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33
Advice on Labelling of Pre-Packed Foods
Ninety-three requests were received during the year from manufacturers, packers and advertising agencies
for assistance and advice on matters relating to the requirements of the labelling of pre-packed food
products in order that these should conform to the requirements of the Labelling of Food Regulations,
1970, which came into effect on 1st January, 1973.
Section 6 of the Food & Drugs Act, 1955, prohibits false or misleading claims. This general provision
will now be reinforced by specific requirements when new labelling regulations come into effect which
concern the composition of food for which certain claims are made, and the labelling and advertising of
such foods. The requirements apply whether the claims are made on labels or in advertisements.
Several of the matters on which advice has been given during the year concerned low calorie foods and
those which claim to aid slimming. Before such claims are made certain criteria must be observed. For
example for a claim that food is a source of protein, at least 12 per cent of the calories must be provided
by protein; for claims that vitamins and minerals are present the food must contain one or more of the
vitamins or minerals specified in the Regulations with a statement of the minimum quantity. Claims that
food can aid slimming may only be made if the food 'can make a definite and positive contribution to
weight control or to weight reduction'. It must be made clear that the food cannot aid slimming
except as part of a calorie controlled diet and the calorie content must be given.
Undoubtedly cases will come to the attention of the Health Department where pre-packed foods for
retail sale do not comply with the Regulations. This is particularly applicable to imported foods, although
importers are now becoming increasingly aware of their responsibility in this matter. Experience has shown
that the need for enforcement action is usually confined to technical offences in association with the
common or usual name, or the appropriate designation. Branded or coined names which are already widely
used may still be used in conjunction with the appropriate designation, or if they have been used for 30
years before 4th January, 1971, such names may be used alone provided this could not mislead the
consumer. In addition all pre-packed foods will have to show on the label the name and address of a
responsible person such as the packer, labeller or the person on whose behalf the food is labelled or packed.
A registered trade mark can no longer be given as an alternative.
The statutory provisions contained in the Regulations are a welcome addition to those already in force.
Date Marking of Foods
Much of the doubt regarding the freshness of food will be eliminated if statutory support is given to the
growing demand by consumers that date marking be introduced for perishable and other foods. During the
year the Ministry of Agriculture, Fisheries & Food — Food Standards Committee — issued a 'Report on the
Date Marking of Food'. The Committee indicated that some element of priority had been accorded to the
review, despite the importance of other reviews before it, in view of the widespread public concern about
the reports of the sale of stale and deteriorating food. The Committee commented that the present systems
of conveying information from manufacturer to retailer to aid rotation and to prevent the sale of outdated
and stale food, were for many foods, and for most retail outlets, inadequate. A multiplicity of codes giving
different dates, codes kept secret from the retailer, codes hidden in positions not seen by the retailer,
together with a reluctance of retailers to organise their stock rotation themselves have all contributed to
the situation.
At the close of the year there seems every likelihood that the general proposals in the Report will be
adopted although legislation is not expected to be effective until 1975. Nonetheless manufacturers will
need to make provision for this in their advance packaging proposals, and it is hoped that many will adopt
the open dating of food voluntarily without delay.
A few retailers have already introduced a comprehensive system of 'sell by' notations on their
products and there has been no evidence to suggest that abnormal wastage has resulted.
There is already provision for some form of open dating in EEC marketing regulations for eggs.
Proposals are understood to be under consideration for a similar provision in respect of poultry, milk,
butter (other than farm butter), frozen fish, fresh fish and dietetic foods.