The Dutch Food and Consumer Product Safety Authority (NVWA) recently published version 9 of the Food Labelling Handbook, which applies in particular to industrial companies. Artisanal businesses that produce and pre-package themselves are in direct contact with consumers, allowing them to provide that information in person. A decision tree has been drawn up for this purpose.

Amendments to NVWA manual

This update contains four important changes affecting the labelling of pre-packaged foods. The following is a summary of the changes:

1. Cross-contamination and allergen labelling

As yet, the labelling of allergens present through cross-contamination is not regulated by Regulation (EU) No 1169/2011. The NVWA is therefore coming up with an additional requirement because it is considered that foodstuffs in which allergens are present due to cross-contamination should not simply be placed on the market. In the Netherlands, therefore, additional agreements have been made about this. The basic principle is that preventive measures are taken by the company to avoid cross-contamination with allergens. These include separation in space or time, adequate cleaning aimed at removing allergens, but also knowledge about purchased raw materials.

After taking all possible preventive measures, the company should assess whether cross-contamination with allergens can still occur in practice. If cross-contamination is demonstrably possible, and if this cross-contamination can lead to (demonstrable!) levels of the allergen in the finished product exceeding the reference value, precautionary allergen labelling (PAL) should be done.

If the risk analysis shows that there is no cross-contamination in practice, or if there is cross-contamination but it will not lead to levels above the reference values, precautionary allergen labelling is not allowed.

To make communication to consumers as clear and unambiguous as possible, precautionary allergen labelling should only state 'May contain xxx' or 'Not suitable for xxx'.

2. Best-before date (TGT) and Best-before date (THT)
Perishable foods must be marked with a use-by date. After this date, the product is unsafe for consumption; this is a food safety issue. The use-by date must be indicated on foods that are highly perishable from a microbiological point of view and that may pose an immediate danger to human health after a short period of time. After the use-by date, these foods are unsafe for consumption and should not be sold.

The use-by date must be indicated in the following way: 'use by [date itself or reference to place on label where date can be found]' and a description of the storage conditions. The date must consist of day, month and, possibly, year. The reference to the place on the label must be specific enough for the consumer to find it, for example by stating 'see side or bottom'. Not specific enough is, for example, 'see packaging'. The statement 'use by ... ' should not be abbreviated to TGT. In practice, 'until' in this statement means 'up to and including'.

The use-by date should be indicated on each individual pre-packed portion. Food with a use-by date must be marked with a storage requirement. In almost all cases, the storage instructions will state the temperature at which the food must be stored. In many cases, it will also have to indicate the maximum period of use or consumption after opening the packaging.

3. Labelling of chocolate products

Specific guidelines have been added for the labelling of chocolate and chocolate products. These include definitions and designations, as well as requirements for indicating cocoa percentage and ingredients. This ensures greater transparency towards consumers and uniformity in the market.

4. Nutri-Score and Other Food Choice Logos
The handbook now includes guidelines for the use of the Nutri-Score and other front-of-pack food choice logos. While their use is voluntary, companies using these logos must comply with specific conditions to avoid deception and clearly inform consumers.

Guidelines on labelling craft businesses

According to the decision tree for prepacked and non-prepacked food, there are some exceptions where the rules for prepacked products do not apply:

1. Non-prepacked products: These are products that have been completely removed from their packaging and presented this way in sales, such as bread, meat, vegetables and nuts. These products do not need a full label, but they do need naming and allergen information available through, for example, a shelf card.
2. Products packed at the point of sale: These are products that are packed in shop under the responsibility of the entrepreneur or owner. Examples include products that are offered in-store near the packaging location, such as in a supermarket or small specialty shop.
3. Craft businesses: These are companies that package products at the point of sale or at another owner's site, such as a bakery with a production site elsewhere.
4. Itinerant trade: These are products packed at the (home) location of the owner or seller, such as a market trader packing at home for sale at the market.

Specific labelling and disclosure rules apply to these products, but they are not subject to the full labelling requirements for pre-packaged products.

Sources: https://www.nvwa.nl/documenten/consument/eten-drinken-roken/etikettering/publicaties/handboek-etikettering-van-levensmiddelen and https://www.nvwa.nl/documenten/consument/eten-drinken-roken/etikettering/publicaties/beslisboom-voorverpakte-niet-voorverpakte-levensmiddelen