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Primary ingredient labeling: Country of origin or place of provenance


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#1 williamzy

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Posted 15 January 2020 - 05:49 PM

Hello guys,

 

I have been thinking about primary ingredient provenance and my brain exploded. I hope your thoughts about this topic will help me to restore it

 

Part of regulation below:

 

Article 26

Country of origin or place of provenance

1.   This Article shall apply without prejudice to labelling requirements provided for in specific Union provisions, in particular Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialties guaranteed (33) and Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (34).

2.   Indication of the country of origin or place of provenance shall be mandatory:

(a)

where failure to indicate this might mislead the consumer as to the true country of origin or place of provenance of the food, in particular if the information accompanying the food or the label as a whole would otherwise imply that the food has a different country of origin or place of provenance;

 

(b)

for meat falling within the Combined Nomenclature (‘CN’) codes listed in Annex XI. The application of this point shall be subject to the adoption of implementing acts referred to in paragraph 8.

3.   Where the country of origin or the place of provenance of a food is given and where it is not the same as that of its primary ingredient:

(a)

the country of origin or place of provenance of the primary ingredient in question shall also be given; or

 

(b)

the country of origin or place of provenance of the primary ingredient shall be indicated as being different to that of the food.

The application of this paragraph shall be subject to the adoption of the implementing acts referred to in paragraph 8.

Article 26(3) of Regulation (EU) No 1169/2011 addresses cases where the country of origin or place of provenance is given mandatorily in accordance with Article 26(2)(a) of the Regulation or voluntarily through any indication such as statements, terms, pictorial presentation or symbols.

 

Article 1

Scope

1.   This Regulation lays down the modalities for the application of Article 26(3) of Regulation (EU) No 1169/2011 where the country of origin or place of provenance of a food is given by any means such as statements, pictorial presentation, symbols or terms, referring to places or geographical areas, except for geographic terms included in customary and generic names where those terms literally indicate origin but whose common understanding is not an indication of country of origin or place of provenance.

 

Example:

 

There is a product – biscuits.

 

One the front label we have name “London biscuits” and Big Ben picture.

 

Biscuit are “english type” but were produced in Germany.

 

According to art. 23.2 on the back label is a statement “Produced in Germany”, to avoid misleading the consumer that product is from England.

 

Primary ingredient is from Spain.

 

What and where would you write on such label about primary ingredient?

 

First option – we may assume that name and picture on the front label is not a provenance indication (London/BigBen), only statement on the back label is (Produced in Germany), so we put information about primary ingredient on the back label. But according to article 1 2018/775 regulation - the country of origin or place of provenance of a food may be given by any means such as statements, pictorial presentation, symbols or terms, referring to places or geographical areas so on the front label we also have country of origin or place of provenance indication (London/BigBen).

 

Second option – we may assume that name and picture on the front label (London/BigBen) is a provenance indication, and statement on the back label is provenance indication (Produced in Germany), so we put information about primary ingredient on the front label and on the back label – this option looks more in compliance with regulations for me, but also quite strange.

 

Do you have any thoughts on this matter?

 

Thank you in advance!


Edited by williamzy, 15 January 2020 - 05:49 PM.


#2 pHruit

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Posted 15 January 2020 - 08:43 PM

Just to further complicate things, it should be noted that there is an exception in Article 1 of Regulation (EU) 2018/775: except for geographic terms included in customary and generic names where those terms literally indicate origin but whose common understanding is not an indication of country of origin or place of provenance.

 

One valid question is therefore whether a "London biscuit" is a style of biscuit that is likely to be understood as such by consumers in the market in which its sold? It's not a term I'm familiar with as a Brit, but then lots of countries (mis)use such terms in local descriptions of products. I've certainly eaten "French pastries" produced here in the UK that I'm sure would offend any French citizen who encountered them :ejut:

 

Nonetheless, without having time to reread all the guidance this evening, my initial gut feel is that your option (2) is the more sensible here. I posted a guidance document from FoodDrinkEurope in this thread that you may find useful reading: https://www.ifsqn.co...ient-of-a-food/

If I get chance tomorrow I'll have a proper look through it again and try to come back with a more comprehensively-reasoned idea for you!



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#3 williamzy

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Posted 16 January 2020 - 09:02 AM

Just to further complicate things, it should be noted that there is an exception in Article 1 of Regulation (EU) 2018/775: except for geographic terms included in customary and generic names where those terms literally indicate origin but whose common understanding is not an indication of country of origin or place of provenance.

 

One valid question is therefore whether a "London biscuit" is a style of biscuit that is likely to be understood as such by consumers in the market in which its sold? It's not a term I'm familiar with as a Brit, but then lots of countries (mis)use such terms in local descriptions of products. I've certainly eaten "French pastries" produced here in the UK that I'm sure would offend any French citizen who encountered them :ejut:

 

Nonetheless, without having time to reread all the guidance this evening, my initial gut feel is that your option (2) is the more sensible here. I posted a guidance document from FoodDrinkEurope in this thread that you may find useful reading: https://www.ifsqn.co...ient-of-a-food/

If I get chance tomorrow I'll have a proper look through it again and try to come back with a more comprehensively-reasoned idea for you!

 

Hi pHruit,

 

thank you for your answer 

 

One valid question is therefore whether a "London biscuit" is a style of biscuit that is likely to be understood as such by consumers in the market in which its sold? – I’m pretty sure this name won’t be understood in the market in which it’s sold. These biscuits are “english style” but our consumers are not truly familiar with english biscuits. So unfortunately I can’s safely assume that this exception would be triggered.

 

And yes, lots of countries (mis)use such terms in local descriptions of products  :ejut:

 

I’ll definitely check this guidance. 

 

You’re great support   :thumbup:



#4 karina.j

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Posted 17 January 2020 - 08:39 AM

hi

just received BRC/FDF guidance (appologies if someone already posted it)

maybe it will help you

 

regards

 

 

karina 

Attached Files


Edited by karina.j, 17 January 2020 - 08:40 AM.


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