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BRC 5.2.6 - Who is responsible for label declarations?

Customer Label design

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#1 John Moreton

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Posted 17 July 2014 - 08:12 AM

Hi All

 

 

I have some disagreements with in our company regarding BRC 5.2.6 

 

We are a manufacturer and packager of vitamins and food supplements and we all so produce our customers labels that they design or we design using their specifications.

 

as these are essentially the customer property and design.......do we need to enforce the clause and ensure that we include a statement such as " manufactured/Packaged in a factory that handles all allergens"

 

Some believe it is not our responsibility, some believe anything we produce has to comply with the clause.

 

Thanks

 

 



#2 trubertq

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Posted 17 July 2014 - 08:21 AM

Yes..... you must label your products so that they are in compliance with the legislation pertinent to the country of sale.

 

You'll have to work with your customers to make sure that labels are legal. If there is any possibility of allergen contamination then this must be declared as the consequences for sensitive people can be drastic.

 

If you can prove through testing etc, that the probability of contamination is low then you do not need to declare allergens.

 

Since it is you who produce the products the responsibility is yours.


I'm entitled to my opinion, even a stopped clock is right twice a day

#3 cazyncymru

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Posted 17 July 2014 - 09:12 AM

I have a similar problem as a co-packer.

 

The labels are not my responsibility (as confirmed by my TSO) , however, I do have due diligence to ensure that the information is correct.

 

So, I always check the labels for such legalities, make my recommendations, and let them get on with it! I always send an email with my recommendations, and I ask them if they have had the contents approved by their TSO.  I document everything, and I discuss them all with my TSO when he visits.

 

Called covering your posterior!  :whistle:

 

Caz x



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#4 John Moreton

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Posted 17 July 2014 - 09:33 AM

Yes..... you must label your products so that they are in compliance with the legislation pertinent to the country of sale.

 

You'll have to work with your customers to make sure that labels are legal. If there is any possibility of allergen contamination then this must be declared as the consequences for sensitive people can be drastic.

 

If you can prove through testing etc, that the probability of contamination is low then you do not need to declare allergens.

 

Since it is you who produce the products the responsibility is yours.

 

I understand this point however it is not technically our product, formulation or label. it is the customers and we just manufacture and package on their behalf.

 

We do ensure that the products that are our own and labels we design for our own products DO meet legislation and include allergen advice. its just the private customer labels that is in question.



#5 Charles.C

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Posted 17 July 2014 - 01:28 PM

I understand this point however it is not technically our product, formulation or label. it is the customers and we just manufacture and package on their behalf.

 

We do ensure that the products that are our own and labels we design for our own products DO meet legislation and include allergen advice. its just the private customer labels that is in question.

Dear John Moreton,

 

IMEX the responsibility of the correctness of the label text, per se, inevitably rests with the customer assuming the manufacturer documents an agreement to implement a submitted type sample. Although I could imagine some heated follow-ups if the error is "blatant" (it usually isn't IMEX). The classic example is where foreign languages / legislation are involved.

 

But as to the contents, hmmm. eg in the event of a health related incident due to a correctly formulated product as per customer's  requirement and labelling, who is responsible ?

 

The logical first target will be the specific manufacturer (assuming accessible). From reading about actual cases, the manufacturer's UK "due diligence" defence seems to be assessed on the basis of having carried out all "reasonable" checks regarding the safety of the product. The effectiveness of an appropriate "carte blanche" declaration from a customer  seems  problematic to me but  depending on the cause of any incident. It seems questionable that the manufacturer can assume they are regarded merely as a robot in any production  but where to draw the "responsibility" line is another matter.

 

Caz's approach clearly attempts to pass the buck back on the TSO and maybe that is the "best practice" solution,  particularly if a grey area  exists.

 

I would have guessed by now that documented incidents may have occured to test such scenarios.?

 

Rgds / Charles.C


Kind Regards,

 

Charles.C


#6 cazyncymru

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Posted 17 July 2014 - 01:54 PM

John

If you have told your client that you handle allergens, then they should include the statement. However if you have told them, and they don't????

 

Best thing to do is to speak with your TSO and ask his / her advice.  :silly:

 

That's why their there.

 

Charles , I'm not trying to pass the buck at all, and especially not to the TSO. It's the customers label, and if I tell them something's wrong , and they don't want to change it, why should the (legal) onus be on us? I don't arrange the art work brief or employ the design agency. I supply them with the data, in the spec, SAQ etc, so that they can put any relevant information on a label.  But I do have a responsibility to say if something is wrong , which is what I do. And I let my TSO know what I've said. If he thinks it merits communicating with the home TSO, then he will and he will share my concerns. The home authority may think that yes, I'm right to bring up what I have, and will approach the brand owner. My TSO does not go direct to the label owner, but informs the home authority.

 

I work with some very large companies in the UK, and sometimes I don't see their new packaging until it's delivered into us. So why should I take responsibility for the design of that?

 

Caz  



#7 Charles.C

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Posted 17 July 2014 - 02:09 PM

Hi Caz,

 

Well, i thought the purpose of the TSO was to provide authoritative advice.

 

If not, who is the legal reference ? FSA ?

 

Rgds / Charles


Kind Regards,

 

Charles.C


#8 cazyncymru

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Posted 17 July 2014 - 03:10 PM

Its up to the label owner to obtain this advice, not me!



#9 Snookie

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Posted 17 July 2014 - 04:27 PM

For those of us in the colonies....what is the TSO?  Is that The Stationary Office and what is there function? 


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#10 cazyncymru

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Posted 17 July 2014 - 07:25 PM

I have a similar problem as a co-packer.

 

The labels are not my responsibility (as confirmed by my TSO) , however, I do have due diligence to ensure that the information is correct.

 

So, I always check the labels for such legalities, make my recommendations, and let them get on with it! I always send an email with my recommendations, and I ask them if they have had the contents approved by their TSO.  I document everything, and I discuss them all with my TSO when he visits.

 

Called covering your posterior! whistling.gif

 

Caz x


Edited by Charles.C, 10 March 2015 - 03:03 PM.


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#11 Charles.C

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Posted 17 July 2014 - 07:39 PM

Dear Snookie,

 

http://www.food.gov....ement/yourarea/

 

Curious that the EHO in Scotland/N.Ireland gets "the Law" ?

 

Rgds / Charles.C


Kind Regards,

 

Charles.C


#12 Snookie

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Posted 17 July 2014 - 08:41 PM

It's the Trading Standards Officer

 

Dear Snookie,

 

http://www.food.gov....ement/yourarea/

 

Curious that the EHO in Scotland/N.Ireland gets "the Law" ?

 

Rgds / Charles.C

 

Thank you.  Like understanding the differences. 


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#13 fgjuadi

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Posted 17 July 2014 - 09:07 PM

We co-man and I had the FDA tell me one of the wrappers a customer supplied was not to their standard.    We contacted the customer, gave them inventory of wrap, and asked how they wanted to proceed.   Turns out they also would like their product to comply with the FDA standards, so they corrected it.  It was nothing serious, but if it had been a food safety issue (missing allergen statement or misbranded) , we would not have continued to produce. 


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#14 Charles.C

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Posted 18 July 2014 - 03:51 PM

...

Dear annyegu,

 

Unfortunately yr post text seems to have self-deleted.

 

Rgds / Charles.C


Kind Regards,

 

Charles.C


#15 Ian R

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Posted 24 July 2014 - 01:15 PM

Hi

Caz is correct, it is the brand/product owner and not the manufacturer who is responsible.

the legislation says that the

The responsibility for the food information shall be;

• the operator under whose name or business name the food is marketed
Basically the company who's name, brand or address is on the product is responsible for the information on the packaging.
They are responsible for ensuring the information is present, accurate and complete
 
 
Which all sounds really nice until you get to:

A Food operator who does not affect the food information shall not supply food:

 “which they know or presume, on the basis of the information in their possession as professionals, to be non-compliant with the applicable food information law and requirements”. 

 
Which means if you know its wrong then you are also liable. This clause is more for the retail of product but could equally be applied to John's dilemma.
 
The best approach is to put the concerns in writing (cos, if its not written down it didn't happen) and then you have advised the customer. Advising the local TSO is not a bad idea either.
If they choose to disregard the concerns at least you have advised all concerned
 
rgds
Ian


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#16 Charles.C

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Posted 25 July 2014 - 11:18 AM

Dear IanR,

 

May one enquire where the "legislation" derives from ? link ?

 

The best approach is to put the concerns in writing (cos, if its not written down it didn't happen) and then you have advised the customer. Advising the local TSO is not a bad idea either.
If they choose to disregard the concerns at least you have advised all concerned

 

 

 

IMO, If the producer is reasonably certain that the food formulated as requested will contain a significant safety risk,  "the best approach" is for the producer to decline to make it. !!

 

Then put the reasons in writing, etc

 

Rgds / Charles.C


Kind Regards,

 

Charles.C


#17 cazyncymru

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Posted 25 July 2014 - 11:51 AM

Dear IanR,

 

May one enquire where the "legislation" derives from ? link ?

 

 

 

IMO, If the producer is reasonably certain that the food formulated as requested will contain a significant safety risk,  "the best approach" is for the producer to decline to make it. !!

 

Then put the reasons in writing, etc

 

Rgds / Charles.C

 

 

Directive 2011/83/EU Article 8 (1) & (3)

 

Caz



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#18 Charles.C

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Posted 25 July 2014 - 04:04 PM

A little more context –

 

The UK interpretation (assuming no later revisions ?) is apparently as per the attachment here –

 

http://www.ifsqn.com...ons/#entry68643

 

eg, Pg7 –

 

Requirement on a food business operator to ensure the presence and accuracy of food information

Articles 8(2), 1(3) and the first subparagraph of Article 54(1) (within 1169/2011)

 

48. Under Article 9(1) (h) of the EU FIC, the operator under whose name the food is marketed is responsible for the food information and needs to ensure the presence and accuracy of the food information in accordance with the applicable food information law and requirements of relevant national provisions. For imported food where the operator is not established in the EU, the importer may be responsible for the food information. Everyone else in the food supply chain has to take responsibility for ensuring that the information is accurate and must not supply food which they know or presume to be non-compliant with the law. FBOs not supplying directly to the consumer need to ensure that their customers have sufficient information to allow their customers to comply with the EU FIC. This requirement relates to both prepacked and non-prepacked food and includes giving allergen information although is not exclusive to that area.

et seq.

 

and the “source”  EU document,  –

Attached File  No.1169 - 2011 (EU).pdf   1.14MB   34 downloads

(see pg10/46, article 8 [1,3])

 

Rgds / Charles.C

 

PS - No doubt IanR is more clued-in than I as to the current UK viewpoint. :smile: 

 

PPS - added later - Note that the UK document quoted above has now (August 2014) possibly been superceded in relevant aspects by an FSA update referenced here - 

 

http://www.ifsqn.com...dance-aug-2014/


Kind Regards,

 

Charles.C





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