Decree No. 259 / 2003 Coll.
Decree amending Decree No. 324 / 1997 Coll., on the method of labelling of foodstuffs and tobacco products, on the tolerance from the quantity of product marked "e 'as amended by Decree No. 24 / 2001 Coll.
Valid
Order
Effective from 01.05.2004
Text versions:
01.05.2004
12.08.2003
259
DECLARATION
of 25 July 2003
amending Decree No 324 / 1997 Coll., on the method of labelling of foodstuffs and tobacco products, on the tolerance from the quantity of product indicated by the symbol "e ', as amended by Decree No 24 / 2001 Coll.
According to Section 18 (a) of Act No. 110 / 1997 Coll., on Food and Tobacco Products, and amending and supplementing certain related laws, as amended by Act No. 166 / 1999 Coll., Act No. 119 / 2000 Coll. and Act No. 306 / 2000 Coll., ("the Act ') and in accordance with the law of the European Communities *) on the labelling of foodstuffs and tobacco products:
Decree No 324 / 1997 Coll., on the method of labelling of foodstuffs and tobacco products, on the tolerance from the quantity of product indicated by the symbol "e ', as amended by Decree No 24 / 2001 Coll., is amended as follows:
1. Paragraph 1 (1) reads as follows:
"(1) The labelling of foodstuffs and tobacco products shall be carried out on packages intended for consumers, on outer packaging or on hard-to-separate parts thereof, on attached components or on written documentation accompanying the food. For the purposes of this Decree, the outer packaging shall not be regarded as open reusable packaging, in particular containers for unpackaged foodstuffs. ';
2. Paragraph 1 (3), including footnote 1, reads:
"(3) The labelling of foodstuffs by the particulars provided for in Sections 6 to 8 of the Act must be easily legible, not encapsulated, indelible and expressed in an uncoded form, except for the labelling of the lot, unless the specific legislature1).
1) Decree No. 53 / 2002 Coll., laying down the chemical health requirements for each type of food and food raw material, the conditions of use of additives, auxiliary and food supplements, as amended by Decree No. 233 / 2002 Coll. Decree No 52 / 2002 Coll., laying down requirements on the quantities and types of food flavourings, their conditions of use, their health requirements and the conditions of use of quinine and caffeine. '
3. Paragraph 1 (5) reads as follows:
"(5) The name of the food shall be supplemented by an indication of the physical state of the food or its presentation, such as powder, ground, crushed, dried, instant, frozen, concentrated, smoked, sterilised, pasteurised, unless such physical state or presentation results from the name or character of the species, group or subgroup of foodstuffs. Additional information shall be provided on the packaging whenever the non-disclosure could mislead the consumer. The required method of adjusting the name of the food and its presentation on the packaging shall apply mutatis mutandis to tobacco products. ';
4. Paragraph 1 (6) reads as follows:
"(6) In the case of fresh fruit and fresh vegetables, the country of origin shall be indicated, even if the foodstuffs have been sorted, repackaged or otherwise prepared in the Czech Republic and subsequently put into circulation. '
5. Paragraph 1 (7) reads as follows:
"(7) The indication of the company on the packaging of the food must make it clear whether it is a manufacturer, importer, seller or packer. '
6. In Article 1, the following paragraph 8 is added:
"(8) The labelling of tobacco products is to the extent provided for in Section 12 (3) (d) of the Act."
7. in Article 2 (a):
"(a) the indication of all the words, figures, trade marks, name of the foodstuff, trade name or, where applicable, the name and surname of the manufacturer or importer or seller or packer, the display, symbol or mark relating to the foodstuff and placed on the packaging intended for the consumer, on the outer packaging or on the hard-to-separate components thereof, on attached components or on the written documentation accompanying the food."
8. in § 2 (b):
"(b) by indication of the quantity (weight or volume) of net quantity (weight or volume) unpacked as indicated in the units indicated,"
9. In Section 2, at the end of the text in point (c), the words "provided that the liquid only complements the essential constituents and is not a decisive criterion for offering for sale and selling the product, 'are added.
10. in Article 2, at the end of point (d), the dot is replaced by a comma and the following point (e) is added:
"(e) packaged food each individual product intended to be offered for direct sale to the consumer or to food service establishments consisting of food and packaging in which the food was placed before its offer for sale, whether or not the food is sealed in whole or in part, but always in such a way that the contents cannot be replaced without opening or changing the packaging."
11. in Paragraph 3 (1), including footnote 3,
"(1) In an easily visible place of packaging intended for consumers and outer packaging pursuant to Article 6 (6) of the Act (hereinafter referred to as packaging) shall be marked:
(a) for liquid foods, an indication of the volume in millilitres (ml), centilitres (cl) or litres (l);
(b) for non-liquid foodstuffs, the weight in grams (g) or kilograms (kg),
(c) for semi-liquid, semi-skimmed and whipped foods, an indication of the volume in millilitres (ml), centilitres (cl) or litres (l) or the weight in grams (g) or kilograms (kg);
(d) an indication of the weight and number of pieces, or only an indication of the number of pieces, if provided for in specific legislation.3)
3) For example, Decree No. 330 / 1997 Coll., implementing § 18 (a), (d), (j) and (k) of Act No. 110 / 1997 Coll., on foodstuffs and tobacco products, and amending and supplementing certain related laws, for tea, coffee and coffees, as amended by Decree No. 91 / 2000 Coll. and Decree No. 78 / 2003 Coll.; Decree No. 329 / 1997 Coll., which implements § 18 (a), (d), (i), (j) and (k) of Act No. 110 / 1997 Coll., on foodstuffs and tobacco products and amending and certain related laws, for starch and products from starch, leguminous and oil seeds, as amended by Decree No. 418 / 2000 Coll.
12. In Paragraph 3 (2), the first sentence shall read: "Where a packaged foodstuff, including a frozen foodstuff, is found in the liquid, the weight of the solid food after the liquid is drained shall be indicated on the packaging in addition to the total weight."
13. in Paragraph 3 (6):
"(6) Where the food in the consumer package consists of two or more partial packages not intended for individual sale, the total quantity of the food shall be indicated on the packaging. ';
14. In Article 4, at the end of paragraph 1, the sentence "If the date is not indicated in accordance with paragraph 2 (b) or (c), the minimum durability shall be indicated by the words" minimum durability by end..... "'.
15. in Article 4 (4) (c):
"(c) for wines, liqueur wines, sparkling wines, aromatised wines and similar products, (7) and products derived from fruit other than grapes and beverages falling within tariff codes 2206 00 91, 2206 00 93 and 2206 00 99 and produced from grapes or grape must,"
16. in Article 4 (4) (d), the words "or confectionery" shall be deleted;
17. in Article 4 (4) (e), the words "except fortified salt," shall be deleted;
18. in Article 4 (4) (f), the words "with the exception of flour sugar" shall be deleted;
19. in Article 4 (4) (g), including footnotes 5 and 5a:
"(g) confectionery made exclusively from natural sweetener5) or sugar5a) and dyes or flavourings,
5) § 1 (a) of Decree No. 76 / 2003 Coll., laying down requirements for natural sweeteners, honey, confectionery, cocoa powder and mixtures of cocoa with sugar, chocolate and chocolate sweets.
5a) § 1 (b) of Decree No. 76 / 2003 Coll. '.
20. in Article 4 (4) (h), the words "and similar products intended for chewing" shall be inserted after the words "gum."
21. in Article 4 (4) (j), the words "not intended for final consumption." shall be replaced by the words "intended for catering establishments,"
22. in Paragraph 4, the following point (k) is added at the end of paragraph 4:
"(k) individual portions of unpacked ice cream."
23. In the first sentence of Paragraph 6 (1), the words "used in the manufacture or preparation of foodstuffs and still present in the final product, albeit in modified form," shall be inserted after the words "food flavourings (hereinafter referred to as ingredients)."
24. in Paragraph 6 (1), the second sentence, "up to a maximum of 10% of the total weight," shall be deleted.
25. in Article 6 (4) (c), including footnotes 6a and 6b, the following shall be added:
"(c)" meat "(6a) accompanied by the designation of its species under specific legislation, (6b)
6a) § 10 of Decree No. 326 / 2001 Coll., implementing § 18 (a), (d), (g), (h), (i) and (j) of Act No. 110 / 1997 Coll., on foodstuffs and tobacco products and amending and supplementing certain related laws, as amended, for meat, meat products, fish, other aquatic animals and their products, eggs and their products.
6b) Decree No. 326 / 2001 Coll. '.
26. In Article 6, at the end of paragraph 5, the dot is replaced by a semicolon and the sentence is added: "This does not apply where the additive is an ingredient and paragraph 2 remains intact."
27. In Section 6, at the beginning of paragraph 6, the sentence "Water and volatile components shall be indicated in the product composition in order of their weight in the final product. The quantity of water added as an ingredient shall be calculated by subtracting the total quantity of other ingredients used from the total quantity of the final product. '
28. Paragraph 6 (7) reads:
"(7) In the case of dried and concentrated foods re-added by the addition of water, the ingredients may be indicated on the packaging in order of their proportion in the renewed product, provided that the words" ingredients in the renewed product 'or "ingredients in the ready-to-use product' are attached to that extract. '
29. in Article 6 (8), the words "near the name or the relevant ingredient" shall be inserted after the words "on the packaging."
30. In Article 6, at the end of paragraph 8, the dot is replaced by a comma and the following point (d) is added:
"(d) the food has lost water after heat treatment or other treatment. The quantity indicated shall correspond to the quantity of the ingredient or components used in the finished product and shall be expressed as a percentage. However, if the quantity of the ingredient or the total quantity of all ingredients exceeds 100%, the percentage shall be replaced by the weight of the ingredients used to prepare the 100 g finished product. The quantity of volatile components shall be given depending on their weight in the final product. ';
31. in Article 6 (9) (a), the word "pure" shall be deleted;
32. in Article 6, at the end of paragraph 9, the dot is replaced by a comma and the following points (g) and (h) are added:
"(g) which are not such as to have an effect on consumer choice in the country of sale that their designation in the name under which the food is sold is not such as to distinguish them from similar foodstuffs,
(h) as regards foodstuffs labelled in accordance with Article 6 (16). ";
33.In Paragraph 6 (10):
"(10) If the food contains more than 2,5% edible salt, the content of the food must be indicated on the packaging by weight. This obligation shall not apply to dehydrated products, flavourings and cold sauces and dressing. '
34. in Article 6 (12), including footnotes 6) and 9),
"(12) Where the labelling of a foodstuff indicates a nutrition claim, or where specific legislation so provides, 3) it shall be accompanied by nutrition (nutritional) labelling of a foodstuff as provided for by a specific legislature6) and, in the case of foodstuffs intended for particular nutritional uses, shall be treated in accordance with a specific legislature9).
6) Decree No 293 / 1997 Coll., on the method of calculation and presentation of nutritional (nutritional) value of foodstuffs and on labelling data on possible adverse health effects.
9) Decree No 23 / 2001 Coll., laying down the types of foodstuffs intended for particular nutritional uses and their use. '
35. in Paragraph 6 (16):
"(16) Other than natural sweetener5) or sugar, 5a) if added to a foodstuff, hereinafter referred to as" sweetener ", shall be completed near the name of the foodstuff by the words" sweetener. "Where a natural sweetener5), sweetener or sugar 5a) and sweetener have been added to the foodstuff, the words" with natural sweetener and sweetener "or" with sugar and sweetener "shall be added near the name of the foodstuff. '
36. In Article 6, the following paragraph 17 is added:
"(17) Drinks with an ethanol content of more than 1,2% by volume shall be labelled with the actual ethanol content as a percentage by volume. ';
37. in Article 6a (3), the first word "replacement" shall be deleted and after the word "sweeteners," the words "solids, moisturisers, fillers, packaging gases," shall be inserted;
38. footnote 8 shall read:
"8) Decree No. 52 / 2002 Coll. '.
39. in Paragraph 6b (5):
"(5) In the case of an added caffeine content in a non-alcoholic beverage or concentrate for the preparation of a non-alcoholic drink, the label" Contains caffeine 'shall appear on the package. If the caffeine content is more than 150 mg / l, the words "High caffeine content' shall be indicated near the name and, after these words, in brackets, the caffeine content expressed in mg / 100 ml, subject to the conditions of Section 1 (3) of this Decree. The requirement to indicate high caffeine content shall not apply to all types of coffee, coffee extracts, tea and tea products. ';
40. In Article 6b, the following paragraph 7 is added:
"(7) Where quinine or caffeine is used as a flavouring to a food, that substance shall be included in the list of the listed ingredients on the packaging after the word" aroma. "'
41. in Article 7 (2) (g):
"(g) the food is intended for particular nutritional uses or is dietary or dietary if this does not comply with the requirement of a specific legislation, 9)."
42. In Article 7, the following sentence is added at the end of paragraph 6: "In order to determine that the presence of this substance is unintentional and accidental, food business operators shall provide the supervisory authorities with evidence that they have taken appropriate measures to exclude the possibility that genetically modified organisms or products referred to in the previous sentence have been used as a source. '
Transitional provision
The labelling of food produced and put into circulation before the date of application of this decree shall be assessed in accordance with existing legislation.
Efficacy
This decree shall take effect on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Minister:
Ing. Palas v. r.
(*) 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, marketing 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 94 / 54 / EC of 18 November 1994 relating to the compulsory labelling of certain foodstuffs other than those provided for in Council Directive 79 / 112 / EEC. 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.
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Regulation Information
| Citation | Decree No. 259 / 2003 Coll., amending Decree No. 324 / 1997 Coll., on the method of labelling of foodstuffs and tobacco products, on a tolerance from the quantity of product indicated by the symbol "e ', as amended by Decree No. 24 / 2001 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.08.2003 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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