A close eye on packaging and labels

Shortly before Christmas last year, the NVWA published its annual plan for 2019. This year the regulator is examining food safety, deceptive packaging and the accuracy of labels, with a focus on industrial companies. Law enforcement is already making tracks.

In its Annual Plan, the NVWA indicates that it is focused 'on food safety at industrial companies that produce, import, process, store, distribute and transport animal products (including fish) and food products. In addition, regulation is focused on deceptive packaging and the accuracy of labels.' In this latest issue, we take a look at the role of the regulator in terms of packaging.

What does the law say?

The rules with regard to deceptive packaging and the accuracy of labels can be found in the Food Information Regulation (Regulation 1169/2011) and in the National Food Products Information Act. It is essential that food information should not be misleading when it comes to the nature and composition of the food, among other things. The starting point for the legislator is to protect the health of consumers to the highest possible capacity, and to guarantee their right to information. There is also a system of standardisation and labelling of food products at European level to protect food safety, animal welfare and the environment.

Law enforcement and justice

Food safety goes hand in hand with proper labelling on packaging, and both topics are top priorities at the NVWA in 2019. They're not wasting any time: in a recent press release, the Public Prosecutor announced: 'Penalty for egg trader who has outmoded fiproni eggs'. An investigation by the NVWA investigation service (NVWA-IOD) revealed that a large-scale egg trader from Mijnsheerenland would provide eggs with a false origin number. The actual origin of the eggs was unclear and some of the eggs had too high a fipronil content. The Public Prosecutor considers this serious because of the security risks. On 6th February last year, the Public Prosecutor demanded a fine of € 30,000 in the District Court of Rotterdam. In cases like these, it is not unusual for the NVWA to hand over the file to the Public Prosecutor.

Another case involved fraud with relation to the sell-by-date (use-by-date) of cheese products. Following an appeal, the culprit was sentenced to a fine of € 30,000 for a misleading extension of the use-by-date on various dairy products, without any prior (HACCP) research on these dairy products. Not only was the consumer misled, but it is damaging to consumer confidence. Changing the use-by-date without applying a proper procedure can also pose a health risk, according to the judge.

Also noteworthy is the uproar in 2017 about the names of vegetarian products from the Vegetarian Butcher. On Twitter this led to trending topic #schnitzelgate. In the autumn of 2017, the NVWA even filed a written warning in response to the product names on the website of De Vegetarische Slager. Inspection showed that products such as sausage, filet american, chicken skewers, beef strips and chicken shoarma were offered on the website without mentioning that they were vegetarian products that looked very similar to real meat products. The NVWA did have to offer further clarification publicly, because it gave the impression that the written warning was given for the labelling of products by the company and not for the presentation on the website.

Organic products

It is also worth noting that as of 1st January 2021, new EU legislation surrounding organic products applies: Regulation 2018/848. This replaces the current Regulation 834/2007 on organic production and labelling of organic products. One of the aims of the new law is to improve the control system through stricter precautionary measures and more thorough, risk-based control measures in the supply chain. Organic farms will be inspected on the spot once a year, or once every two years if no fraud has been detected in the previous three years. It is therefore important that you, as an organic produce company, prepare for this new EU legislation and map out its potential impact, especially as organic products are subject to stringent EU legislation surrounding organic products. An agricultural product or food product can only be called organic if the production process complies with certain statutory requirements and the company is certified by the Skal inspection authority. It is important to know that Skal and the NVWA work together. For example, Skal informs the NVWA about companies based in the Netherlands that make incorrect references to the organic production method, are not Skal-registered and refuse to do so.  

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Images: Portret; Nino Bruggers DVAN. Eggs: ©Jariryawat/Shutterstock.com