EU Regulation No. 1169/2011, on the provision of food information to consumers, in its valid and effective version (hereinafter referred to as the "EU Regulation") is such a regulation. This EU Regulation became "famous" in our country by introducing the obligation to explicitly label all allergenic substances in food. However, the regulation also stipulates other obligations - it also stipulates the method of labeling individual ingredients in food and responsibility for the information provided on the packaging.

The penalties imposed on food businesses are high. In 2017, 2,172 administrative proceedings conducted with food business operators were legally terminated before the Czech administrative authorities, in which fines totaling CZK 111,450,300 were imposed. At the same time, last year the inspection imposed 11,837 bans on putting food into circulation, and the total value of such banned food amounted to CZK 28,133,593.

As retail chains have recently been fined for violating this EU Regulation, including one of our clients, we would like to express our legal opinion on its application by local administrative authorities.

Food composition

According to Article 7 paragraph 1 letter a) The EU regulation applies: "The list of ingredients contains all the ingredients of the food ordered in descending order of weight, determined at the time of their use in the production of the food." This provision causes a problem especially for meat products, where a proportion of meat is lost during production. It can happen that, for example, salami has a meat content of over 100%. This is because it is the content of meat that was used in its raw state according to the recipe, i.e. "during production". However, if an inspection comes to the retail chain and takes finished meat products and has them analyzed, they usually find that the meat content does not correspond to the content stated on the packaging. The meat content may be lower in the finished product.

The situation is also complicated by the fact that the Czech legislation does not specify a specific methodology according to which the presence of meat in unprocessed meat products and processed meat products is to be indicated. Even in the legal regulations of the European Union, there is no specific method for labeling the meat content to be used by producers operating on the European market. Therefore, manufacturers independently choose the method of calculation and accordingly, based on its results, prepare the product label. The above causes difficulties for producers, since the relevant national control (food) authorities in the territory of the European Union use different methods of determining the content of meat. Using a different methodology, these control bodies may obtain different test results than entrepreneurs.

Obligation to include information on the packaging

Another problem with the application of this EU Regulation by the Czech administrative authorities is that they impose fines on retailers for detected inappropriate composition of the product on the packaging. According to Article 8, paragraph 1 of the EU Regulation, the retailer is not the person obliged to ensure the correct packaging of the product. According to this provision of the EU Regulation, the person obliged to ensure the correct packaging of the product is the operator of the food business under whose name or trade name the food is placed on the market, and if not established in the Union, the importer of the food on the Union market. This operator is then obliged to ensure their listing and accuracy in accordance with applicable legal regulations. Food business operators who do not have an influence on food information may only supply food that, based on information available to them as experts, they know or assume does not comply with applicable food information legislation and does not meet the requirements of the relevant national regulations.

If the retailer is not the operator of the food company under whose name or business name the product is marketed, he cannot bear direct responsibility without further ado for any violation by the manufacturer, especially if he had no objective information that would question the veracity of the stated data.

It follows from the above that it is important to have the legal argumentation - whether from the administrative body or from the food companies concerned - carefully prepared. EU regulations must be uniformly applied throughout the EU territory in order to ensure a uniform standard throughout the EU territory, which supports the free market - the free circulation of goods on the EU market. Uniform European standards reduce costs and the final price of products, so it is not only necessary to comply with them, but it is also advantageous for consumers for this reason.

For the CHS LEGAL law office team:
Mgr. Beata Sabolová, lawyer
Mgr. Jaroslav Hroza, partner