December 09, 2014 Opinion piece
This regulation affects all those involved in the supply and sale of food and drink products.
Overview of FIC
Objective of regulation
FIC sets out a standardised format for how information should be displayed on product packaging. The aim of the regulation is to ensure that consumers can make informed decisions about the food they purchase.
The two most notable changes to UK packaging introduced by this legislation are the way in which allergens are distinguished and how nutritional information is listed, although the mandatory requirements of FIC are actually applicable to 12 key information areas.
Who is impacted by FIC
FIC is often thought of as being a ‘food labelling’ regulation – as in something that affects physical products on shelves – but it applies equally to distance-selling channels such as websites and covers any product sold into the EU.
FIC does not just cover what information needs to be presented at a particular point – it also sets out who is responsible for that information at the various stages of consumer engagement.
The demands of FIC
All businesses involved in the supply and sale of food and drink products have responsibilities around the provision of information to consumers under the new rules – which vary in accordance with their role.
For example – suppliers have responsibility for the labels on their products being compliant, while retailers must ensure that the information is also presented in a compliant form through all channels where they market the products.
All foodservice mass catering establishments are required to make allergen information available to consumers and there are a number of options for how they may achieve it. This means any establishment that prepares food ready for consumption by the end consumer (including stalls and vehicles).
Information on compliance
What are the key dates?
There is still plenty to be aware of beyond the principal transition measure date of 13 December 2014. The first of the implementing regulations tackling origin labelling on popular meats other than beef becomes effective from 1 April 2015. This is the only one that has been published to date and there are potentially eight more implementing regulations to follow on origin labelling alone.
Estimated levels of compliancy in the industry today
No single authoritative figure for industry compliance exists – there are however two measures that provide an indicator of how industry has been progressing.
GS1 UK commissioned Campden BRI to provide a series of reports analysing a basket of 20 products on a quarterly basis. The intention was to identify any common errors or misconceptions to help industry avoid repeating them. The sample is too small to make any assumptions about the overall percentage of industry compliance, but the first report in April found four of the 20 products to be compliant, rising to eight in July and 11 in the final November report suggesting that compliance is rising at a rapid rate. It is also important to factor in the lag of existing products working their way out of the supply chain during the transition to new labels.
Secondly Brandbank’s e-label service provides a broad view of products listed and ranged across all major retailers’ websites. Brandbank reports a little over 111,000 products in scope, with approximately 38,500 currently compliant (end-November) for selling online – or ~35%. While this figure remains short of the level of compliance needed it has risen sharply from a recent level of less than 20% suggesting rapid progress toward the goal of 100%. It should also be noted that not all products in scope of FIC are held on the Brandbank database and therefore overall compliance may vary relative to this.
Enforcement Process
FIC introduces a relatively new enforcement process to food labelling of the issuing of improvement notices by food authorities. Guidance issued to food enforcement officers asks that the current practice of offering advice or communicating by letter to achieve compliance is continued. If such an informal approach is unlikely to result in a successful outcome then an improvement notice may be issued. If such an informal approach is unlikely to result in a successful outcome then an improvement notice may be issued. Consideration has to be given by the enforcing officer to any advice given to the food business operator if they are in partnership with a primary authority.
Appeals and Fines
There is an appeal process against improvement notices which varies through the UK: in England it is via first-tier tribunals, whereas in Northern Ireland and Wales it is heard in the magistrates’ court. Ultimately, failure to comply with an improvement notice is an offence. In England an offence under regulation 10 is liable on summary conviction to a fine not exceeding level 5 on the standard scale (detailing possible level of fine).
Further information
You can view the GS1 UK / Campden BRI quarterly reports here.
If you would like to speak to GS1 UK about the requirements of FIC, contact 0808 178 8799