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Product Development and Related Activities


Lancashire hot pot. Chilli con carne. Strawberry yoghurt. Summer pudding. Pork sausage ... Growing use of electronic info, including in-store, offers ... – PowerPoint PPT presentation

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Title: Product Development and Related Activities

Product Development and Related Activities
  • The Legal Aspects

Session aims
  • To provide an overview of the legal requirements
    which must be considered in the packaging of new
    food products and
  • To consider in detail the legal controls in
    nutrition and health food claims.

General Food Law
  • Food Safety Act 1990
  • Trade Descriptions Act 1968
  • Weights and Measures Act 1985
  • Food (Lot Marking) Regulations 1996

Food Labelling Regulations 1996
  • For 20yrs (1979-1999) Council Directive
    79/112/EEC was the principal food labelling
    legislation of the EU (labelling, presentation
    and advertising)
  • In 2000 it and its amendments were consolidated
    into Directive 2000/13/EC

Key principles
  • To contribute to the smooth functioning of the
    internal market by removing impediments to free
    circulation of products and equal conditions of
  • To inform and protect the consumer
  • To prohibit the use of information that might
    mislead the purchaser i.e. all foodstuffs must,
    unless exempted, carry labelling that contains
    certain minimum information and
  • Any additional information given either voluntary
    by the supplier of food or in response to
    specific rules laid down by the EU or by the
    member states should not mislead the purchaser.

The main requirements for pre-packed foods
  • EUs directive 2000/13/EU applies to ALL
    foodstuffs delivered to the consumer, whether at
    the retail stage or in catering establishments.
  • There are 2 general rules
  • Labelling, presentation and advertising should
    not mislead the purchaser
  • Labelling should not carry any medicinal claim
    i.e. a statement that it has the property of
    preventing, treating or curing a human disease or
    a statement with any reference to such properties

The directive insists on the following
  • The name of the food
  • List of ingredients
  • Quantity of certain ingredients
  • The net quantity
  • Date of minimum durability
  • Any special storage conditions or conditions of
  • Name and address of the manufacturer, packager or
  • Place of origin, if omission of such information
    would mislead
  • Any necessary instructions for use
  • Alcoholic strength by volume for beverages
    containing more than 1.2 by volume

Name of food
  • If the name of food is laid down in EU
    legislation it must be used. Failing that the
    name prescribed in the member state where the
    product is marketed must be followed.
  • If there is no name, the supplier must use a
    customary name or description that is clear
    enough to convey to the purchaser its true
  • If a food has been treated or its physical
    condition has been changed e.g. dried,
    concentrated, pasteurised, sterilised, frozen it
    must be indicated if omission of such information
    would confuse.

List of ingredients
  • An ingredient is Any substance that is used in
    the manufacture or preparation of the food and is
    still present in the finished product
  • This includes additives but NOT those used as
    processing aids, solvents or media for other
    additives or flavourings nor those that may be
    present in the final product but serve no
    technological function in it
  • Ingredients must be listed in descending order of
    weight at the mixing-bowl stage (unless if less
    than 2 of the finished product)
  • Specific names must be given

Quantitative ingredient declaration (QUID)
  • Quid rules
  • All ingredients that appear in the legal name or
    label, or which are essential to characterise a
    food and to distinguish it from other products
    which it may be confused, should be quantified
  • Ham and mushroom pizza
  • Vegetable pasty
  • Lancashire hot pot
  • Chilli con carne
  • Strawberry yoghurt
  • Summer pudding
  • Pork sausage
  • Salmon Mousse

  • Exemptions
  • ingredients used in small quantities for the
    purpose of flavouring
  • mixtures of fruit, herbs and spices that do not
    have to be separately identified
  • ingredients that while appearing in the name of a
    food are NOT judged to influence consumer choice
    e.g. cream crackers.
  • Constituents naturally present in foods which
    have not been added as ingredients e.g. caffeine
    in coffee

  • Any product that provides a drained and net
    weight on the label is exempt as it can be
    calculated by weight indications given e.g Single
    fruit or vegetable in water/juice tuna in oil
  • Quantity must be shown as a (relating to the
    mixing bowl, not the finished product) and appear
    next to the name of the food or name of
    ingredient in ingredients list.

  • Net quantity
  • metric units of weight
  • ml/L
  • g/Kg.

Minimum durability
  • Best-before date at which the foodstuff
    retains its specific properties when properly
    stored (day/month/year). Alternatively the
    following are possible
  • only the day/month if the date is within 3
    months, or
  • 'best before end' and month/year if the date is
    from 3 to 18 months, or
  • 'best before end' and month/year or year if date
    is more than 18 months.
  • Use-by date foodstuffs which are
    microbiologically highly perishable
  • (day/month or day/month/year)

  • Any food which 'from a microbiological point of
    view, is highly perishable and in consequence
    likely after a short period of time to constitute
    an immediate danger to human health' is required
    to have a 'Use By' date.
  • Most chilled foods come into this category.
  • 'Cheese and Tomato Quiche'

  • The following foods are exempted from stating an
    appropriate durability indication
  • fresh fruit and vegetables (including potatoes
    but not including sprouting seeds, legume sprouts
    and similar products) which have not been peeled
    or cut into pieces
  • wine, liqueur wine, sparkling wine, aromatised
    wine and any similar drink obtained from fruit
    other than grapes and certain other drinks made
    from grapes or grape musts
  • any drink with an alcoholic strength by volume of
    10 or more

  • any soft drink, fruit juice or fruit nectar or
    alcoholic drink sold in a container of more than
    5l (intended for catering)
  • flour confectionery and bread normally consumed
    within 24 hours of preparation
  • vinegar
  • cooking and table salt
  • solid sugar and products consisting almost solely
    of flavoured or coloured sugars
  • chewing gums and similar products
  • edible ices in individual portions

  • Special storage conditions or conditions of use
  • If the consumer needs to observe certain
    practices once the packaging of a food has been
    opened e.g. once opened keep refrigerated and
    consume within 3 days
  • If certain practices need to be observed before
    consumption e.g. shake well before use
  • If various options are available (e.g. suitable
    for home freezing) or
  • If foods are not appropriate or suitable for use
    in certain circumstances (e.g. not suitable for
    frying, freezing etc).

  • Name and address of manufacturer, packager or
  • contact address for customer (in case of
    complaint or query)
  • Instructions for use
  • cooking or re-heating
  • Easy to follow
  • MAFF microwave labels
  • Alcoholic strength by volume
  • for beverages containing more than 1.2 by volume

Recent supplementary provisions
  • packaged in a protective atmosphere on food
    whose shelf-life has been extended by means of
    packaging gases
  • Mention of sweeteners both in the ingredients
    list and in the name of the food
  • Aspartame source of phenylalanine

Allergens- The Food Labelling (Amendment No. 2)
Regulations (NI) 2004 in operation from 25th
Nov 2005)
  • - Any allergens that are present have to be
  • Cereals containing gluten
  • Crustaceans
  • Eggs
  • Fish
  • Peanuts
  • Soya beans
  • Milk
  • Nuts
  • Celery
  • Mustard
  • Sesame seeds
  • Sulphur dioxide and sulphites at levels above
    10mg/kg or 10mg/L

Manner of marking and labelling
  • No regulations on size or types of letters to be
  • Must be easy to understand, easily visible,
    clearly legible and indelible
  • Name, net quantity, date mark and alcoholic
    strength must be in the same field of vision

Suggestions for labelling
  • Font size ensure its large enough
  • Font colour avoid read and green or green and
    blue combinations
  • Contrast- Many people with sight problems can see
    small print, even very small print if there is
    good contrast between the background and

Nutritional Information
  • Increasing interest between diet and health has
    led to a sharper focus on the nutritional aspects
    of the food supply.
  • Interest in nutrition in respect to total diet
    and individual foods is the 2nd concern to
    consumers, 1st is food hygiene.

  • Nutritional information governs food choice
  • At point of purchase food label provides
    information that enables consumer to make a
    choice between products
  • If diet and health are important to the consumer
    then provision of nutritional info on the pack
    may be a deciding factor between purchasing a

  • Issues manufacturers need to consider in
  • deciding whether or not to include nutritional
  • information
  • Is it required by legislation/ what are the
    regulatory requirements?
  • Can I conform with these?
  • Will it be helpful to my customer / do they
    require the info?
  • Are my competitors providing nutritional info
  • Will it give me an advantage over my competition?
  • Is there space on the label?

Two important points should be borne in mind
  • The provision of nutritional information is
    voluntary unless a claim is made
  • Approx 80 of prepared foods manufactured in the
    UK carry nutritional labelling (so not to do so
    is the exception rather than the rule)

Nutrition Labelling Directive (90/496/EEC)
  • Means of providing consumers with information
    about the nutrient content of the foods they were
    choosing in a standardised format recognisable
    across the EU thereby also promoting freedom of
    movement of goods in the single market.
  • Philosophy behind - growing recognition of the
    link between diet and health and the need to
    encourage consumers to make an informed choice
    about the foods they consume.
  • Info needs to be simple and easily understood
    with a standardised format to allow comparison
    between products.

Provisions of the current legislation
  • Format currently voluntary unless a claim is
    made e.g. reduced fat.
  • If given must be in one of two formats
  • Group 1 the Big 4 en, p, cho, f (in that
  • Group 2 the Big 4 plus little 4 en, p, cho,
    sugars, f, saturates, fibre, sodium (in that

  • Quantities must be given /100g or /100ml or /100g
    or /100ml plus per serving
  • Info must be given in one place, in tabular form,
    with the numbers aligned if space permits
  • Declarations may also be made in respect of vits
    and minerals but must be present in significant
    values 15 of RDA supplied / 100g or /100ml or
    /packet if packet is only 1 serving)

Vits and minerals currently listed and their
  • Vit/mineral RDA Vit/Mineral RDA
  • Vit A 800µg Vit B12 1 µg
  • Vit D 5 µg Biotin 0.15mg
  • Vit E 10mg Pantothenic 6mg
  • Vit C 60mg Calcium 800mg
  • Thiamin 1.4mg Phosphorus 800mg
  • Riboflavin 1.6mg Iron 14mg
  • Niacin 18mg Magnesium 300mg
  • Vitamin B6 2mg Zinc 15mg
  • Folacin 200 µg Iodine 150 µg

  • A declaration may also be made for
  • Starch
  • Polyols
  • Mono-unsaturates
  • Polyunsaturates
  • Cholesterol Saturates

Calculation of en values
  • The directive specifies if en is stated they must
    be calculated by the following conversion
  • CHO (except polyols) 4Kcal/g 17kJ/g
  • Polyols 2.4/g 10/g
  • Protein 4/g 17/g
  • Fat 9/g 37/g
  • Alcohol (ethanol) 7/g 29/g
  • Organic acid 3/g 13/g

Directive also defines average value as composn
of foods is subject to nutritional variation due
  • For crops
  • variations in cultivator
  • weather
  • growing location
  • conditions and practices
  • For animal derived materials
  • breed
  • seasonality
  • rearing conditions
  • practices

  • average value means the value which best
    represents the amount of the nutrient which a
    given food contains
  • reflects allowances for seasonal variability,
    patterns of consumption and other factors which
    may cause the actual value to vary
  • In the UK typical is preferred to average and
    is generally more used

Declared values are based on
  • the manufacturers analysis of the food
  • a calculation from the known or actual values of
    the ingredients used
  • a calculation from generally established and
    accepted data e.g. McCance and Widdowson
  • The amounts declared must be for the food as
    sold. However, where appropriate they may relate
    to the foodstuff after preparation, provided
    sufficient info for preparation is given e.g. in
    5g oil or after grilling

Nutrient Claims
  • Info must be given if a claim is made e.g. low
    in fat.
  • Group 1 info must be given
  • Very often Group 2 info is given but this would
    only be compulsory if a claim was made for one of
    the little 4 e.g. low in saturated fat

  • A nutrition claim has been defined as
  • any representation and any advertising message
    which states, suggests, or implies that a
    foodstuff has particular nutrition properties due
    to the energy it
  • provides
  • provides at a reduced or increased rate or
  • does not provide
  • and / or due to the nutrients it
  • contains
  • contains in reduced or increased proportions or
  • does not contain

  • Only generic advertising is excluded from this
    e.g. producer decided to launch a campaign to
    persuade people to eat more green leafy veg and
    claimed that green veg are low in fat, he/she
    would not have to include the nutrition info
    alongside his/her images of leafy greens.
  • UKs implementation of the Nutrition Labelling
    Directive is via the Food Labelling Regulations
    1996 (as amended)

  • Low energy no more than 167kJ(40kcal)/100g or
  • Low Fat no more than 3g/100g for solids or
    /100ml for liquids
  • Fat Free no more than 0.15g/100g or 100ml
  • Low saturates no more than 1.5g/100g and lt 10
    of total energy
  • Saturates free - lt 0.1g/100g or 100ml
  • Low sugar no more than 5g/100g or 100ml
  • Sugar free no more than 0.2g/100g or 100ml

  • Low salt/sodium no more than 40mg sodium/100g
    or 100ml
  • Salt free no more than 5mg sodium /100g or
  • Increased fibre at least 25 more than a
    similar food for which no claim is made or at
    least 3g in the reasonable daily intake of a food
  • High fibre at least 6g/100g or 100ml or at
    least 6g in the reasonable expected daily intake
    of the foods

Consumer Expectations
  • Although nutrition labelling alone cannot educate
    the consumer to select a healthy balanced diet -
    it should provide the cornerstone of any
    nutrition education policy
  • Research has shown that relatively few consumers
    actually read the nutrition info provided, and
    even fewer understand it
  • However, consumer organisations clamour for more
    and more info to be provided.

  • The view of food manufacturers is that it is not
    always possible to meet the expectations of
    consumers, either because they are not justified
    or because they are not feasible e.g. packet
    sizes vary.
  • Also cost implications in providing nutrition
    info from analytical testing to packaging design
    and manufacturers may not feel costs are
    justified against the likely level of interest
    and consumer benefits in providing such info.

Circumstances in which nutrition info panels are
  • when buying food not bought very often or never
    bought before
  • when comparing two different makes or types of
    the same product
  • when checking the nutrition claims made on the
    front of the pack
  • When on a calorie/fat restricted diet
  • When checking for food allergens

Identified problems with nutritional labelling
  • poor layout e.g. crammed together, jumbled,
    cluttered etc.
  • difficult to read / indistinct / small print
  • not tabulated
  • hard to pick out a particular piece of info
  • concept of Kilojoules
  • many consumers have little knowledge of how much
    energy (in terms of kcal or kJ) they need per day
  • the terms carbohydrate, saturates and sodium

Consumer Recommendations
  • Additional on-pack info needs to be provided.
    Info should be illustrated independently of the
    nutrition panel in a separate box e.g. per
    serving (A cup) - 67 calories, 3.9g fat
  • column order in the nutrition info panel should
    be changed so that per serving info comes
    before the per 100g info
  • consumer education programme is required to
    improve consumer understanding about saturates
    and their role in the diet. Companies are
    recommended to use Group 2 nutrient info.
  • Legibility - need to assist consumers to read the
    info provided.

  • format - greater flexibility with Group 2 info
    would encourage more manufacturers to provide it.
    Where label space is at a premium, lists of
    ingredients with 0 against them appears to be a
    waste. So if the figure for the Big 4 is 0, the
    inclusion of the Little 4 appears superfluous
  • e.g. Fat 0
  • of which saturates 0

  • Review of the definitions of several of the
  • e.g CHO encompasses substances such as
    polydextrose but polydextrose is only partially
    metabolisable and also demonstrates fibre-type
    properties so energy conversion factor (4kcal/g)
    is far in excess of the known 1kcal/g it
  • Fat replacers e.g. olestra although lipids they
    are not metabolisable. However, would be
    converted using factor 9kcal/g

Simplification and flexibility
  • Info should be simple and easily understood e.g.
    highlighting, removing unnecessary clutter
  • flexibility to respond to consumers requests for
    additional info which often occur on a short-term
    basis following media focus e.g. Sudan 1
  • Use of symbols to denote both macro- and
    micronutrients would overcome language problems.
  • Simplification of vitamin and mineral
    declarations - common names e.g. folic acid
    rather than folacin, vit B1 instead of thiamin.

Voluntary or Mandatory?
  • No info comes without a price or trade off.
  • Consider the amount of compulsory labelling on
    any food product e.g. name, ingredients, use-by
    date etc.
  • info overload can be off-putting
  • cost of providing the info e.g. analysis, label
    design and repeating procedure whenever a change
    in the product is made
  • finding space may require new packaging design.

  • Although most people could agree that products
    that contribute a major source of daily food
    intake might usefully provide nutrition info,
    what about those products eaten only
  • as a special treat
  • or used in small amounts e.g. cake decorations
  • or only as an accompaniment e.g condiments,
  • food eaten outside of the home e.g. restaurants
    providing info
  • or foods sold over the counter.

What are the supermarkets doing?
  • Sainsburys - wheel of health food labels on the
    front of packs
  • The aim is to show, at a glance, how much fat,
    saturated fat, calories, salt and sugar is in
    each serving - green indicates foods that can be
    eaten plentifully amber in moderation and red
  • On the back of the pack you'll also find how
    these amounts compare with men's and womens
    average RDG for healthy eating, as well as all
    other nutritional information such as fibre,
    vitamins and minerals.

  • Salt/Sodium - Nutritional food labels usually
    show the amount of sodium in food, but Sainsburys
    now show the amount of salt as well

5-a-day logo
  • On fruit and vegetable labels indicates the
    number of fruit or veg portions a pack or serving
    contains, in accordance with official advice to
    eat at least five portions a day.
  • Labels also offer advice, including handy tips on
    what counts as a portion, and why each type of
    fruit or vegetable is good for you.
  • The logo is only used on products that are
    limited in fat, salt and sugar.

  • Fruit and veg are labelled with the Department of
    Health's '5 a Day logo
  • Nutrition panels which can be found on most
    products, showing calorie, protein, carbohydrate,
    sugar, fat, saturated fat, fibre, sodium and salt

  • 5 A day logos on the front of its packs. In the
    first instance, the logo will only be seen on
    fruit and veg that have no added sugar, fat or
  • 'Great Stuff' a new range that is designed to
    help mums give their children a healthy balanced
  • Gluten, nut and milk free icons

  • Eat Well products contain no artificial
    flavourings, colours or sweeteners. They are also
    those products which are naturally healthy such
    as fruit and vegetables or that we should be
    eating more of as part of a healthy, balanced
    diet Some products within the range may also have
    one or more of the following added benefits
  • Low fat - less than 5, 3, 2, 1
  • High fibre
  • 5-a-day
  • Source of vitamins and minerals
  • Omega-3

  • You can count on usFat, calories and salt are

  • Consumer information and consumer education are
    NOT the same thing.
  • Primary purpose of the label is to INFORM the
    consumer NOT to educate but information is little
    or no use without some pre-existing knowledge.
  • Responsibility for providing this information
    lies with government, consumer and health
    organisations, media and trade.
  • Lead really needs to come from government e.g.
    food standards agency which has responsibility
    for food labelling and consumer information.

  • If the provision of nutrition information is to
    assist consumers to choose a more healthy,
    balanced diet, they must first know what the diet
    should consist of, then how to use nutrition
    information to help achieve it.
  • Consistency and simplicity in the message would
    be a good start followed by consistency and
    simplicity on the label.
  • Growing use of electronic info, including
    in-store, offers opportunities not previously
    dreamt of.
  • Perhaps future policy should gravitate towards
    providing only the essential info and giving
    interested consumers quick and easy access to any
    other nutrition info they may wish to know via
    another medium.

Future Research
  • Signposting

Food labelling signposting concepts
  • Five food labelling designs
  • The aim is to provide at a glance
  • information about the nutritional
  • content of foods and so make it easier
  • for people to make healthier choices
  • The Food Standards Agency is
  • currently consulting about which
  • format will be developed

Option A Three Band System Simple Traffic
Chicken wrap - AmberReady salted crisps -
RedChocolate coated cereal Red Frozen peas -
GreenProcessed cheese spread - AmberOrange
juice - Green
Option B Five Band system Extended Traffic
Egg salad sandwich - Green/AmberCarbonated soft
drink - RedProcessed cheese - AmberCereal bar -
Amber/RedRoasted peanuts - RedPork sausages -
Option C Healthy logo
Wholegrain cerealRetailer healthy option
chicken ready mealDiet soft drinkDried
apricotsFat free fruit yoghurtPre-packed tuna
Option D Key Nutrient
Option E GDA key nutrients