Decree No. 417 / 2016 Coll.
Decree on certain methods of labelling foodstuffs
Valid
Order
Effective from 01.01.2017
417
DECLARATION
of 13 December 2016
on certain methods of labelling foodstuffs
According to Article 18 (1) (a) of Act No. 110 / 1997 Coll., on Food and Tobacco Products, and amending and supplementing certain related acts, as amended by Act No. 180 / 2016 Coll., ("the Act '):
Subject matter
(1) This decree implements the relevant European Union1), following the directly applicable European Union2), and regulates certain methods of labelling and labelling of foodstuffs.
(2) For the purposes of this decree, meals shall be subject to all the requirements laid down for foodstuffs, except those laid down for the method of labelling for unpackaged food and food packed without consumer presence.
(3) This decree is without prejudice to the obligations on the provision of information on the origin of the food laid down directly by the European Union3.
Method of labelling of foodstuffs
(1) Food information does not contain misleading data within the meaning of Article 7 of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council, which, taking into account the way in which food is presented to the consumer, shows in particular that:
(a) the food or its ingredient is "suitable for children," "domestic," "fresh," "live," "clean," "natural" or "real,"
(b) the nature of the food is "dia,"
(c) the food is diet or dietary; or
(d) the food has been produced according to religious or ritual practices.
(2) Furthermore, food information does not contain misleading data within the meaning of Article 7 of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council on the origin of unprocessed food (4), winegrowing products5) or milk, expressed as "Czech food" or a graphic representation as set out in the Annex to this Regulation.
(3) Furthermore, food information does not contain misleading data within the meaning of Article 7 of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council, which could in particular:
(a) raise doubts as to the safety of other similar foodstuffs or raise consumer concerns about their use;
(b) to confuse normal foodstuffs with foods for particular nutritional uses; or
(c) in derived or in a small form, lead to confusion between foodstuffs and foodstuffs as defined by the legislation regulating foodstuffs (6) or by the Regulation on the common organisation of the markets in agricultural products7).
(4) It shall not be considered misleading if:
(a) the indication referred to in paragraph 1 (a) shall be included in the name of the food, the name of the species, group or subgroup indicated for each food type in the food legislation (6) or in the directly applicable European Union food regulations8);
(b) the indication referred to in paragraph 1 (a) is part of descriptive information and the elements relating to the presentation of the food as a whole, which clearly justify its use and does not mislead the consumer;
(c) the indication referred to in paragraph 1 (c) complies with the requirements of the Ordinance on foodstuffs intended for particular nutritional purposes (9) or the Regulation on foods intended for infants and young children and foodstuffs for special medical purposes (10);
(d) the indication referred to in paragraph 1 (d) shall be supported by a document issued by the competent religious authorities or, where appropriate, a copy of the decision in force on the authorisation to slaughter animals for the purposes of churches and religious societies issued by the Ministry of Agriculture;
(e) the data referred to in paragraph 2 and at the same time 100% of all components of the total weight of unprocessed food (4), wine products5) or milk comes from the Czech Republic and primary production (11) and slaughter of animals and all stages of production took place in the Czech Republic.
(5) Food information does not contain data which cannot be proven to be true.
(1) Without prejudice to European Union legislation on compulsory origin marking, in particular Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council and Commission Implementing Regulation (EU) No 1337 / 2013, information on the placing on the market of the food may be provided by the words "Czech food" or by the graphic representation set out in the Annex to this Regulation, provided that the sum of the weight of ingredients originating in the Czech Republic is at least 75% of the total weight of all ingredients determined at the time of their use in the manufacture of the food other than unprocessed (4), winegrowing products5), or milk and production takes place on the territory of the Czech Republic; the added water is not counted against the total weight of all components.
(2) When placing the food on the market, information may be provided by the words "manufactured in the Czech Republic" if the production takes place in the Czech Republic.
(3) The labelling referred to in paragraph 1 and paragraph 2 may not be used for wine products.
Labelling of the net quantity of food
(1) An indication of the net quantity under Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council shall be given in accordance with Article 23 of this Regulation.
(2) In addition to the method referred to in paragraph 1, the indication of the net quantity may be indicated in accordance with:
(a) the rules for marking the symbol "e" 12);
(b) regulations governing agricultural products7); or
(c) food legislation (6).
(3) An indication of the net quantity for semi-solid or semi-liquid products is given in units by weight or volume, where provided for by food legislation (6).
(4) In the case of bakery and pastry products under the order for mill grain products, pasta, bakery products and confectionery products, 13), the net quantity shall be indicated in accordance with Section 8 (2) of the Act in accordance with paragraphs 1 and 2.
Lot labelling
(1) Before the lot is marked, the letter "L 'shall be indicated, except where this indication is clearly distinguishable from other particulars and it is not possible to confuse it with another indication.
(2) The lot marking shall be easily visible, clearly legible and indelible.
(3) In the case of packaged table butter, the indication of the lot shall be taken to be the date of manufacture.
Method of labelling of foodstuffs under Sections 7 and 8 of the Act
(1) The substance indication defined in Article 9 (1) (c) of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council shall be given in accordance with Article 21 of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council.
(2) For foodstuffs covered by Article 7 of the Act, the required data shall be indicated in the font size referred to in Article 13 (2) and (3) of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council.
Method of providing food information under Section 9a of the Act
(1) The name of the dish shall be indicated in accordance with Article 17 of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council.
(2) In accordance with Article 7 of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council, when indicating the name of a dish, in particular in a way which does not enable the consumer to establish the true nature of a dish which differs by its composition or production from that known name, the name of the dish shall be indicated by adding additional descriptive information. The indication of descriptive information shall be given in a way that enables the consumer to establish the true nature of the food and distinguish it from the food with which it could be confused.
(3) Information on the presence of the substance as defined in Article 9 (1) (c) of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council in the food shall be provided:
(a) in writing pursuant to Article 21 of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council;
(b) in writing, "Request information on the occurrence of specific allergens in food for operators." or, in other words, which is of similar importance to consumers, including the subsequent transmission of information on the presence of a particular allergen in food for consumers,
(c) in writing, by means of a visual communication device; or
(d) in writing, by indicating the code numbers or letters or symbols, provided that they are explained in a comprehensible manner in the consumer menu.
Technical Regulation
This Decree was notified in accordance with Directive (EU) 2015 / 1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical and information society services.
Repeal
They shall be deleted:
1. Decree No. 113 / 2005 Coll., on the method of labelling of foodstuffs and tobacco products.
2. Decree No. 368 / 2005 Coll., amending Decree No. 113 / 2005 Coll., on the labelling of foodstuffs and tobacco products.
3. Decree No. 497 / 2005 Coll., amending Decree No. 113 / 2005 Coll., on the labelling of foodstuffs and tobacco products, as amended by Decree No. 368 / 2005 Coll.
4. Decree No. 101 / 2007 Coll., amending Decree No. 113 / 2005 Coll., on the labelling of foodstuffs and tobacco products, as amended.
5. Decree No. 127 / 2008 Coll., amending Decree No. 113 / 2005 Coll., on the labelling of foodstuffs and tobacco products, as amended.
6. Decree No. 117 / 2011 Coll., amending Decree No. 113 / 2005 Coll., on the labelling of foodstuffs and tobacco products, as amended.
Transitional provision
Foodstuffs placed on the market or labelled before the date of entry into force of this Order may be marketed until stocks are exhausted.
Efficacy
This Decree shall enter into force on 1 January 2017, with the exception of the provisions of Sections 2 (1) (a), 2 (4) (a) and (b) and 4 (4), which shall take effect on 1 July 2017.
Minister:
Ing. Jurečka v. r.
Annex to Decree No 417 / 2016 Coll.
Graphic representation according to § 9b (1) of the Act, § 2 (2) and § 3 (1)
a) Graphic representation of the logo in colour and black and white.
b) Dimensions of the graphic representation are defined by the dimension X. The radius of curvature of corners is 0.3X.
(c) Colour
The basic colours of the graphic representation of the logo are red, blue and black with white background, or black and white in combination with a white background on which the graphic representation is always placed.
d) The protection zone of the graphic representation is within 1 / 6 of the width of the graphic representation from the logo (X).
e) The minimum graphic size of the logo is 10 mm wide.
(f) Font
The text "Czech Food ', which is part of the graphic representation, is given in Gill Sans MT Bold Italian.
1) Directive 2011 / 91 / EU of the European Parliament and of the Council of 13 December 2011 on indications or marks identifying the lot to which the food belongs.
2) Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924 / 2006 and (EC) No 1925 / 2006 of the European Parliament and of the Council and repealing Commission Directive 87 / 250 / EEC, Council Directive 90 / 496 / EEC, Commission Directive 1999 / 10 / EC, Directive 2000 / 13 / EC of the European Parliament and of the Council, Commission Directives 2002 / 67 / EC and 2008 / 5 / EC and Commission Regulation (EC) No 608 / 2004, as amended.
3) Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council, as amended. Commission Implementing Regulation (EU) No 1337 / 2013 of 13 December 2013 laying down detailed rules for the application of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council as regards the indication of the country of origin or place of provenance in fresh, chilled and frozen pigmeat, sheep, goats and poultry meat. Regulation (EC) No 1760 / 2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820 / 97, as amended. Commission Regulation (EC) No 1825 / 2000 of 25 August 2000 laying down detailed rules for the application of Regulation (EC) No 1760 / 2000 of the European Parliament and of the Council as regards the labelling of beef and beef products, as amended. Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922 / 72, (EEC) No 234 / 79, (EC) No 1037 / 2001 and (EC) No 1234 / 2007, as amended. Commission Implementing Regulation (EU) No 543 / 2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234 / 2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors, as amended. Commission Implementing Regulation (EU) No 29 / 2012 of 13 January 2012 on marketing standards for olive oil, as amended. Regulation (EU) No 1379 / 2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products and amending Council Regulations (EC) No 1184 / 2006 and (EC) No 1224 / 2009 and repealing Council Regulation (EC) No 104 / 2000, as amended.
4) Article 2 (1) (n) of Regulation (EC) No 852 / 2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs, as amended.
(5) Annex VII to Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council, as amended.
6) Decree No. 333 / 1997 Coll., implementing § 18 (a), (b), (g) and (h) of Act No. 110 / 1997 Coll., on foodstuffs and tobacco products and amending and supplementing certain related laws, for grain mill products, pasta, bakery products and pastry products and batter. Decree No. 69 / 2016 Coll., on the requirements for meat, meat products, fishery and aquaculture products and products thereof, eggs and products thereof. Decree No. 397 / 2016 Coll., on the requirements for milk and milk products, frozen creams and edible fats and oils. Act No. 321 / 2004 Coll., on wine-growing and wine-growing and on the amendment of certain related laws (Law on wine-growing and wine-growing), as amended.
(7) Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council, as amended.
(8) Regulation (EC) No 853 / 2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin, as amended. Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council as amended. Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council, as amended.
9) Decree No. 54 / 2004 Coll., on foodstuffs intended for particular nutritional uses and their method of use, as amended.
10) Regulation (EU) No 609 / 2013 of the European Parliament and of the Council of 12 June 2013 on foodstuffs intended for infants and young children, foods for special medical purposes and total diet replacement for weight control and repealing Council Directive 92 / 52 / EEC, Commission Directives 96 / 8 / EC, 1999 / 21 / EC, 2006 / 125 / EC and 2006 / 141 / EC.
11) Article 3 (17) of Regulation (EC) No 178 / 2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, as amended.
12) Act No. 505 / 1990 Coll., on Metrology, as amended. Decree No 328 / 2000 Coll., on the method of making certain types of pre-packaged goods, the quantity of which is expressed in units of mass or volume, as amended.
13) Decree No. 333 / 1997 Coll., implementing § 18 (1) (a), (b), (g) and (h) of Act No. 110 / 1997 Coll., on foodstuffs and tobacco products, and amending and supplementing certain related laws, for grain mill products, pasta, bakery products and pastry products and batter, as amended.
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Regulation Information
| Citation | Decree No. 417 / 2016 Coll., on certain methods of labelling foodstuffs |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.12.2016 |
|---|---|
| Effective from | 01.01.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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