Patrick Farrell

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Introduction

• Patrick Farrell
• Audit Manager
• Food Safety Authority of Ireland (FSAI)
• My role in the FSAI is to manage the various
  types of audits we are involved in.

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• Audits of official agencies
• Under service contract to FSAI
• Focused Audits
• Labelling Traceability
• SRM
• Special Investigations
• Food Fraud

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Misleading advertising,presentation labelling
of foodstuffs

• Legislation
• Directive 2000/13/EC. On the approximation of
  the laws of Member States relating to the
  labelling, presentation and advertising of
  foodstuffs
• Article 16 of Regulation 178/2002

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Overview

• Labelling legislation
• Where are the rules on food labelling?

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European horizontal labelling
legislation

• European Directive 2000/13/EC
• Meat products amendment Directive 2001/101/EC
• (as amended Directive 2002/86/EC)
• Allergens amendment Directive 2003/89/EC
• (as amended Directive 2005/26/EC)
• (Directive 2005/63/EC correcting 2005/26/EC)

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Article 16 of 178/2002

• States as follows
• Without prejudice to more specific provisions of
  food law, the labelling, advertising and
  presentation of food or feed, including their
  shape, appearance or packaging, the packaging
  materials used, the manner in which they are
  arranged and the setting in which they are
  displayed, and the information which is made
  available about them through whatever medium,
  shall not mislead consumers.

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Definitions

• labelling
• shall mean any words, particulars, trade marks,
  brand name, pictorial matter or symbol relating
  to a foodstuff and placed on any packaging,
  document, notice, label, ring or collar
  accompanying or referring to such foodstuff

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Definitions

• pre-packaged shall mean any single item
  consisting of a foodstuff and the packaging into
  which it was put before being offered for sale

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Derogation where a prepackaged foodstuff is

• For supply only to mass caterers (for
  preparation, processing, cutting, etc)
• or
• Intended for the ultimate consumer, but marketed
  prior to sale to the ultimate consumer and where
  sale to mass caterers is not involved (such as
  supply to wholesalers)

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In such cases the labelling information may
appear on the commercial documents accompanying
the foodstuff.
Commercial Document
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Information on label must be clear and
unambiguous
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Must not mislead the consumer to a material
degree

• As to the characteristics of the foodstuff and,
  in particular
• as to its nature
• identity
• properties
• composition
• quantity
• durability
• origin or provenance
• method of manufacture or production

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Must not mislead the consumer to a material
degree

• By attributing to the foodstuff effects or
  properties which it does not possess
• By suggesting that the foodstuff possesses
  special characteristics when in fact all similar
  foodstuffs possess such characteristics.

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LABELLING must not attribute to any foodstuff the
property of preventing, treating or curing a
human disease or refer to such properties
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The information provided on the label must be

• easy to understand
• be clearly legible
• it must also be indelible
• easy to see and not obscured in any way

16
Language

• The labelling of foodstuffs must be in a language
  easily understood by the consumer e.g.
• In Ireland it must be in English or English
  Irish

In Slovakia it may have to be in Slovakian. Will
it have to be in another language ??
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Overview

• When do the labelling rules apply?
• General requirements
• Compulsory labelling requirements

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When do the labelling rules apply?

• Pre-packaged foods
• and
• Available for sale to consumers and/or the
  catering trade

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General requirements

• Purchaser must not be misled
• Medicinal claims prohibited
• Information must be easy to understand, clearly
  legible etc.
• Language English (depending on Member State
  language)

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Overview of labelling requirements

• name of food
• ingredients
• quantity of certain ingredients (QUID)
• net quantity
• date of minimum durability
• special storage instructions
• name and address of manufacturer/packer/seller
• origin
• Instructions for use
• alcohol content

must appear in the same field of vision
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• Field of Vision
• The name of the foodstuff
• the date of minimum durability
• the net quantity

The intention is that all the information can
easily be seen at the same time under normal
purchasing conditions
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Food Labelling and the Consumer
                                                                                                                        
The food we eat today is a key part of our
lifestyle. We ask ourselves 'is this food good
for me?' or 'how much of this should I eat?'.
What we eat is becoming more important as we
move toward healthy, self improved lifestyles.
As consumers become more conscious of food
ingredients, it is in the interests of
manufacturers to highlight product contents and
health or nutritional benefits. Labelling is
just one way of providing consumers with
appropriate information. Labels are of
particular importance when we consider processed
or fresh foodstuffs as well as perishable fast
moving consumer goods. Labelling needs to be
accurate, particularly at the point-of-sale
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What to Look For on a Label
                                                                                                                        
                                                                                
 
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How often do you buy something without looking at
the product label? How many of us understand the
details presented on product labels? Labels
should not mislead consumers and information
should be easily seen. This is the principle of
'the field of vision'. By law, packaged food
must show

                                                                                       
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PLACE OF ORIGIN and TRACEABILITY What is the
difference? 'Smoked Irish Salmon' versus
'Irish Smoked Salmon' Could any of these
products have been made in Ireland?
American Style Burgers
Florida Orange Juice
Processed Whole Irish Chicken Breast
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Case StudiesBeef Poultry
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BEEF

• Beef supplied by cold store (mixture of Irish
  imported)
• Export refunds
• Cooked in plant
• Not labelled as Irish leaving the plant

• Brazilian beef with SEL stating Irish

• Delivered to multiple
• Multiple delivers to retail
• Shelf Edge Label (SEL) states Irish
• SELs Produced centrally

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Chicken Fillets
Caps imported from Belgium
Skinned and cut in half
Packaged and labelled as Produced in
Ireland Irish Health Mark
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Customers, We guarantee that all our fresh whole
chickens, chicken breast fillets and portions are
100 Irish
UK 1234 EC
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Adare Farm Chicken
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Inish Glora Farm Chicken Fillets
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Examples of Fishy Labelling
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English Farmed Correct
Italian di allevamento incorrect prodotto di
acquacoltura Correct
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• Traditional
• SMOKED IRISH WILD SALMON
• Seafresh Ltd, Castletown, Co.Dublin

HAND SLICED
Nutritional Information _________________________
___________ xxxxx
xxxx __________________
__________________ xxxxx
xxxx ___________________
________________ xxxxx
xxx ______________________
______________
PRICE xx WEIGHT xxxxx USE BY
xxxxxx
Ingredients Salt, Smoke Salmon
IRL Xxx DL
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(No Transcript)
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Nile Perch
Farmed Scottish Salmon
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Case StudiesFishery Products
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Complaint Wild Salmon
Complaint
Contact HSE
Audit of Premises (Processing Plant
Fishmongers)
Significant Non Compliance Cautioned by DCMNR
HSE
Invoice Not the Same - Altered
Visited Supplier
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Wild Salmon Displayed on Menu
Checked Product Chill/Freezer
Checked Invoices/ Delivery Docket from
Distributor

• DCMNR
• Poor traceability
• At Processors

Contacted DCMNR to verify Product Codes
After Investigation Verified Product Farmed
Salmon
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Salmon Country of Origin Production method not
Specified
Salmon being sold by Processor/Distributor to
Retail Outlets
Checked Packaging / Labelling Commercial
Documentation
Buys Irish Also Scottish/Norwegian Through
Importer
COO Production Area Not always Specified
Irish Labelled as Farmed Irish Scotish/Norwegian
Labelled as Caught NE Atlantic
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Issues

• Substantial Transformation
• When can a product produced in Slovakia be
  labelled as produced in Slovakia if the raw
  material is from a different country
• Must not mislead the consumer

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Press Clipping- The China Daily
And finally, a restaurant in northeastern China
that advertised illegal tiger meat dishes was
found instead to be selling donkey
flesh-marinated in tiger urine. The story
explains that the restaurant had advertised
stir-fried tiger meat with chillies as well as
liquor flavoured with tiger bone. The sale of
tiger parts is illegal in China and officers shut
down the restaurant, only to be told by the owner
that the meat was actually that of donkeys,
flavoured with tiger urine to give the dish a
special tang. The report didnt say how the
urine was obtained
World Food Regulation Review

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It is OUR job to protect this Person !