Author Archives: Tina Huang

About Tina Huang

Label bank Co., Ltd. Regulatory inspections and Consulting Research staff Born in Taiwan. Specializing in microbiology and immunology, she is engaged in research work on ingredients and additives imported to Japan from overseas, as well as database management for legal search systems, including additive names and standard values.

Overseas trends in revisions of food labeling standards and regulations

1. Labelling claims on nutrition facts in Taiwan

On February 19, 2024, Taiwan Food and Drug Administration (FDA) published the partial amendment on Matters to be Complied with in the Nutrition Claims of Packaged Foods(Chinese), (some of which were implemented on the same day and the rest will come into effect on January 1, 2026). The main points of the amendment were to add nutrients that are subject to high claims such as “high, much, and rich in,” and their content standards. Examples of prohibited nutrition claims were also included. Noticeably, sugar-sweetened carbonated beverages can display factual and direct claims for nutrient content such as “Vitamin C added” or “contains 50 milligrams of vitamin C per 100 milliliters”, however, these beverages cannot make nutrient content claims that use subjective terms like “high vitamin C” or “rich in vitamin C” or synonymous indications with such claims, nor statements about physiological functions.

2. Front of Package labeling (FoP) system in Portugal

FoP systems have been increasingly adopted worldwide. Canada and Singapore decided to implement the systems after 2021. As for the EU, the proposal to revise EU rules to introduce standardized mandatory front-of-pack nutrition labelling was planned for implementation in 2022. However, the publication was delayed and has been postponed to a later date. The Nutri-Score FoP label has been supported by France, Germany, the Netherlands, Belgium, Luxembourg, Spain (and the non-EU member Switzerland), and Portugal became the eighth European country to officially adopt the Nutri-Score in April this year.

3. French ban on ‘meaty’ terms for alternative meat labeling

In February 2024, the French government announced Decree No. 2024-144(French), which prohibited the use of “meaty” terminology on labels of plant-based meat alternatives. The decree was originally set to be enforced starting May 1, 2024. However, the implementation of this Decree has been suspended, and France needs to wait for a response from the Court of Justice of the European Union (CJEU). We need to closely monitor the course of the Decree ahead as well as with the repealed similar Decree (suspended in 2022).

4. Regulatory Trends of Plants Made with New Genome Technology Overseas

On February 7, 2024, the European Parliament approved the legal framework for New Genomic Techniques (NGT). Along with this framework, a system for the distribution of genome-edited foods is expected to be implemented for genome-edited foods. After these newly approved regulations, the main impact for food distribution is the now mandatory labeling of “genome-edited” organisms and mandatory traceability documentation. In the same month, the U.S. Food and Drug Administration (FDA) published Guidance for Industry: Foods Derived from Plants Produced Using Genome Editing that describes how firms can voluntarily engage with the FDA before marketing food from genome-edited plants. Singapore closed a public consultation on a proposed regulatory framework for the use of genome edited (GEd) crops in food for human consumption and animal feed. The management principles of genome-edited foods in each country have been gradually maturing, but the formulation of detailed control regulations is still ongoing. It is necessary to continue to pay attention to future developments and deepen discussions.

Many countries have been striving to consolidate various knowledge on foods to secure opportunities for consumers to make voluntary and rational choices, as well as to provide easy-to-understand labeling. However, since each country has a different way of thinking and its own regulatory culture, it is important to gather information on each country and compare them on the same topic when researching regulations for foods for import and export.

France: Restriction on the use of meat names on labels for plant-based foods (alternative meats) ~Current situation of plant-based foods in the EU~

Summary

France announced revised proposals banning the use of meat names like “steak” and “spare ribs” for plant-based food made in the country on September 4, 2023 as it seeks to avoid “misleading claims” of some meat alternatives.

The ban of the use of meat names will be applied to 21 meat names.

However, over 120 meat-associated names will still be allowed to use provided that the products do not exceed stipulated amount of plant proteins. In other words, the names such as “nugget” or “bacon” on vegan products composed entirely of plant-based foods must be renamed.

(Annex I) terms whose use is prohibited for the name of foodstuffs containing plant proteins:
FilletStriploinRump
Rib steakBeef cutSirloin
Hanger steakThin skirtBeef steak
ChuckChuck steakThin flank
SteakEscalopeFlank
GrilledLoinSpare ribs
HamButcherMeat product maker

This revised proposal will come into effect three months after its announcement and related business operators must comply with the regulations during the transitional period.

Other related information:Timeline

June, 2020

Ahead of enforcement of EU-wide regulations, France stipulated on Article 5 of Act on the transparency of information on agricultural and food products enacted on June, 2020 that the names indicating foodstuffs of animal origin shall not be used to describe, market and promote foodstuffs containing vegetable proteins in principle, and that a threshold of vegetable protein content when using names of foodstuffs of animal origin shall be set by a decree.

October, 2020

France voted against Amendment165* and allowed the use of terms such as “Veggie-burger”, “Vegan sausage”.

Amendment 165*: aims to restrict plant-based products from using names typically associated with meat products.

June, 2022

France is the first country in the EU that announced and introduced the system banning of the terms such as “steak”, “sausage” on plant-based foods, but the ban was, however, suspended by the Council of State in September, 2022.

September, 2023

France announced the new revised proposal.
(the regulation regarding the names)

Upcoming schedule

The discussion over plant-based food labels in Europe has been ongoing, and it has created uncertainty for businesses. Until the regulations are finalized, companies will need to analyze this issue on a case-by-case basis. We should closely monitor how this regulation will impact plant-based food labels in the EU.


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Related Service

Research Services on Ingredients & Food Labeling -For the Japanese Market-
We verify the conformity of ingredients and additives with the standards for use in Japan based on specifications such as formulation lists. We also verify the conformity of the proposed labeling of ingredient names, nutrients, etc. with the labeling standards based on specifications such as formulation lists.

Differences in food labeling and its concept between the United Kingdom and Japan

Since the UK-Japan Comprehensive Economic Partnership Agreement (EPA) entered into force on January 1, 2021, the free trade agreement between the UK and Japan has continued to evolve, bringing tremendous benefits to both countries in their main markets including food and beverage. Regarding the current state of the UK market, in 2020, about half (46%) of the food consumed in the UK was imported. After Brexit, the UK is expected to continue to increase its exports as well as imports of non-EU and EU products following a series of trade agreements with EU countries, New Zealand, Australia, and Japan.

In this issue, we asked our UK partner, Ashbury, the company dealing with food information, about the UK regulatory situation. This article covers points of particular note among the different labeling rules that arise when comparing the labeling systems between Japan and the UK.

Understanding the roles and responsibilities of the relevant regulatory agencies

When exporting foods, it is important to understand the related export system. The website of the Food Standards Agency in the UK, which supervises food labeling, provides information on standards and other practical information. Prepackaged food products distributed in the UK are subject to the Provision of Food Information Regulation (EU No. 1169/2011), and local authorities are responsible for ensuring and monitoring compliance with food labels in line with their food information regulations. Certain foods such as bread, flour, chocolate, and jam are controlled by product specific regulations in the UK. As for food additives, the EU Regulation on Food Additives No 1333/2008 defines applicable food categories and (EU) No 231/2012 defines specifications for food additives. The Advertising Standards Agency (ASA) is the regulatory agency for most advertising in the UK media and is responsible for monitoring advertising and dealing with problems.

Labeling of allergens and nutrition

Allergen and nutrition labeling methods vary widely from country to country, and differences in format, layout and typesetting are among the most common reasons why food labeling does not meet standards. It should be noted that labeling for allergens and nutrition facts in the UK is more broadly inclusive than those in Japan, such as for “nuts”. According to the UK Food Standards Agency alert, the most common recalls are caused by incorrect allergen labeling or undeclared contamination.
The UK specifies 14 allergens including peanuts, milk, eggs, and a wide range of crustaceans, nuts, molluscs, etc. All 14 different allergens or products containing them must be labeled unless the allergen or its product is clearly indicated by the legal name of the food. In addition, they must be emphasized in a way that distinguishes them from other ingredients, such as in bold. In particular, in the UK labeling, it is an industry standard to attach allergen advice statements, such as
-Allergen Advice: for allergens, see ingredients in bold.
Nutrition labeling must follow the prescribed format specified in Annex XV of (EU) 1169/2011. The format has a prescribed order: energy values (kJ and kcal), fat, saturates, carbohydrates, sugars, proteins, and salts (all in grams). Other than Japanese basic labeling items, saturates and sugars are also subject to mandatory labeling.

Difference in concept

There are similar labeling items in Japan about how to store, how to cook, or best before date, etc. but there are some differences in the concepts.

Used by/Best before date labeling

In the U.K., “best before” date shows the period of time related to the preservation of food quality, while “use by” date represents the period of time in which it is safe to eat and drink for foods that are susceptible to spoilage and may pose a risk to human health within a short period of time. As for “best before date”, it is generally indicated on the label, but some types of food products are exempt from showing the date. On the other hand, products manufactured in the UK often have specific date labeling such as “Use within 3 days after opening. This is because for safety reasons, if a different storage method is required for a product after opening, the storage method to be followed and the open life information must be indicated. For frozen meat, frozen meat preparations and frozen unprocessed fishery products, the date of freezing or the date of first freezing in cases where the product has been frozen more than once after the word “Frozen on”.

Country of origin

The country of origin labeling requirement does not specify special rules except for certain foods, such as meat and fish, or the case where special rules must be applied. The indication of the country of origin or place of provenance of a food shall be mandatory where failure to indicate this might mislead the consumer as to the true country of origin or place of provenance of the food. If the primary ingredient in the food comes from somewhere different from where the product says it was made, the label must show the country of origin of such primary ingredient.

Appropriate translation and standards-based labeling

Food labeling plays the role of “protecting consumer safety.” Literal translation may result in words and phrases that are not acceptable under local standards, and such misleading information may cause consumers to have safety concerns. For example, the word “natural” is often banned in the UK and has a clear definition. On the other hand, in Japan, it cannot be used in additives including flavours, whereas in the UK it can be used for the labeling of terms such as “natural flavours” if the specific requirements listed in (EC) No 1334/2008 are met.

It is important to compare the system of exporting partner countries and that of Japan, grasp the difference, understand the background of exporting countries and have labeling complied with their regulations. This article only covers a part of the differences in food labeling standards between the UK and Japan, but there are other differences as well. We hope that understanding the differences between the systems will give us a chance to understand each other’s culture and become one of the fruitful aspects of our work.

References


Newsletter Signup

We issue monthly e-newsletters, which provide you with the latest updates on food labeling/regulations in Japan.
If you want to make sure to not miss any issue, please click below.

Related Service

Research Services on Ingredients & Food Labeling -For the Japanese Market-
We verify the conformity of ingredients and additives with the standards for use in Japan based on specifications such as formulation lists. We also verify the conformity of the proposed labeling of ingredient names, nutrients, etc. with the labeling standards based on specifications such as formulation lists.