling drafted under the regime of Directive 2000/13/EC needs be updated as a reflection of this change in the law.

This Notice is without prejudice to the interpretation which the Court of Justice of the European Union may provide.

COMMISSION NOTICE  of 13 July 2017 relating to the provision of information on substances or products causing allergies or intolerances as listed in Annex II to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers This notice was published on the 13 December 2017 in the C428 issue of the Official Journal, page 1. A copy can be obtained from the Official Journal website (click on the image).