Webinar – New Chinese draft Regulations on general and nutrition labeling explained (texts in EN available to subscribers)

Posted on by Cesare Varallo

In cooperation with HFG law firm in Shanghai, we are proud to offer the first webinar on the potential changes of food labeling legislation in China.

Drafts of GB 7718 (Standard for general labeling for prepackaged food) and GB 28050 (Standard for nutritional labeling for prepackaged food) were disclosed in December 2018. We are talking about two unexplored cornerstones of food labeling regulation in China.

Although those are only non-final versions, therefore potentially still subject to further modifications, companies can learn a lot from these drafts to understand what may possibly change – which will have a crucial impact on their marketing and compliance.

  1. CONTENT/MODALITIES

Duration: estimated 2 h webinar (plus Q&A time) to ease the direct interaction. Questions will be made in chat during the webinar, and the speaker will answer during the speech or at the end. If you are not shy you’ll have the opportunity to speak your questions live in the Q&A phase as well.

After the webinar you’ll receive the presentation, together with the recording and a bunch of bonus materials.

The connection will be via UberConference. You can dial in via phone (toll free) or connect with your computer without any install or dial in. After subscription you will receive all the details to access UberConference and test in any moment the system, to avoid any last minute technical issue.

  1. DATE
  • 15th February 2019 from 9 a.m. to 11a.m. CET (Shanghai time 4.30 p.m.)
  1. PRICING/SUBSCRIPTION

For subscriptions, please write at foodlawlatest@gmail.com, indicating:

  • your name and surname
  • company name/affiliation
  • only participation to webinar or webinar + standards translated
  • invoicing/billing details (including a tax/VAT/registration number for your company)

Pricing:

  • 200 €/subscription to the webinar (the 2nd person from the same company/organization will benefit of a 20% discount);

OR

  • 250 €/subscription to the webinar + receiving in advance full English translation of the drafts GB 7718 and GB 28050

(the 2nd person from the same company/organization will benefit of a 20% discount);

Payment should be made upfront.

  1. PROGRAMS

New draft standard GB 7718 (prepackaged food labeling)

Highlight on the main changes, which include:

  • QUID for ingredients;
  • Products name;
  • Positive and negative claims;
  • Allergenic ingredients labeling;
  • Additive declaration
  • Labeling in case of entrusted production
  • Labeling of suitable categories of people

New draft standard GB 28050 (nutritional labeling)

Highlight on the main changes, which include:

  • mandatory content;
  • exemptions to nutritional labeling;
  • definitions of specific nutrients;
  • error ranges;
  • Recommended serving
  • Recommended graphic
  • allowed nutritional claims (content, comparative, function);
  • label formats
  1. SPEAKER

Nicola Aporti is an Italian-qualified lawyer, who supports international clients in establishing and running their operations in China. He is established in Shanghai since 2006 and he is Head of Corporate and Food Regulatory at the law firm HFG

He has substantive experience in supporting food companies in China in the areas of food regulatory, consumer protection, food licenses, IP and contractual matters.

Nicola is author of Guida alla normativa dell’Industria Alimentare in Cina, Food Editore, Parma 2013; Introduccion al Derecho Alimentario en China, Thomson Reuters Aranzadi, Madrid 2014; and co-author of Sostenibilita’ e Cina, L’Asino d’Oro, Milano 2014. Moreover, Nicola regularly writes articles on reviews  such as Lexology,  Rivista di diritto Alimentare, Food, eFood Lab, and  posts weekly updates on his www.chinafoodlaw.blog

He is a well recognized international speaker and author.

EU – Upcoming exemptions for traditional generic descriptors (which could imply an effect on health) from nutrition and health claims Regulation

Posted on by Cesare Varallo

The objective of the draft Commission Regulation EU providing derogations from Article 1(3) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council on nutrition and health claims made on food for the use of certain generic descriptors – which originally should have been adopted in the third quarter of 2018 – is to provide for a derogation from the provisions of Regulation (EC) No 1924/2006 on nutrition and health claims for certain generic descriptors traditionally used to designate specific class of foods, which could imply an effect on health but which have traditionally not been used to indicate a health effect and which are not understood by consumers in such manner.

In particular, and for generic descriptors listed in the Annex to the Regulation itself, the Regulation would provide for an exemption from the application of Article 1(3) of Regulation (EC) No 1924/2006 in accordance to which “A trade mark, brand name or fancy name appearing in the labelling, presentation or advertising of a food which may be construed as a nutrition or health claim may be used without undergoing the authorisation procedures provided for in this Regulation, provided that it is accompanied by a related nutrition or health claim in that labelling, presentation or advertising which complies with the provisions of this Regulation.”. These specific generic descriptors would be then exempted from the duty of being accompanied – for their legality – by a related nutrition or health claim compliant with Regulation (EC) No 1924/2006.

In particular and to give an example, as regards specifically Italy and rusk-type bakery products category, the generic descriptor “Biscotto salute” (in EN “Healthy Biscuit”) would be then exempted from the application of the above Article 1(3) of Regulation (EC) No 1924/2006. What said follows the application – submitted by Monviso S.P.A. pursuant to Article 1(4) of Regulation (EC) No 1924/2006 for the term “biscotto salute” to be used as generic descriptor in Italy and in Malta – provided on April 23rd 2015 by the Italian competent authority to the Commission.

As regard, instead, non-alcoholic carbonated beverage containing the bittering agent quinine in the form of the flavourings FL 14.011, FL 14.152 or 14.155 as referred to in the Union list of flavourings as laid down in Annex I to Regulation (EC) No 1334/2008, the wording “tonica” (used as part of the descriptive name of the beverage) will be exempted from the application of Article 1(3) of Regulation (EC) No 1924/2006. As a matter of fact on April 2nd 2015, the UK competent authority provided the Commission with an application from the British Soft Drinks Association for the term ‘tonic’ (in English) used as part of the descriptive name of a beverage in the form of ‘tonic water’, ‘Indian tonic water’ or ‘quinine tonic water’ and also substituting the word ‘tonic’ (in English) with ‘tonique’ (in French), ‘tónico’ or ‘tonica’ (in Italian, Spanish, and Portuguese), ‘tονωτικό’ or ‘tonotikó’ (in Greek), ‘tonik’ (in Croatian, Czech, Hungarian, Polish, Slovak and Slovenian), ‘тоник’ (in Bulgarian), to be used as generic descriptor in all Member States except in Romania.

The same for hard and soft sweets based on sugars as well as sugar-free and calorie-reduced variants based on sweeteners (polyols and/or intense sweeteners) containing extracts of herbs, fruit or other plant substances, honey or malt: on November 18th 2015, the German competent authority provided the Commission with three applications from SOLDAN Holding + Bonbonspezialitäten GmbH, Josef Mack GmbH & Co. KG and the Association of the German Confectionery Industry for the terms ‘Hustenbonbon’, ‘Hoestbonbon’, ‘rebucados para a tosse’, and ‘cough drops’, to be used as generic descriptors in Germany and in Austria (‘Hustenbonbon’), in the Netherlands (‘Hoestbonbon’), in Portugal (‘Rebucados para a tosse‘) and in the United Kingdom (‘Cough drops‘).

After a public consultation and the notification to the TRIS system of the EU Commission and to the WTO, the draft received a favorable opinion by the Standing Committee on Plants, Animals, Food and Feed – Section: General food law – on 22nd October 2018.

We are not certain about the date of publication yet, but the Regulation will enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.