Decree No. 117 / 2011 Coll.
Decree amending Decree No. 113 / 2005 Coll., on the labelling of foodstuffs and tobacco products, as amended
Valid
Effective from 01.08.2011
117
DECLARATION
of 22 April 2011
amending Decree No. 113 / 2005 Coll., on the labelling of foodstuffs and tobacco products, as amended
The Ministry of Agriculture provides pursuant to Article 18 (1) (a) of Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended by Act No. 119 / 2000 Coll., Act No. 306 / 2000 Coll., Act No. 146 / 2002 Coll., Act No. 274 / 2003 Coll., Act No. 316 / 2004 Coll. and Act No. 120 / 2008 Coll.:
Decree No. 113 / 2005 Coll., on the method of labelling of foodstuffs and tobacco products, as amended by Decree No. 497 / 2005 Coll., Decree No. 368 / 2005 Coll., Decree No. 101 / 2007 Coll. and Decree No. 127 / 2008 Coll., is amended as follows:
1. Paragraph 1, including the title and footnotes Nos 21 and 22, reads as follows:
Preliminary provisions
This decree implements the relevant European Union21 regulations, and also builds upon the directly applicable European Union22 regulations, and regulates the labelling of foods and tobacco products, including new and genetically modified foods, following their breakdown by species, group or subgroup, and the composition of the food and the labelling of the batch and food types, which need not be marked with a minimum durability date.
21) Directive 2000 / 13 / EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs. Commission Directive 2001 / 101 / EC of 26 November 2001 amending Directive 2000 / 13 / EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs. Commission Directive 2002 / 67 / EC of 18 July 2002 on the labelling of food containing quinine and food containing caffeine. Commission Directive 2002 / 86 / EC of 6 November 2002 amending Directive 2001 / 101 / EC as regards the date from which trade in products which do not comply with Directive 2000 / 13 / EC of the European Parliament and of the Council is prohibited. Directive 2003 / 89 / EC of the European Parliament and of the Council of 10 November 2003 amending Directive 2000 / 13 / EC as regards the indication of ingredients present in foodstuffs. Commission Directive 94 / 54 / EEC of 18 November 1994 on the compulsory indication on the labelling of certain foodstuffs of particulars other than those provided for in Council Directive 79 / 112 / EEC. Council Directive 96 / 21 / EC of 29 March 1996 amending Commission Directive 94 / 54 / EEC on the compulsory indication of particulars other than those provided for in Council Directive 79 / 112 / EEC on the labelling of certain foodstuffs. Commission Directive 2004 / 77 / EC of 29 April 2004 amending Directive 94 / 54 / EEC as regards the labelling of certain foods containing glycyrrhizic acid and its ammonium salt. Commission Directive 1999 / 10 / EC of 8 March 1999 derogating from the provisions of Article 7 of Council Directive 79 / 112 / EEC as regards the labelling of foodstuffs. Council Directive 89 / 396 / EEC of 14 June 1989 on indications or marks identifying the lot to which the food belongs. Commission Directive 2005 / 26 / EC of 21 March 2005 establishing a list of food ingredients or substances provisionally excluded from Annex IIIa to Directive 2000 / 13 / EC. Commission Directive 2005 / 63 / EC of 3 October 2005 correcting Directive 2005 / 26 / EC as regards the determination of food ingredients or substances provisionally excluded from Annex IIIa to Directive 2000 / 13 / EC. Commission Directive 2006 / 142 / EC of 22 December 2006 amending Annex IIIa to Directive 2000 / 13 / EC of the European Parliament and of the Council listing the ingredients which must always be indicated on the labelling of foodstuffs. Council Directive 2006 / 107 / EC of 20 November 2006 adapting, by reason of the accession of Bulgaria and Romania, Directive 89 / 108 / EEC concerning quick-frozen foodstuffs intended for human consumption and Directive 2000 / 13 / EC of the European Parliament and of the Council concerning the labelling, presentation and advertising of foodstuffs. Commission Directive 2007 / 68 / EC of 27 November 2007 amending Annex IIIa to Directive 2000 / 13 / EC of the European Parliament and of the Council as regards certain food ingredients.
22) Regulation (EC) No 258 / 97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients, as amended. Regulation (EC) No 1829 / 2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed, as amended. Regulation (EC) No 1830 / 2003 of the European Parliament and of the Council of 22 September 2003 on the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001 / 18 / EC, as amended. Commission Regulation (EC) No 608 / 2004 of 31 March 2004 concerning the labelling of foodstuffs and food ingredients containing phytosterols, phytosterols, phytostanols and / or phytostanol esters. Regulation (EC) No 1924 / 2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods, as amended. Regulation (EC) No 1925 / 2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foodstuffs, as amended. Council Regulation (EC) No 1234 / 2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products, as amended. Commission Regulation (EC) No 1580 / 2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200 / 96, (EC) No 2201 / 96 and (EC) No 1182 / 2007 in the fruit and vegetable sector, as amended. Commission Regulation (EC) No 543 / 2008 of 16 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234 / 2007 as regards marketing standards for poultrymeat, as amended. Regulation (EC) No 1332 / 2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes and amending Council Directive 83 / 417 / EEC, Council Regulation (EC) No 1493 / 1999, Directive 2000 / 13 / EC, Council Directive 2001 / 112 / EC and Regulation (EC) No 258 / 97. Regulation (EC) No 1333 / 2008 of the European Parliament and of the Council of 16 December 2008 on food additives, as amended. Regulation (EC) No 1334 / 2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in or on foods and amending Council Regulation (EEC) No 1601 / 91, Regulations (EC) No 2232 / 96 and (EC) No 110 / 2008 and Directive 2000 / 13 / EC. '
footnotes 1 and 2 are deleted.
2. in Article 2 (a), the words "the other words" shall be inserted after the words "as well as";
3. in Article 2 (b), the words "and food flavourings' are replaced by the words" flavourings and enzymes';
4. In Article 2 (d), the words "aqueous solution of edible salt 'are replaced by the words" lard, aqueous solutions of salt' and the words "oil 'are deleted.
5. footnote 5, including footnote references, is deleted.
6. In Article 3 (3), the words "specific legislation (6) 'are replaced by the words" directly applicable European Union provisions on food additives and flavourings (23)'.
Footnote 23 reads:
"(23) Regulation (EC) No 1333 / 2008 of the European Parliament and of the Council. Regulation (EC) No 1334 / 2008. ';
footnote 6, including footnote references, is deleted.
7. Paragraph 3 (6) reads as follows:
"(6) If the other information that the food business operator is obliged to label the food does not allow the consumer to establish the actual nature of the food from another Member State of the European Union and to distinguish it from the food with which it could be confused, additional descriptive information shall be added to the name of the food used in the country of origin which must be given near the food name. The name of the food used in the country of origin shall not apply where the food differs by its composition or production from a food known to consumers under the name in question to the extent that further descriptive information does not provide sufficient consumer information. ';
footnote 7 is deleted.
8. in Articles 4 (2) (a), (e) and (g) and 12 (1) and (2), the words "the European Communities" shall be replaced by the words "the European Union";
9. In Article 5 (2), the second sentence is deleted.
10. in Article 5 (2), the words "juice or oil," shall be deleted;
11. in Article 5 (3), the words "directly applicable regulation of the European Communities (12)" are replaced by the words "directly applicable European Union rules in the field of agricultural products25";
footnote 25:
"25) Council Regulation (EC) No 1234 / 2007. Commission Regulation (EC) No 543 / 2008. '
footnote 12 is deleted.
12. in Article 6 (4) (g), "flavourings" is replaced by "flavourings."
13. in Article 6 (4) (k), the word "unpacked" shall be deleted;
14. in Article 8 (5) (b), the words "and enzymes" and the words "specific legislation (6)" shall be inserted after the words "directly applicable European Union provisions on food additives and flavourings";
15. in Article 8 (5) (c), the words "enzymes" shall be inserted after the words "additives."
16. in Paragraph 8 (14), the words "in variable weight shares" are replaced by the words "in different proportions."
17. in Article 9 (3), "11" is replaced by "9."
18. In Article 9 (4), in the introductory part of the provision, the words "1 to 3 shall not apply to foodstuffs or groups of ingredients' shall be replaced by the words" 1 and 2 shall not apply to the ingredient or group of ingredients'.
19. in Article 9 (8), the words "flavourings" shall be replaced by the words "flavourings" and the words "in specific legislation6)" shall be replaced by the words "in the directly applicable European Union provisions on food additives and aromat23)."
20. In Section 10, the words "and enzymes' are added at the end of the title.
21. Paragraph 10 (1) reads:
"(1) The additive or enzyme contained in the food shall be labelled on the packaging with the indication of the name of the substance or enzyme or their code number in the food composition data. ';
22. In Section 10, at the end of paragraph 2, the sentence "The designation" modified starch "shall be supplemented by an indication of its specific plant origin if this ingredient may contain gluten. ';
23. Paragraph 10 (3) reads:
"(3) In the case of additives and enzymes belonging to the categories of antioxidants, dyes, preservatives, acids, acidity regulators, melting salts, quilts, sweeteners, solids, lubricants, fillers, propellants, flavourings, thickeners, gelling agents, stabilisers, emulsifiers, anti-caking agents, anti-foaming agents, polishing agents or flour enhancers, the name of the additive or enzyme or its code number shall also be given before the name of the additive or enzyme or its code. Where the additive or enzyme belongs to several categories of use, the name of the category corresponding to the main purpose for which the additive or enzyme is used in the food shall be given. ';
24. Paragraph 10 (7) is deleted.
25. In Section 11 of the title, the words "flavourings' are replaced by" flavourings'.
26. Paragraph 11 (1), including footnotes 26 and 27, reads:
"(1) Aroma26) contained in food shall be marked on the packaging in the list of the ingredients indicated by the words" aroma "or a more precise name or description of the aroma. The smoke aroma shall be marked on the packaging in the list of the listed ingredients by the words" smoke aroma 'or the words "smoke aroma produced from' indicating the name of the food or raw material from which it is produced. The word" natural 'shall be used to describe the aroma if the conditions laid down in the directly applicable European Union Regulation on aromatech27 are met).
26) Article 3 (2) (b), (c), (d), (e), (f), (g) and (h) of Regulation (EC) No 1334 / 2008.
27) Article 16 of Regulation (EC) No 1334 / 2008 of the European Parliament and of the Council. '
footnote 17 is deleted.
27. in Article 11 (3), after the words "its ammonium salt" shall be deleted;
28. In Annex No 2, in the fourth row of the table, the words "Meat for the production of meat products under specific legislation, 20) 'are replaced by the words" Mammalian and bird skeletal muscle suitable for human consumption with naturally contained or adjacent tissue, for which the total fat and connective tissue content does not exceed the values laid down in the Meat and Meat Production28); products covered by the Community definition of mechanically separated meat shall not be classified under this component.'
Footnote 28 reads as follows:
"28) Annex No 4, Table 2 of Decree No 326 / 2001 Coll. '.
footnote 20 is deleted.
Transitional provision
Foodstuffs produced and labelled before the date of entry into force of this Order which do not comply with the requirements laid down in this Order shall be assessed in accordance with existing legislation and may be put into circulation for a period of 6 months from the date of entry into force of this Order and sold until stocks are sold out.
Efficacy
This Decree shall take effect on 1 August 2011.
Minister:
Ing. Fuksa v. r.
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Regulation Information
| Citation | Decree No. 117 / 2011 Coll., amending Decree No. 113 / 2005 Coll., on the labelling of foodstuffs and tobacco products, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.05.2011 |
|---|---|
| Effective from | 01.08.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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