Exemption Clarified for Nutritional Labelling

An exemption is permitted for food, including handcrafted food, directly supplied by the manufacturer of small quantities of products to the final consumer or to local retail establishments directly supplying the final consumer.

The European Commission did not give any guidance on the meaning of this exemption and it was left to Member States to provide their own interpretation.

Following consultation with enforcement authorities and key stakeholders, Food Standards Scotland has adopted the following interpretations:

Manufacturer of small quantities: a micro business under the EU and UK definition i.e. less than 10 employees and a turnover/balance sheet total of less than € 2 M (or Sterling equivalent).
Local: Sales within the supplying establishment's own local authority area plus the greater of either:
– the neighbouring local authority area(s) or,
– 30 miles/50 kilometres from the boundary of the supplying establishment's local authority area.

How the exemption works

Food from manufacturers meeting the definition of a micro business, supplied directly to the consumer (including internet or other forms of distance sales), need not display nutrition labelling under this exemption.

Food from micro businesses supplied to the consumer via a third party, if this third party is a local retail establishment supplying directly to the consumer, need not display nutrition labelling under this exemption.

If prepacked foods which rely on this exemption are traded across national borders, you will need to check the interpretation in the recipient country.

Attachments:

• Food_Information_to_Consumers__Nutrition_Declaration_QA_Guidance__18_November_2016.pdf