Cocoa and Chocolate Products

Certain cocoa and chocolate products must comply with the reserved descriptions set out in the Coco and Chocolate Products Regulations 2003. The rules lay down the composition of cocoa and chocolate products including setting minimum ingredient and specific labelling requirements. The amount of cocoa solids and milk solids that must be present are stipulated, as well as allowing only certain additional ingredients to be added.

A cocoa solids declaration such as X% minimum is required for most chocolate products covered by the rules and where appropriate a milk solids declaration is also required. This enables consumers to make informed decisions about the type of chocolate they want to buy.

Where the Cocoa and Chocolate Products (England) Regs 2003 require chocolate to be labelled with its cocoa content, it needs to be so labelled whether it is pre-packed or PPDS. It should be noted that the requirement to label % cocoa content only applies to specified chocolate products, not all chocolate. Further guidance can be found at Labelling of sweets | Business Companion

Jam and marmalade

Jam and similar products like jellies and marmalades must comply with the reserved descriptions in the Jam and Similar Products (England) Regulations 2003.

The rules include:

• compositional requirements such as minimum fruit and sugar requirements
• specific labelling requirements such as declaring the amount of fruit and sugar in a jam or marmalade
• Some ingredients may be added to jams and marmalades. The regulations also provide national rules for mincemeat and fruit curds.
• Importing fruit curds and mincemeat into England from 1 October 2022

Fruit curds and mincemeat imported from the EU, Norway, Iceland and Liechtenstein into England from 1 October 2022 must meet the labelling and composition rules.

Honey

Honey composition and labelling is controlled by The Honey (England) Regulations 2015. This legislation lays down reserved descriptions that must be used for:

• the source from which the honey is obtained (for example, blossom, honeydew)
• the processes by which it’s obtained (for example, drained, extracted)
• the way it’s presented (for example, comb, chunk honey)
• The regulations lay down detailed specifications honey must comply with in terms of its composition and sets out some general quality criteria for honey.
• Where a reserved description is used (for example, ‘comb honey’ or ‘honeydew honey’), the product must be made according to the defined compositional criteria.

Bottled water

There are 3 types of bottled water with rules that producers need to follow to produce and market it to the public. These are:

• natural mineral water
• spring water
• bottled drinking water

Read the guidance to compare natural mineral water, spring water and bottled drinking water. You can check the list of recognised natural mineral waters in the UK. These rules are laid out in law in The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007.

Bread and Flour

The Bread and Flour Regulations 1998 lay down labelling and compositional standards for bread and flour. The regulations define terms such as ‘wholemeal’ and ‘self-raising’.

Iron, niacin, thiamine and calcium must be added to wheat flour (except wholemeal) that’s produced in or imported into England. These rules aim to protect the public’s health.

From 1 October 2022, bread imported from the EEA to England must not contain or have been prepared with flour bleaching agents.

Bread labelled or advertised as:

• ‘wholemeal’ must contain 100% wholemeal flour
• wheat germ’ must have at least 10% added processed wheat germ

Bread in England can continue to be used and sold where it does not meet these rules after 1 October 2022 if it was both:

• lawfully marketed in an EEA country (even if it originally came from a non-EEA country)
• imported at any time before 1 October 2022

Fats and oils

There are general labelling rules for fats and oils when labelling them as an ingredient ‘vegetable oil or fat’.

From 1 October 2022, spreadable fats cannot be imported from Norway, Iceland and Liechtenstein into England if they do not meet the labelling and compositional rules for sale or supply to consumers in England – for example, through restaurants, hospitals or canteens.

Olive oil

Olive oil products have specific requirements relating to chemical and sensory characteristics. Read the detailed guidance on olive oil labelling, packaging and inspections.

Fruit juices and nectars

The Fruit Juice and Fruit Nectars (England) Regulations 2013 bring together all rules on fruit juices and fruit nectars by setting minimum compositional standards.

These rules define terms such as fruit juice, fruit juice from concentrate, concentrated fruit juice, water extracted fruit juice and fruit nectar. For example, orange juice must have a minimum brix (sugar) level of 11.2.

They also lay down permitted authorised ingredients and treatments in the manufacture of fruit juices.

Soluble Coffee

Instant coffee is controlled by rules covered in The Coffee Extracts and Chicory Extracts (England) Regulations 2000. These define soluble coffee extracts and chicory extracts in terms of their coffee and chicory content, as well as providing rules on their labelling. For example, ‘preserved with X’, ‘with added X’, or ‘roasted with X’. They also control the use of the term ‘decaffeinated’

Sugar

The Specified Sugar Products (England) Regulations 2003 lay down reserved descriptions for certain types of sugar products. These rules set out specifications for the sugar products covered (such as table sugar, fructose and glucose syrups) and provide any additional labelling requirements.

Examples of requirements include:

• rules for changes in weight (for example, maximum loss of weight once dried (per cent)
• manufacturing processes (for example, partly inverted via hydrolysis)
• specific labelling requirements for glucose syrups containing fructose

Products covered by the rules include white sugars, dextrose, glucose syrups and fructose.

Milk Products

There are general labelling rules for milk and milk products (for example, labelling milk as an allergen). Drinking milk is covered by The Drinking Milk England Regulations 2008

The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (England) Regulations 2008 require milk and milk products intended for human consumption to comply with certain specifications for names and composition.

For condensed milk and dried milk, there are specific compositional and labelling requirements in The Condensed and Dried Milk (England) Regulations 2015 (for example, fat and milk solid content).

The Caseins and Caseinates (England) Regulations 2017 contain specific compositional and labelling requirements for caseins and caseinates (for example, milk protein content).

Products Containing Meat

There are general labelling rules for meat and meat products, including for:

• country of origin
• the name of the food (when water or other animal species are added
• certain meat products that look like a cut, joint, slice, portion or carcase of meat

For a range of products containing meat, The Products Containing Meat etc. (England) Regulations 2014 set out certain rules. These regulations include the minimum meat content requirements for certain meat products sold using reserved descriptions (for example, sausages, burgers, corned beef, meat pies and pasties). There is further guidance on meat and products containing meat.

For beef and veal, there are specific rules in The Beef and Veal Labelling Regulations (2010) and detailed guidance on beef and veal labelling.

Importing products containing meat to England from 1 October 2022

From 1 October 2022 products containing meat cannot be sold in England if they do not meet the labelling and composition rules.

Claims

A claim is any food information, message or communication that is not required by law and states, suggests or implies that food has certain characteristics. For example, a nutrition declaration that states the amount of protein in the food is not a ‘claim’ because a nutrition declaration is required by legislation; however, the statement ‘A good source of protein’ is a ‘claim’ because it is not required by legislation.

The definition of ‘claim’ includes both written and spoken information, and includes pictures, graphics and symbols.  

There are three types of claims made on foods: general claims, nutrition claims and health claims.

General claims do not relate to nutrition or health and include all other statements made on food information – for example, ‘Made with 100% renewable energy’.

There are no specific rules for general claims such as these; however, every statement that appears on the product and in any commercial communication that relates to the product (websites, promotional material, etc) must be true.

Use of the term ‘organic’

For any product being made from organic ingredients and intended to be marketed as an organic product, the name of the food should still be ‘X Jam made from organically produced X’. An appropriate organic certification mark must be included on the label. Registration with an appropriate United Kingdom certification body is also required.

Further guidance ‘Labelling and describing organic food’, explains the extra legal controls that apply.

‘GM-free’ or ‘Produced from non-GM material’ claims

For products consistently 100% free from genetically modified material claims are currently permitted, as long as such claims can be substantiated.

Additives, flavourings and extraction solvents may have been produced from genetically modified organisms.

A tolerance of 0.9% is allowed for small quantities of GM contamination in non-GM foods but only for products from sources that are said not to be genetically modified and that have good control systems throughout the supply chain. This tolerance is only applicable to GM products that already have an EU approval. There is no threshold for any GM products that do not have an EU approval in place.

Use of the term ‘fresh’ or ‘freshly’

The terms “fresh” or “freshly” should only be used where they have a clear meaning, whether used alone or qualified by other terms. The description can help consumers differentiate between similar products, for example: • fresh fruit salad that is made only from fresh fruit; • fresh dairy products (such as cream) held under chilled conditions at point of sale, with limited shelf life, even where they have been subjected to a minimal, mild heat treatment such as conventional pasteurisation for safety purposes.

Expressions such as “freshly cooked”, “freshly prepared”, “freshly baked”, “freshly picked” should have no other connotation than the immediacy of the action being described. Where such expressions are used, it is recommended they be accompanied by an indication of the date or time or period of when the action being described took place (e.g. “freshly prepared this morning”).

Use of the term ‘natural’

“Natural” means essentially that the product is comprised of natural ingredients, e.g. ingredients produced by nature, not the work of man or interfered with by man. It is misleading to use the term to describe foods or ingredients that employ chemicals to change their composition or comprise the products of new technologies, including additives and flavourings that are the product of the chemical industry or extracted by chemical processes.

Use of the term ‘traditional’

The term “traditional” is widely used to describe a product or method of preparation when newer alternatives are available on the market. It implies more than “original” or “plain”. The term “traditional” should demonstrably be used to describe a recipe, fundamental formulation or processing method for a product that has existed for a significant period. The ingredients and process used should have been available, substantially unchanged, for that same period. It is within consumer expectations for the product to have been made in a factory.

Use of the term ‘original’

Unlike “traditional” the term “original” does not imply, necessarily, that a product has remained unchanged for a substantial period of time. It may be applied to newer products on the market. It is used to indicate that a product was the first of its type to be placed on the market, where the original form or flavour has remained essentially unchanged through the passage of time (although this need not be a long period) and hence to differentiate it from new additions to a range. The term is commonly used to convey “plain” or “unflavoured” where other variants are offered (e.g. “original flavour crisps”) or to indicate the first variant in a series of products.

Use of the term ‘home-made’

“Home-made” is a term defined very simply and specifically in dictionaries:

• made or prepared in the home; of domestic manufacture
• made at home using traditional methods rather than by a manufacturer
• made by oneself
• crudely or simply made

Consumers understand the term “home-made” to mean food prepared in a domestic kitchen rather than in a factory or a manufacturer’s kitchen. The use of the term, if unqualified, should accordingly be restricted to the broad criteria above.

In commercial catering premises, the term “home-made” should be restricted to the preparation of the recipe on the premises, from primary ingredients, in a way that reflects a typical domestic situation. This should not be achieved simply by the assembly of wholly pre-prepared elements, or simple reconstitution from dry base mixes, but must involve some degree of fundamental culinary preparation. However, as in domestic preparation, it would be legitimate for caterers to use partly-prepared ingredients; typical examples could include the use of pre-prepared raw pastry, bakery bread in desserts or stock cubes in sauces.

Pre-packed and non-prepacked food

For prepacked food, the words ‘This product contains genetically modified organisms’, or ‘This product contains genetically modified [name of organism(s)]’ must appear on the label

For non-prepacked food offered to the final consumer, the words ‘This product contains genetically modified organisms’ or ‘This product contains genetically modified [name of organism(s)]’ must appear on or near the display of the product, for example on a shelf edge label, on a menu or on a notice.

Food, flavourings and food additives with a list of ingredients

Where the food consists of more than one ingredient the words ‘Genetically modified’ or ‘Produced from genetically modified [name of the ingredient]’, must appear in brackets immediately after the name of the ingredient concerned. For example, a biscuit containing soya flour derived from GM soya must be labelled ‘Contains soya flour produced from genetically modified soya’.

Where ingredients are designated by a category, the designation must be completed by the words ‘Contains genetically modified [name of organism]’ or ‘Contains [name of ingredient] produced from genetically modified [name of organism]’ and must appear in the list of ingredients. For example, for vegetable oils containing rape seed oil produced from genetically modified rape, the reference ‘Contains rape seed oil produced from genetically modified rape’ must appear in the list of ingredients.

For both of these, the indications may appear in a footnote to the list of ingredients, provided that they are printed in a font of at least the same size as the list of ingredients. Where there is no list of ingredients, they must appear clearly on the labelling.

Food, flavourings and food additives without a list of ingredients

The words ‘Genetically modified’ or ‘Produced from genetically modified [name of organism]’ must appear on the labelling of the food. For example, ‘A spirit containing caramel produced from genetically modified maize’ or ‘Genetically modified sweet maize.’

Non-prepacked food

For non-prepacked food offered to the final consumer, the words ‘This product contains genetically modified organisms’ or ‘This product contains genetically modified [name of organism(s)]’ must appear on or near the display of the product, for example on a shelf edge label, on a menu or on a notice.

Where the food is offered for sale to the ultimate consumer as non-prepacked or as prepacked in small containers, of which the largest surface has an area of less than 10 cm², the information must be permanently and visibly displayed either on the food display or immediately next to it, or on the packaging material, in sufficiently large print for it to be easily read. For example, ‘Bread produced from genetically modified maize.’

Authorisation of GM ingredients

In order to be used in food, GM ingredients must first be authorised for use.

GM ingredients to be used in food sold in GB must appear on the GB list of authorised GMOs

GM ingredients to be used in food sold in NI or the EU must appear on the EU register of authorised GMOs

Common products that may be genetically modified

Genetically modified maize (corn) contains a toxin to prevent damage by the corn borer.

There is no restriction to prevent it being sold as a vegetable.

Currently only Monsanto 810 Maize has commercial approval to be grown in Europe Genetically modified tomatoes have been developed for flavour as well as other properties. Check packaging, delivery notes, invoices, ingredient specs etc

Meat Product Content Declaration

A meat product is any product that contains meat as an ingredient. 

A declaration of how much of the product is made of meat in the form of a percentage is required. This is referred to as a quantitative ingredient declaration (QUID). 

Non-prepacked foods are not affected by any other QUID requirements, only the percentage of meat (please note, the non-prepacked QUID meat declaration requirement does not apply in a catering setting)

In the case of products that do not have an ingredients list the QUID should be presented as a statement specifying the type and amount of meat – for example, ‘X% meat’. 

Where more than one type of meat has been used there must be a quantitative ingredient declaration for each – for example, ‘X% chicken, X% pork’. 

The QUID can alternatively be given in the name of the product – for example, ‘Sausage roll (20% pork)’.

EXAMPLES: 

• Meat in a deli or sausage rolls in a bakery counter sold PPDS or loose (NPP) would require a meat content declaration. 
• A café or restaurant selling a pie, for example, would not need to be labelled with the meat content % (but they would need to comply with the compositional requirements for meat products, for example the % of beef in a beefburger). 
• A café catering setting with a front of shop bakery counter, as well as café seating, a meat content declaration would be required if meat products are sold loose/ non pre-packed or PPDS– for example with PPDS/ NPP sausage rolls to purchase from the bakery counter.

For PPDS, the meat content declaration (QUID) should be on the label. It can be as a percentage in brackets in the ingredients list after the name of the ingredient e.g. ‘Pork (80%)’ Or it can be given as a statement in or next to the name of the food e.g. ‘containing 80% pork’.

Meat Products Compositional Requirements

Some meat products must have a minimum amount of meat and some can only include certain types of meat. These are summarised in the table following

If a product does not contain enough meat,  or contains a different type of meat to that allowed, the description given in the ‘Name of product’ column cannot be used. For example, a beef burger must contain a minimum of 62% meat; if it has less than 62% it cannot be called a beef burger.   

A practical way to check the required meat content is to look at packaging in the kitchen, invoices, delivery notes, ingredient specification etc. For example, if a menu in a restaurant describes a ‘Pork Burger’ check the wholesale packing in the kitchen to ensure it states 67% meat content.

Minimum Meat Content Requirements

Please note: 

• X is used to refer to a specific type of meat, such as beef in beef burgers, pork in pork pies, etc 
• meat content for numbers 7-13 should be calculated by reference to the weight of uncooked ingredients 
• ‘meat’ includes cured meat

Meat Product Content Declaration

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Meat Product Content Declaration

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Minimum Meat Content Requirements

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Nutrition and Health Claims

Nutrition and health claims are required to be based on scientific evidence and may only be used in commercial communications if they have been authorised following scientific assessment of substantiating evidence.

What to look out for

The claim (presence, reduced, etc) being made about the energy, nutrient (protein, carbohydrate, fat, fibre, sodium, vitamins and minerals) or other substance must have been shown to have a beneficial nutritional or psychological effect.

The substance for which the claim is being made is present in a significant amount or, if no significant amount has been set, present in a large enough quantity for the person eating the food to get the benefit being claimed.

The substance for which the claim is being made must be present in the food in a format that can be used by the body.

The amount of food that can reasonably be expected to be consumed provides a significant amount or, if no significant amount has been set, enough for the person eating the food to get the benefit being claimed. The claim can only be made if the average consumer can be expected to understand it.

The claim must refer to the product once it is ready to eat in accordance with the manufacturer’s instructions. For example, you could not make a fat-free claim on a powdered drink if the instructions specify that it should be made with full fat or semi-skimmed milk.

General prohibitions for health and nutrition claims

Nutrition and health claims cannot be made if they:

• are false, ambiguous or misleading
• cause consumers to doubt the safety or the nutritional adequacy of other foods
• encourage people to eat excessive amounts of food or suggest that it is okay to do so
• state, suggest or imply that a balanced diet cannot provide sufficient nutrition
• refer to any change in bodily functions that could cause or exploit fear in consumers

Nutrition claims

A nutrition claim is any claim that states, suggests or implies that a food has beneficial nutritional properties due to the energy, nutrients or other substances that it either:

• contains or does not contain’ … or
• contains in an increased or reduced amount

‘Nutrient’ includes protein, carbohydrate, fat, fibre, sodium, vitamins and minerals.

Making any nutritional claim triggers the requirement to provide a full nutritional declaration, even if the product would normally be exempt from needing one (prepacked products only).

Full information on nutrition declarations can be found in ‘‘Labelling of prepacked foods: nutrition declaration’.

Only certain nutrients can be included in the nutrition declaration; if the substance to which the claim relates cannot be included in the nutrition declaration, the manufacturer must:

• make a nutrition declaration as normal
• state the amount per 100 g / 100 ml of the substance in the same field of vision as the nutrition declaration (same field of vision means that the product can be held so that both pieces of information can be seen at the same time)

Only certain nutritional claims can be made and there are conditions that must be met before they can be made; these usually specify how much of the substance must be provided. Full details can be found in guidance ‘‘Permitted nutrition claims’

Comparative nutrition claims

Comparative nutrition claims are those that compare a property of one product to the same property of another product – for example, ‘Contains half the sugar of similar products’.

Comparative claims are subject to the following rules:

• the product can only be compared to products in the same category of foods (for example, you couldn’t compare the amount of calcium in a pint of milk to that in a chocolate bar)
• the comparison must be against a range of foods rather than a single competing product
• manufacturers can make comparisons to their own product (for example, ‘30% less salt than our standard beans’) but they must also consider the composition of similar products to ensure the comparison is fair
• the difference in the amounts of the substance must be stated
• all comparisons must be based on the same amount of food

Health claims

A health claim is any claim that states, suggests or implies that there is a relationship between health and a food, a type of food or something in a food

Making any health claim triggers the requirement to provide a full nutritional declaration, even if the product would normally be exempt from needing one (prepacked products only).

Only certain nutrients can be included in the nutrition declaration; if the substance to which the claim relates cannot be included in the nutrition declaration, the manufacturer must:

• make a nutrition declaration as normal
• state the amount per 100 g / 100ml of the substance in the same field of vision as the nutrition declaration

Prohibited health claims

The following health claims cannot be made:

• claims that suggest that health could be affected by not consuming the food
• claims that refer to the rate or amount of weight loss, including:
• statements (for example, ‘Lose two stone in two weeks’)
• ‘before and after’ pictures
• testimonials used in commercial communications (see below)
• claims that refer to recommendations of individual doctors or health professionals and other associations

General non-specific health claims

These are claims that say nothing specific but state, suggest or imply in general terms that consuming the product will provide health benefits.

Examples include:

• healthy
• good for you
• nutritious
• sense of wellbeing
• superfood
• invigorating
• antioxidant

General non-specific (GNS) health claims are permitted; however, if a GNS is used it must also include a specific health claim on the product (which will trigger the labelling requirements for specific health claims below).

The specific health claim used must be appropriate to the product; therefore the specific claim would need to relate to a substance that is in the product and present in a sufficient quantity to provide the beneficial effect (as per the general rules above).

An example of a general non-specific health claim supported by a specific authorised claim might be:

• ‘X Energy – soar like an eagle’
• ‘X Energy contains vitamins B6 and B12. B-group vitamins are essential micronutrients that are required for maintaining normal body functions.’

Specific health claims

These claims link a nutrient to a specific health benefit – for example: ‘Calcium contributes to normal energy-yielding metabolism’.

All claims need to be authorised before they can be used and claims will only be authorised if the applicant has provided enough scientific evidence to prove that there is a link between the substance and the health benefit being claimed.

Only authorised claims may be used (the Great Britain nutrition and health claims (NHC) register can be found on the GOV.UK website). Once a claim is authorised it can usually be used by anyone, not just the person who made the application.

Claims that have been authorised on the basis of proprietary data are listed in a separate annex. ‘Proprietary data’ (PD) is technical data that is considered a trade secret and has been developed at private expense. Claims that have been approved on the basis of PD can only be made by the business named in the entry for five years from the date of authorisation, after which time they can be used by anyone.

Health claims labelling

When using a specific health claim the product must also bear the following labelling:

• a statement indicating the importance of a varied and balanced diet and a healthy lifestyle
• the quantity of the food and pattern of consumption required to obtain the claimed beneficial effect – for example, ‘One capsule per day with food’
• where appropriate, a statement addressed to persons who should avoid using the food – for example, energy drinks bearing the statement ‘Not recommended for children or pregnant or breast-feeding women’
• an appropriate warning for products that are likely to present a health risk if consumed to excess – for example, ‘Excessive consumption may produce laxative effects’

Commercial communications

Food information is much broader than food labels and includes everything that is said about a product in a commercial context (for the purposes of selling or promoting the sale of the product). Examples include:

• websites
• social media posts made by the business
• social media posts made by others and re-published or linked to in some way by the business
• printed adverts (magazines, posters, etc)
• radio and television adverts
• paid ‘advertorials’ (where someone is employed to write a review and in doing so makes claims about the product).
• ‘paid’ includes consideration by other means (free product etc)

A declaration of how much of each nutrient is present in each portion of the product may be provided (best achieved with a separate column in the table) but this must be in addition to the amounts per 100 g / ml and it must be stated how many portions are contained in the pack (and preferably the size of portion in g / ml) somewhere close to the table.

Do individual food items wrapped in cling film need to be labelled?

Where individual items are sold pre packaged in cling film, and it meets the definition of packaging, then it is PPDS food and must be labelled. This is not the same as NPP food in a fridge covered in clingfilm. To meet the criteria, the food must be fully or partly enclosed by the packaging and cannot be altered without opening or changing the packaging in some way.

Does food displayed under protective domes need to be labelled?

If the food under a dome is a single item, consisting of food and the packaging it is placed in, and it is ready for presentation to the consumer, then this is PPDS food. 

If the dome is removed before the food is presented to the consumer then this is not PPDS, this is non-prepacked food.

As an example, a sushi dish covered with a protective dome that is presented to the consumer with the dome on is PPDS food.

Where a large cake is under a dome and the intention is to slice it into individual portions and serve on a separate plates, this would not be PPDS as the large cake and the packaging it was stored in is not a ‘single item’. This is non-prepacked food. 

Does food need to be labelled if it is prepared and wrapped and kept under a hot lamp before it is ordered?

If food is prepacked in anticipation of consumer orders, these products require PPDS labelling.

How should buffet food be labelled?

Whether food at a hot counter or buffet is affected by the PPDS rules depends on the specific set up.  

The PPDS rules apply to food that is packed before the consumer orders it at the site at which it is sold. If this is not the case, and the food is packed to order on site, or is not in packaging, the food is considered non-prepacked. If this is the case, existing allergen information requirements apply.

If food is offered in the form of a buffet, allergen information should be provided for each food item separately on the buffet.

If the buffet food is prepacked before it has been ordered by the consumer, a full ingredient list is required to be provided directly on the product packaging or a label attached to the packaging with allergens emphasised within the ingredients list.

If the food is ordered in advance and then packed on the day of collection, this is not PPDS.

Does it make a difference to PPDS labelling requirements if the food is consumed on premises or taken away?

No, it does not make a difference. If the food is PPDS, labelling rules apply whether the consumer consumes it on premises or at another location.

How much detail is required when labelling compound ingredients?

A compound ingredient is an ingredient that is itself the product of more than one ingredient. For example, this could include bread in a sandwich, where the bread itself is made of various ingredients.

Where a compound ingredient is not listed under its own name, all constituent ingredients of compound ingredients will need to be listed separately in order of weight.

**See slide ‘Compound Ingredients’ 

Can food labels be handwritten?

Food labels can be handwritten as long as they meet the legal font size requirements. Labels on PPDS food need to show the name of the food and the ingredients list.

This includes emphasising within the ingredients list any of the 14 specified allergens used in the product, as required by food law. ‘The allergens can be emphasised within the ingredients list by using bold type, capital letters, contrasting colours or underlined text.

Do hot drinks, such as tea or coffee, require PPDS labelling?

Hot drinks made to order are not PPDS and do not require PPDS labelling.

If drinks are poured and lids added to drinks before consumers order them (for example in anticipation of a rush) then the drinks would be PPDS and would need labelling.

Would products made and packed at a central location, then sold direct from three market stall sites, qualify as PPDS? Or should these be prepacked products?

Yes, it would qualify as PPDS if the business that is packing the products is the same one that is selling it from those three different market stalls. But if the packaging of the food was done by a different business and then was sold from the three market stalls, this would be prepacked food.

Can a takeaway supply packed and pre-packed versions of the same food?

Yes, it effectively comes down to the moment when a customer orders and when food is packaged. When the food is packaged before the customer has ordered it, it is considered ‘prepacked food for direct sale’ (PPDS). If it is packaged after it is ordered, it is considered to be ‘non-prepacked food’, even if the food is then provided in packaging. The reason for this distinction is that if the food is in packaging before it is ordered, then the customer cannot change it and it requires a label. If the food is packaged after it is ordered then, in theory, the consumer could request that items are removed which would change the contents. Therefore, this is considered to be ‘non prepacked’ and a label is not required.

Scenario 1 – A fish and chip shop sells curry sauce. Customers can go into the shop and request a portion of curry sauce to take home in a pot along with their fish and chips. Is this pot of curry sauce classed as PPDS?

If the sauce is only packaged after the customer orders it, then it’s not PPDS. So if the seller in the fish and chip shop packaged the curry sauce into a pot and put a lid on and then gave it to a customer after they ordered it, that’s not PPDS.

If, however, pots of sauce were prepared before customers ordered them, they would be PPDS and would need to be labelled.

Where a pot’s largest surface area is less than 10 centimetres squared, the ingredients list can be provided separately to the packaging, but on the pot itself labelling is required to specify what the allergens are.

Scenario 2 – A home baker sells cakes over the internet which are collected by the purchaser. The cakes are not in packaging. Is the ingredient declaration and associated allergen labelling required?

All food products sold through distance selling (such as over the internet or by telephone) already require allergen information to be provided before the food is ordered and when it is delivered

How to label ‘Pre-Packed for Direct Sale’ Food

The required information must be printed on the outside of the product or on a label attached to the outside of the product.

Labels can be printed or handwritten

The information must be clear, legible and indelible; it must not be obscured or hidden – for example, the information cannot be inside the packaging.

Mandatory information must be large enough to be legible so there is a minimum font size of an x-height of 1.2 mm, which means that the lower-case x for whatever font size cannot be smaller than 1.2 mm.

In the case of very small products (those whose largest surface is less than 80 cm2) the x-height is reduced to 0.9 mm

QR codes or links to a website are not permitted in place of providing the information on the label.

How to label ‘Pre-Packed for Direct Sale’ Food

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Ingredients List

The list needs to be headed by the word ‘ingredients’ followed by a list of all the ingredients in descending order by weight at the mixing bowl stage of production. This means that the list goes from those ingredients that weighed the most to those ingredients that weighed the least when they were included in the product. There are a few exceptions to this.

Herbs, spices, additives, sweeteners and any other ingredient that makes up less than 2% of the finished product can be placed at the end of the list•Compound ingredients are ingredients that are made up of more than one ingredient. All the components of the compound ingredient must be declared in brackets immediately after the compound ingredient appears in the ingredients list; the list should be in descending order of weight – for example, Toad in the hole: ‘Ingredients: Batter (Water, Wheat Flour, Whole Egg, Egg White, Rapeseed Oil, Skimmed Milk Powder, Salt, Emulsifier: Soya Lecithin)’.

Compound ingredients

Compound ingredients are ingredients that are made up of more than one ingredient. All the components of the compound ingredient must be declared in brackets immediately after the compound ingredient appears in the ingredients list; the list should be in descending order of weight – for example, Toad in the hole: ‘Ingredients: Batter (Water, Wheat Flour, Whole Egg, Egg White, Rapeseed Oil, Skimmed Milk Powder, Salt, Emulsifier: Soya Lecithin)’.

Any additives that are in the compound ingredient should be presented at the end of the bracketed list rather than at the end of the main ingredients list.

Any compound ingredient with a composition controlled by legislation (chocolate, jam, honey, etc) that makes up less than 2% of the finished product does not need to be broken down into its components.

Additives

Additives must be included in the ingredients list like any other ingredient. If an additive makes up more than 2% of the finished product it must be declared in descending weight order as above. For additives that make up less than 2% of the finished product it is best practice to group them all together at the end of the list.

The category of additive (what it does) must be declared followed by the name of the additive and/or the E number of the additive. For example:

preservative: sorbic acid

preservative: E200

preservative: sorbic acid E200

The Food Standards Agency (FSA) website contains the list of approved additives and E numbers.

If the product includes several additives from the same category, the category only needs to be stated once and then each additive listed from that category.

Where the name of the additive is used rather than its E number, the name must be given in full and not abbreviated – for example, ‘monosodium glutamate’ rather than ‘MSG’.

Colours

Colours are a type of additive and follow the rules on additives. If certain colours are used in food they must be accompanied by specific warnings – **see slide 71.

The Regulations apply to all foods but make specific requirements for certain foods, such as rice, tea, coffee, fresh vegetables, meat, fish and shellfish, which cannot be directly coloured with artificial colours. Rice is only able to contain colour introduced by ingredients added to it, such as seasonings.

Look out for coloured rice in take-aways and restaurants.

The use of these colours in food is controlled because excessive consumption has been linked to allergic reactions and sickness.

Of particular relevance to restaurant and takeaway meals are the additives used that relate to sauces, seasonings (for example – curry powder, tandoori), pickles, relishes, chutney, piccalilli, etc. In these cases, only a combined total of 500 mg/kg of the following permitted colours is allowed

• E 100 – Curcumin
• E 102 – Tartrazine
• E 120 – Cochineal, Carminic acid, Carmine
• E 122 – Azorubine, Carmoisine
• E 129 – Allura Red AC
• E 131 – Patent Blue V
• E 132 – Indigotine, Indigo carmine
• E 133 – Brilliant Blue FCF
• E 142 – Green S
• E 151 – Brilliant Black BN, Black PN
• E 155 – Brown HT
• E 160d – Lycopene (ML = 50 mg/kg, excluding tomato-based sauces)
• E 160e – Beta-apo-8′-carontenal (C30)
• E 160f – Ethyl ester of beta-apo-8′-carotenic acid (C30) (there is no reference to this on the additives database)
• E 161b – Lutein

The following colours are even more strictly regulated, with maximum limits in sauces as follows:

• E 160d – Lycopene: 50 mg/kg and not permitted in tomato-based sauces
• E 104 – Quinoline Yellow: 20 mg/kg and not permitted in tomato-based sauces
• E 110 – Sunset Yellow FCF / Orange Yellow S: 30 mg/kg, pickles and piccalilli only

The maximum permitted amounts of these three colours is different in other types of food – for example, Quinoline Yellow is the only one of the three that is allowed to be used in seasonings, with a limit of 10 mg/kg.

For full details of which additives can be used, in which foods and in what amounts, please visit the European Food Additives database (the easiest way to search is to click on ‘categories’ from the top right toolbar and select the appropriate category from the drop-down list).

Compulsory warnings

Compulsory warnings regarding the effect of colours on children are required on the labels of prepacked foods. The warning ‘[name or E number of the colour(s)]: may have an adverse effect on activity and attention in children’ is required for prepacked food containing any of the following colours:

• E 102 – Tartrazine
• E 104 – Quinoline Yellow
• E 110 – Sunset Yellow FCF
• E 122 – Carmoisine
• E 124 – Ponceau 4R
• E 129 – Allura Red

There is no requirement for foods sold at catering establishments to state these warnings on the menu.

Sweeteners

Sweeteners are a type of additive and follow the rules on additives. Please refer to the FSA’s list of approved additives and E numbers for sweeteners that can be used in food (referred to as ‘permitted sweeteners’).

If aspartame is in the product, the following must be stated on the label: ‘Contains a source of phenylalanine’.

If the E number is declared rather than the name ‘aspartame’ in the ingredients list, the following statement is required rather than the one above: ‘Contains aspartame (a source of phenylalanine)’.

Polyols are a type of carbohydrate-based sugar-free sweetener. If the product is made up of more than 10% added polyols the following must be stated on the label: ‘Excessive consumption may produce laxative effects’.

Foods That Do Not Need an Ingredients List

The following products do not need an ingredients list:

• fresh whole, unpeeled, fruit and vegetables (including potatoes)
• carbonated water (which states that it is carbonated)
• vinegar containing no added ingredients
• cheese, butter, fermented milk and cream with no added ingredients (other than the ones needed to make them, such as bacterial cultures, salt in the case of cheese, etc)
• foods that are made up of a single ingredient and the name of the ingredient is stated in the name of the product
• beverages with an alcoholic strength greater than 1.2%
• Products that do not have an ingredients list must still highlight the presence of allergenic ingredients. For more information please see ‘Food allergens and intolerance’.