Labelling of Flavourings

Specific provisions on the labelling of flavourings sold as such to the manufacturer or to the final consumer are contained in Regulation (EC) No 1334/2008.

Flavourings should not be used in a way as to mislead the consumer about issues related to, amongst other things, the nature, freshness, quality of ingredients used, the naturalness of a product or of the production process, or the nutritional quality of the product. The presence of flavouring in food should, therefore, always be indicated by appropriate labelling.

Flavourings are subject to the general labelling obligations provided for in Regulation (EU) No. 1169/2011 on the provision of food information to consumers and, as the case may be, are subject to the requirements of Regulation (EC) No 1829/2003 and Regulation (EC) No 1830/2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food products produced from genetically modified organisms.

Labelling of flavourings not intended for sale to the final consumer

Flavourings not intended for sale to the final consumer, i.e. business-to-business sales, may only be marketed with the labelling provided for Regulation (EC) No 1334/2008, which must be easily visible, clearly legible and indelible.

Where flavourings not intended for sale to the final consumer are sold singly or mixed with each other and/or with other food ingredients and/or with other substances added to them in accordance with Article 3(4) of Regulation (EC) No 1334/2008, their packaging or containers must bear the following information:

(a) the sales description: either the word ‘flavouring’ or a more specific name or description of the flavouring;

(b) the statement either ‘for food’ or the statement ‘restricted use in food’ or a more specific reference to its intended food use;

(c) if necessary, the special conditions for storage and/or use;

(d) a mark identifying the batch or lot;

(e) in descending order of weight, a list of:
(i) the categories of flavourings present, and
(ii) the names of each of the other substances or materials in the product or, where appropriate, their E-number;

(f) the name or business name and address of the manufacturer, packager or seller;

(g) an indication of the maximum quantity of each component or group of components subject to quantitative limitation in food and/or appropriate information in clear and easily understandable terms enabling the purchaser to comply with Regulation (EC) No 1334/2008 or other relevant EU law;

(h) the net quantity;

(i) a date of minimum durability or use-by-date;

(j) where relevant, information on a flavouring or other substances referred to in Annex II to Regulation (EU) No. 1169/2011 (allergens) as regards the indication of the ingredients present in foodstuffs.

The information required in points (e) and (g) may appear merely on the documents relating to the consignment which are to be supplied with or prior to the delivery, provided that the indication ‘not for retail sale’ appears on an easily visible part of the packaging or container of the product in question.

In addition, where flavourings are supplied in tankers, all of the information above may appear merely on the accompanying documents relating to the consignment which are to be supplied with the delivery.

Labelling of flavourings intended for sale to the final consumer

Flavourings sold singly or mixed with each other and/or with other food ingredients and/or to which other substances are added and which are intended for sale to the final consumer may be marketed only if their packaging contains the statement either ‘for food’ or ‘restricted use in food’ or a more specific reference to their intended food use, which must be easily visible, clearly legible and indelible.

Flavourings must be designated either by the terms:

‘flavouring(s)’ or by a more specific name or description (see examples below) of the flavouring if the flavouring component contains flavourings as defined in points (b), (c), (d), (e), (f), (g) and (h) of Article 3(2) of Regulation (EC) No 1334/2008,
‘smoke flavouring(s)’, or ‘smoke flavouring(s) produced from food(s) or food category or source(s)’ (e.g. ‘smoke flavouring produced from beech’), if the flavouring component contains flavourings as defined in point (f) of Article 3(2) of Regulation (EC) No 1334/2008 and imparts a smoky flavour to the food.

1. An ice-cream product containing a non-natural strawberry flavouring:

The flavouring may be represented in the list of ingredients as:
‘strawberry flavouring’
or
‘flavouring’

2. An ice-cream product containing one natural flavouring and one non-natural flavourings:

In this case the flavourings can be represented in the list of ingredients as:
‘natural raspberry flavouring, vanilla flavouring’
or
‘flavourings’
or
‘raspberry and vanilla flavourings’

Specific requirements for use of the term ‘natural’

Flavouring substances or flavouring preparations should only be labelled as ‘natural’ if they comply with certain criteria which ensure that consumers are not misled. Specific information requirements set out in Regulation (EC) No 1334/2008 ensure that consumers are not misled concerning the source material used for the production of natural flavourings. If the term ‘natural’ is used to describe a flavouring in the sales description then the following conditions apply:

The term ‘natural’ for the description of a flavouring may only be used if the flavouring component comprises only flavouring preparations and/or natural flavouring substances.
The term ‘natural flavouring substance(s)’ may only be used for flavourings in which the flavouring component contains exclusively natural flavouring substances.
The term ‘natural’ may only be used in combination with a reference to a food, food category or a vegetable or animal flavouring source if the flavouring component has been obtained exclusively or by at least 95 % by w/w from the source material referred to. The description must read ‘natural “food(s) or food category or source(s)” flavouring’. An example of how this is labelled is: Natural strawberry flavouring.
The term ‘natural “food(s) or food category or source(s)” flavouring with other natural flavourings’ may only be used if the flavouring component is partially derived from the source material referred to, the flavour of which can easily be recognised. An example of how this is labelled is: Natural strawberry flavouring with other natural flavourings.
The term ‘natural flavouring’ may only be used if the flavouring component is derived from different source materials and where a reference to the source materials would not reflect their flavour or taste. In this case only ‘natural flavouring’ would appear in the ingredients list.

Labelling of flavourings associated with certain health effects
Some flavouring substances are associated with certain health effects and must include one or more additional particulars on the label.

Quinine / Caffeine (Annex VII, Part D of (EU) Regulation No. 1169/2011)
Quinine and/or caffeine used as a flavouring in the production or preparation of a food shall be mentioned by name in the list of ingredients immediately after the term ‘flavouring(s)’.

Glycyrrhizinic acid or its ammonium salt (Annex III, Part 3 of (EU) Regulation No. 1169/2011)

Glycyrrhizinic acid or its ammonium salt is permitted in food and has a liquorice flavour. There are labelling particulars associated with its use in foods depending on the food type and concentration in the food. These are listed below:

1. For confectionery or beverages containing glycyrrhizinic acid or its ammonium salt due to the addition of the substance(s) as such or the liquorice plant Glycyrrhiza glabra, at concentration of 100 mg/kg or 10 mg/l or above, the following particulars shall apply:

‘contains liquorice’ shall be added immediately after the list of ingredients, unless the term ‘liquorice’ is already included in the list of ingredients or in the name of the food. In the absence of a list of ingredients, the statement shall accompany the name of the food.

2. For confectionary containing glycyrrhizinic acid or its ammonium salt due to the addition of the substance(s) as such or the liquorice plant Glycyrrhiza glabra at concentrations of 4 g/kg or above, the following particulars shall apply:

‘contains liquorice – people suffering from hypertension should avoid excessive consumption’ shall be added immediately after the list of ingredients. In the absence of a list of ingredients, the statement shall accompany the name of the food.

3. For beverages containing glycyrrhizinic acid or its ammonium salt due to the addition of the substance(s) as such or the liquorice plant Glycyrrhiza glabra at concentrations of 50 mg/l or above, or of 300 mg/l or above in the case of beverages containing more than 1.2 % by volume of alcohol, the following particulars shall apply:

‘contains liquorice – people suffering from hypertension should avoid excessive consumption’ shall be added immediately after the list of ingredients. In the absence of a list of ingredients, the statement shall accompany the name of the food.