The introduction of a food product to the market requires the fulfillment of certain procedures. One of the requirements is proper labeling of products. The entire labeling process is subject to international standardization, but it is sometimes supplemented by national law.
In the case of Poland, the applicable guidelines are contained in the Regulation of the European Parliament and of the European Council No. 1169/2011 of October 25, 2011.
Product labeling - why is it needed?
Why is product labeling so important? It is a solution that is supposed to protect the consumer's right to quickly acquire knowledge about the purchased product. Thanks to them, the consumer can independently compare products of a similar category and make an informed choice, he is also protected against unfair practices on the part of the entrepreneur.
One of the requirements is that the product present on the market should have a label in the official language of the country in which it is distributed. This is important information for people exporting food products to Poland. Importantly, in the case of Polish producers who export their goods abroad, there is no longer a requirement to label products with a label in Polish.
Product labeling - regulations in force in Poland
The basic legal act in force in Poland and containing the requirements for food labeling is Regulation (EU) No. 1169/2011 of the European Parliament and of the Council (of 25 October 2011) on the provision of food information to consumers, amending the Regulations of the European Parliament and of the Council (EC) No 1924/2006 and (EC) No 1925/2006 and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the Parliament of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No. 608/2004 (Journal of Laws EU L 304 of 21.11.2011, as amended).
The above-mentioned regulations apply throughout the European Union - so producers from all EU Member States must comply with them. This has its good aspects: it allows you to standardize the entire procedure and formula, which is easier for both producers and consumers. However, one should not forget that distributors of food products, in addition to complying with EU laws, should also meet the requirements of local regulations. In Poland, additional food labeling requirements are defined by:
- the Act of 25 August 2006 on food and nutrition safety;
- the Act of 21 December 2000 on the commercial quality of agricultural and food products;
- Regulation of the Minister of Agriculture and Rural Development of 23 December 2014 on the labeling of particular types of foodstuffs.
Food labeling - main requirements
The above-mentioned regulations impose on food producers and distributors the obligation to include on product labels such information as:
- food name,
- list of ingredients,
- ingredients or processing aids causing allergies or intolerances that have been used in the production of food
the amount of specific ingredients or categories of ingredients, - net amount of food,
- date of minimum durability or best-before date,
- special storage conditions or special conditions of use,
- name or business name and address details of the food business operator responsible for the content on the label,
- country or place of origin in cases specified in the regulation,
- instructions for use where, in the absence of such instructions, the appropriate use of the foodstuff would be impeded,
- for drinks containing more than 1,2 % alcoholic strength by volume, the actual alcoholic strength by volume,
- nutritional value, which - for most products - includes such components as energy value, amount of fat, amount of saturated fatty acids, amount of carbohydrates, amount of sugars, amount of protein and amount of salt in relation to 100g of the product and/or portion of the product.
Not only the content itself is important, but also the layout of the content
Entrepreneurs responsible for the labeling of food products should remember that the aforementioned Regulation imposes not only the obligation to include specific information on the product label, but also their proper arrangement. The concept of "field of vision" appears here, i.e. the part of the packaging from which the consumer is able to read information from a single point of view. Depending on the shape of the packaging, meeting this requirement may be simpler (rectangular, square packaging) or more difficult (round packaging or packaging of various and unusual shapes).
The EU regulation precisely specifies which information should fit into this "field of vision". These are:
- food name,
- amount of food (net),
- percentage by volume of alcohol (for products with an alcoholic strength by volume of more than 1.2%).
Labeling and proper determination of the best-before date
Every food product, without exception, has a date of minimum durability or use-by date. On the labels of food products, in addition to specifying the net weight of the product, it is also required to clearly indicate its shelf life or the mentioned date of minimum durability. Entrepreneurs responsible for labeling should maintain the correct dimensions for the height of numbers and letters defining this value - details regarding this procedure are included in the Regulation of the Council of Ministers of October 11, 2005 on detailed requirements for labeling prepackaged goods.
What is the difference between "use by date" and "best before date"? The first is used in the case of microbiologically unstable products, which after a certain period of time may become unfit for consumption or even dangerous to health. For such foods, the labeling should include the words "USE BY [DAY]. In the case of more stable products, their date of minimum durability is indicated. This can be done in two ways, by stating on the label "BEST BEFORE [DAILY DATE]" or "BEST BEFORE THE END OF [MONTH AND/OR YEAR LISTED]".
In the case of frozen food, the date of freezing of the product is also required.
Food label - indication of the country of origin
In certain cases, it is required that the label contains information about the country of origin of the food product. These are situations where the lack of such information could negatively affect the consumer's decision.
For entrepreneurs responsible for product labeling, a significant change was introduced by the regulation of 1 April 2020, which sets out the rules for providing information on the place of origin of the "primary food ingredient" (i.e. an ingredient that constitutes at least 50% of the entire product). According to the regulations, the indication of the origin of the primary food ingredient is required when it differs from the place of production. An example is when the producer of pomegranate juice is Germany, and the "basic food ingredient", i.e. pomegranate, comes from Iran.
Summary
The requirements for the labeling of food products in Poland are largely based on EU regulations - the same for the entire territory of the community. However, they are also supplemented by local regulations. When introducing a new food product to the Polish market, it is important to remember to properly comply with both EU and local requirements, one of the main ones being the requirement to place a label in Polish on the packaging.