Protection of Public Health (Food) (Nutritional Labeling) Regulations, 5778-2017

THE PROTECTION OF PUBLIC HEALTH (FOOD) (NUTRITIONAL LABELING) REGULATIONS, 5778 - 2017 By virtue of my power pursuant to Sections 3, 138(1) and (2) and 312 of the Protection of Public Health (Food) Law, 5776 – 20151 (hereinafter – the Law), and after consultation with the Minister of Health and with the approval of the Knesset Labor, Social Affairs and Health Committee, I am enacting these Regulations: 1. The objective of these Regulations is the accessibility of information for consumers regarding the nutritional value of pre-packed food, clearly and including by means of symbols showing that the food contains a high quantity of sodium, sugars or saturated fatty acids, in order to allow consumers to make an informed choice of their foods in order to promote their health. 2. In these Regulations – "Trans fatty acids" – unsaturated fatty acids that contain carbon in one or more double bond and when the double bonds are non-conjugated with each other, they are separated by at least one methylene group; the fatty acids have a trans configuration, where the two adjacent carbons lie on opposite sides of the double-bonded carbons. "Pre-packed Food" – food that has been packed by a manufacturer prior to it being marketed, whether or not intended for retail, excluding the following: (1) Fruits, vegetables, mushrooms and fresh seaweed that have only undergone the processes as stated in Paragraph (3) of the definition "Methods of Treating Agricultural Produce" in Section 2 of the Law, and where pursuant to the provisions of 1 Sefer HaHukkim 5776, p. 90; 5777, p. 1057. DEFINITIONS OBJECTIVE Part 3 of the Law a manufacturing license is not required therefor; (2) Meat that has not undergone processing; for this purpose, "meat" and "processing" – as they are defined in Section 9 of the Law; (3) Fresh eggs in their shells; (4) Food that has been prepared in an eatery as it is defined in Section 25(b) of the Law, and food that has been prepared at the consumer's request at its time of sale; (5) Food that has been prepared in a catering business for the purpose of supplying it for consumption outside the place where it has been prepared, and excluding pre-packed food for retail sale; "Solid Food" – including semi solid food or viscous food; "A Laboratory in Israel" – including a laboratory as stated in Section 321(k) of the Law; "Sugars" – the total monosaccharaides and disaccharides found in food, excluding polyols; "Nutritional Fibers" – hydrocarbon polymers with at least three monomeric units, that are not digested or absorbed in the small intestine in the human body and they are included in one of these categories: (1) Edible hydrocarbon polymers, and also intervals of lignin and additional compounds that are integrated into hydrocarbon polymers in the wall of the plant cell, that are naturally present in food as it is consumed; (2) Edible hydrocarbon polymers that have been produced by physical, enzymatic or chemical means from raw material used in the manufacture of food; (3) Edible hydrocarbon polymers, that have been produced synthetically; "Nutritional Labeling" – marking pursuant to these Regulations, including the labeling of nutritional values, the labeling of the number of spoons of sugar and the labeling of the red food symbol; "The Red Food Symbol" – each one of the symbols set out in the First Schedule; "Carbohydrates" – the total carbohydrates that undergo metabolism in the human body, including polyols; "The Front of the Package" – one of the sides of the package, that is meant to be visible to the consumer when the food is displayed for sale; "Polyols" – alcohols containing more than two groups of hydroxyls in a molecule, excluding glycerol; "Ingredients" – within the meaning thereof in Israeli Standard 1145; "Israeli Standard 191" - Israeli Standard 191 – olive oil, with the amendments thereto from time to time, a copy thereof is deposited for the public review in the places specified in Notice Regarding Places for Deposit of Official Standards2; "Israeli Standard 216" - Israeli Standard 216 – edible vegetable fats, with the amendments thereto from time to time, a copy thereof is deposited for the public review in the places specified in Notice Regarding Places for Deposit of Official Standards; "Israeli Standard 1145" - Israeli Standard 1145 – marking of pre packed food, with the amendments thereto from time to time, a copy thereof is deposited for the public review in the places specified in Notice Regarding Places for Deposit of Official Standards; "Israeli Standard 1359" - Israeli Standard 1359 – mixed spices and powders or other compounds for seasoning of food, with the amendments thereto from time to time, a copy thereof is deposited for the public review in the places specified in Notice Regarding Places for Deposit of Official Standards; "Follow-on Formula for Toddlers" – a follow-on food formula designed for feeding toddlers from the age of one to three years; "Infant Formula Follow-on Formula for Infants" – a food formula designed to supply the nutritional requirements of infants up to the age of one year as a substitute for breast milk, fully or partially. 3. (a) A manufacturer or importer of pre-packed food shall label it in accordance with these Regulations. (b) The provisions of Sub-regulation (a) shall not apply with regard to the following: 2 Yalkut HaPirsumim 5777, p. 8488. MANDATORY NUTRITIONAL LABELING (1) Drinking water as it is defined in Section 52A of the Public Health Ordinance, 19403, and fizzy water; (2) Spices; (3) Coffee; (4) Tea; (5) A dried plant for the preparation of an infusion; (6) Yeast; (7) Baking powder; (8) Tabletop sweetener; for this purpose, "Tabletop Sweetener" – a pre-packed food product containing a sweetener that is permitted for use pursuant to the Public Health (Food) (Food Additives) Regulations, 5761 - 20014, that is likely to also contain a food additive that is not a sweetener or a food ingredient and is sold to the consumer as a substitute for sugar; (9) An edible extract and a food coloring; (10) Raw material for the manufacture of food in industry; (11) Food samples that are used for the purposes of research and development and that are not intended for sale. 3 Official Gazette 1940, 1st Schedule, p. (Hebrew) 101, (English) 239. 4 Kovetz Takanot 5761, p. 395. (c) The provision of Sub-regulation (a) shall not apply with regard to pre-packed food units where the manufacturer has packed them together in a multi-unit package prior to their marketing and that are intended for retail marketing solely in a multi-unit package, if all the following are fulfilled in the inclusive package: (1) It is a sealed package as this is defined in the Public Health (Food) (Sealing of Food Packages) Regulations, 5753 - 19925; (2) It is labeled pursuant to the provisions of these Regulations and also with the words "for sale only in this pack" that shall be bold, in easily legible letters, that cannot be erased or separated and whose size is no less than the minimum size required for the purposes of labeling the name of the food in Israeli Standard 1145. (d) The manufacturer has pre-packed several units of food in a transparent package, excluding units of food that are exempt from labeling with the Red Food Symbols pursuant to the provision of Sub-regulation (c)(2), the provision of Sub regulation (a) shall not apply with regard to the transparent pack if all the following are fulfilled: (1) The symbols applicable to them pursuant to these Regulations are marked on the food units in the pack; (2) It is possible to easily and clearly read the symbols as aforesaid in Paragraph (1) through the transparent pack. 5 Kovetz Takanot 5753, p. 11. (e) A manufacturer or importer that has elected to label food that is exempt from all or part of the provisions of these Regulations in any of the nutritional labeling items where the obligation to label them applies pursuant to these Regulations, shall label the food with all the items of nutritional labeling where the obligation to label them applies as aforesaid. 4. (a) The nutritional labeling shall be calculated pursuant to Regulations 10 and 11, as the case may be, and shall specify the caloric value of the food and the quantities of fats, saturated fatty acids, trans fatty acids, the cholesterol, sodium, carbohydrates, sugars, polyols, the starches, the nutritional fibers and the proteins in the food, as specified in Part A in the Second Schedule and in accordance with these provisions: (1) If the quantity of proteins, fats, carbohydrates or sugars is less than 0.5 grams per 100 grams or 100 milliliters of food, it shall be labeled 0; (2) The quantities of saturated fatty acids, trans fatty acids and the cholesterol (hereinafter – the fat elements) shall be labeled as specified below: (a) If the food contains in its composition fats in a quantity that exceeds 2 grams per 100 grams or 100 milliliters of food, the fat elements shall also be labeled; however – (1) If the saturated fatty acids content does not exceed 0.1 grams per 100 grams or 100 milliliters of food, it shall be labeled less than 0.1 grams or 0.1 grams; THE NUTRITIONAL LABELING (2) If the trans fatty acids content does not exceed 0.5 grams per 100 grams or 100 milliliters of food, it shall be labeled less than 0.5 grams or 0.5 grams; (3) If the cholesterol content does not exceed 2.5 milligrams per 100 grams or 100 milliliters, it shall be labeled 0. (b) If the food contains in its composition fats in a quantity that does not exceed 2 grams per 100 grams or 100 milliliters, and the food labeling contains reference to one or more of the fat elements, the labeling shall contain the quantity of all the fat elements, as specified in Paragraph (a); (3) If the quantity of sodium is less than 5 milligrams per 100 grams or 100 milliliters of food, it shall be labeled 0. (4) The quantity of polyols shall not be labeled if it is less than 0.5 grams per 100 grams or 100 milliliters of food; (5) Labeling the quantity of starches is optional, however failure to label it does not constitute exemption from calculating it as part of the total carbohydrates; (6) Labeling the quantity of nutritional fibers is optional, labeling the quantity of nutritional fibers shall be separate and it shall not be calculated as part of the total carbohydrates; (7) In labeling the sugars the following shall also be labeled in addition to the quantity: (a) If the quantity of sugars is 2 grams or more per 100 grams of solid food or per 100 milliliters of liquid food, the number of teaspoons or parts of a teaspoon shall be labeled underneath the words "sugars (grams)", in decimal figures or in fractions, so that for 100 grams or 100 milliliters of food, every 4 grams of sugars shall be labeled as one teaspoon of sugar, 3 grams of sugars shall be labeled as three quarters of a teaspoon of sugar, 2 grams of sugars shall be labeled as one half of a teaspoon of sugar and 1 gram of sugars shall be labeled as one quarter of a teaspoon of sugar; labeling parts of a teaspoon shall be according to the following rules of rounding up: (1) Part of a teaspoon that does not exceed 0.125 shall not be labeled; (2) A part that is greater than 0.125 teaspoon and is not greater than 0.375 teaspoon shall be labeled "0.25 teaspoon" or "1/4 teaspoon"; (3) A part that is greater than 0.375 teaspoon and is not greater than 0.625 teaspoon shall be labeled "0.5 teaspoon" or "1/2 teaspoon"; (4) A part that is greater than 0.625 teaspoon and is not greater than 0.875 teaspoon shall be labeled "0.75 teaspoon" or "3/4 teaspoon"; (5) A part that is greater than 0.875 teaspoon shall be labeled "1 teaspoon". (b) In addition to the aforesaid, types of sugars may be labeled, in parentheses, underneath the words "teaspoons of sugar", as shown in Part A of the Second Schedule, provided that all the types of sugars in the food are labeled. (b) A manufacturer or importer shall not include in the food labeling, excluding in the list of ingredients that it is obliged to label pursuant to Israeli Standard 1145, any reference to nutritional fibers, unless their quantity has been labeled as specified in Part A of the Second Schedule. (c) The nutritional labeling of an intoxicating liquor is optional, excluding the labeling of its calorific value, that shall be per 100 millimeter beverage as specified in Part A of the Second Schedule. 5. If a manufacturer has manufactured or an importer imported food that pursuant to Regulation 3 should be labeled, and the labeling contains one of the items of nutritional labeling specified below in Column A in a quantity that exceeds that prescribed alongside each one of them in Column B with regard to solid food or in Column C with regard to liquid food, it shall label the food with the appropriate red food symbol, as the case may be: Column A Column B Column C Labeling Item Quantity per 100 grams Quantity per 100 mls Solid food Liquid food LABELING WITH THE RED FOOD SYMBOLS Sodium 400 mg 300 mg Total Sugars 10 grams 5 grams Total Saturated Fatty Acids 4 grams 3 grams 6. (a) The provisions of Regulation 4(a)(7)(a) with regard to labeling the number of teaspoons of sugar and Regulation 5 with regard to labeling with the Red Food Symbols shall not apply with regard to these foods: (1) Food additive; (2) Infant formula; (3) Special food; (4) Food composed of one single ingredient, food as aforesaid to which pursuant to the food legislation vitamins or minerals should be added, and food composed of one single ingredient to which a spice or flavoring is added, one, that it is permitted to add pursuant to the food legislation, provided that the addition does not vary the nutritional value of the food or the nature of the food; (5) Food that has been packed by a manufacturer prior to its marketing, in packs that are not designed for retail marketing; (6) Spice powder and spice mixture and powders or mixtures containing spice essences; for this purpose – "Spice Powder and Spice Mixture" – mixed spices or one spice in a mixture containing other substances and that is likely to contain spices essences or anti-caking EXEMPTION FROM THE OBLIGATION TO LABEL WITH THE RED FOOD SYMBOLS AND TEASPOONS OF SUGAR substances, provided that Israeli Standard 1358 applies to them; "Spice Powder and Spice Mixture and Powders or Mixtures Containing Spice Essences" – essences of one or more spices in a mixture containing other substances and that is likely to contain anti-caking substances, provided that Israeli Standard 1358 applies to them; (7) An intoxicating liquor; (8) Salt and salt substitute with a reduced sodium content that is designed for use in food instead of salt; (9) Edible vegetable oils provided that they comply with the provisions of Israeli Standard 216 and olive oil provided that it complies with the provisions of Israeli Standard 191. (b) Notwithstanding the aforesaid in Sub-regulation (a)(4) and in Sub-regulation (a)(9), the provisions of Regulation 5 shall apply to palm oil and coconut oil composed of one single ingredient and also to mixtures containing palm oil or coconut oil as aforesaid that contain any additions whatsoever. (c) The provisions of Regulation 5 shall not apply with regard to these foods: (1) Infant formula; (2) A pre-packed unit of food where the area of the front of the package, that is calculated as aforesaid in Regulation 9(2), is no larger than 25 sq. cm. 7. (a) In addition to the provisions of Regulation 4, a manufacturer or importer may label vitamins and minerals from among those specified in Part B of the Second Schedule, as specified therein, provided that the quantities thereof in the food are no lower than the quantities specified in the Third Schedule. (b) A manufacturer or importer shall not include in the food labeling, excluding in a list of ingredients that it is obliged to label pursuant to Israeli Standard 1145, any reference to vitamins and minerals among these specified in Part B of the Second Schedule, unless the quantities thereof in the food is no lower than the quantities specified in the Third Schedule, and they have been labeled as aforesaid in Sub-regulation (a). (c) Notwithstanding the aforesaid in Sub-regulations (a) and (b), a manufacturer or importer of infant formulas, toddler follow-on formulas or special food shall label the quantity of vitamins and minerals therein, as specified in Part B of the Second Schedule, in any quantity whatsoever. 8. (a) The nutritional labeling specified in the Second Schedule shall be marked on the packaging of the food in a conspicuous place, in a bordered table, in the Hebrew language and in the order as stated in the Second Schedule. (b) Notwithstanding the aforesaid in Sub-regulation (a), if the packaging is too small to allow nutritional labeling in a table as aforesaid, it shall be labeled in a line or lines, as the case may be. (c) The letters and the figures in the nutritional labeling shall be of the size as specified below: EXTRA NUTRITIONAL LABELING OF VITAMINS AND MINERALS THE METHOD OF LABELING (1) With regard to the items of labeling in Part A of the Second Schedule – 120% of the minimum size required for the purposes of the labeling of ingredients in Israeli Standard 1145, however with regard to a pre-packed unit of food where the area of the front of the package, that is calculated as aforesaid in Regulation 9(2), is no larger than 25 sq. cms – the minimum size required for the purposes of the labeling of ingredients in Israeli Standard 1145; (2) With regard to the items of labeling in Part B of the Second Schedule – the minimum size required for the purposes of the labeling of ingredients in Israeli Standard 1145. (d) The letters and the figures in the nutritional labeling of the energy labeled in calories, the saturated fatty acids, the sodium, the sugars and the number of teaspoons of sugar, as aforesaid in Part A of the Second Schedule, shall be in bold letters. 9. The red food symbols (in this Regulation – the Symbols) shall be at the front of the package, excluding in a unit of food where the area of the front of the package is no larger than 25 sq. cm that has been labeled with the red food symbols, insofar as it has been labeled, may not be on the front of the package, and all conspicuously, and as specified below: (1) The Symbols shall be identical in their form, including the circle, the illustrations therein, their letters and their bold letters, and in the size ratios between their components, to those in the First Schedule; LABELING WITH RED FOOD SYMBOLS (2) The diameter of the Symbols shall be adapted to the area of the front of the package; for this purpose, the area of the front of the package shall be calculated as specified below: (a) In a square package – all the area of the front of the package without the area of the joins; (b) In a cylindrical or quasi-cylindrical package – 40% of the product of the height of the cylinder multiplied by the size of the cylinder; (c) In a package that is not as aforesaid in Sub-paragraphs (a) and (b) – 40% of the entire area of the package without the areas of the lid, the bottom, the neck and the curves in the top and bottom parts of the package; however if the shape of the package clearly indicates the side that is in front of the package – the entire area of such side; (3) The ratio of the diameter of the Symbol to the area of the front of the package shall be as specified in Sub-paragraphs (a) to (f) below: (a) If the area of the front of the package does not exceed 40 sq.cm, the diameter of the Symbol shall be at least 15 mm; (b) If the area of the front of the package exceeds 40 sq.cm and does not exceed 60 sq.cm, the diameter of the Symbol shall be at least 18 mm; (c) If the area of the front of the package exceeds 60 sq.cm and does not exceed 100 sq.cm, the diameter of the Symbol shall be at least 20 mm; (d) If the area of the front of the package exceeds 100 sq.cm and does not exceed 200 sq.cm, the diameter of the Symbol shall be at least 25 mm; (e) If the area of the front of the package exceeds 200 sq.cmand does not exceed 300 sq.cm, the diameter of the Symbol shall be at least 30 mm; (f) If the area of the front of the package exceeds 300 sq.cm the diameter of the Symbol shall be at least 35 mm; (4) The color of the circle and the illustration in the Symbols shall be process 0k, 100y, 95m, 0c or pantone red 485 and the color of the letters, the background to the illustration and the external outlines shall be white; (5) The display of two or three Symbols shall be as specified below: (a) The Symbols shall be in a horizontal or vertical continuum, and a combination of three Symbols may also be in a corner, all as set out in the illustrations in the Fourth Schedule; (b) The Symbols shall be linked to each other so that there shall be an overlap between the white external outlines, as set out in the illustrations in the Fourth Schedule; 10. (a) The caloric value shall be expressed in units of kilocalories and shall be labeled, alongside their number, in words "energy (calories)". CALORIFIC VALUE (b) The calorific value shall be calculated according to the actual quantities of the following items, and according to conversion coefficients as specified below: (1) Proteins – 4 kilocalories per gram; (2) Carbohydrates (excluding polyols and including glycerol) – 4 kilocalories per gram; (3) Fats – 9 kilocalories per gram; (4) Polyols - excluding Erythritol (E968) – 2.4 kilocalories per gram; Erythritol (E968) –0 kilocalories per gram; (5) Organic acids – 3 kilocalories per gram; (6) Ethyl Alcohol (Ethanol) – 7 kilocalories per gram; (7) Nutritional Fibers – 2 kilocalories per gram. (c) The caloric value shall be rounded up to the nearest whole calorie. 11. (a) All the items of the nutritional labeling shall be calculated and marked per 100 grams of solid food or per 100 milliliters of liquid food, in accordance with the units of weight or volume according to which the food is labeled; if the food has been labeled in both units of weight and in units of volume, the items of the nutritional labeling shall be calculated in units of weight. (b) If for the purpose of preparation of the food in order to consume it, water or other liquid should be added to it, the food shall be labeled, in addition to the labeling as aforesaid in Sub regulation (a), also per 100 grams of solid food or per 100 BASIS OF THE CALCULATION OF THE ITEMS OF THE NUTRITIONAL LABELING milliliters of liquid food, according to the state of the food that has been prepared in accordance with the marked instructions for preparation; if several alternatives have been given for preparation, the food shall be labeled for each one of the alternatives. (c) In food as aforesaid in Sub-regulation (b), the labeling with the Red Food Symbol shall be according to the values specified in Columns B and C of Regulation 5 according to the state of the food when it is ready for eating after it has been prepared in accordance with the marked instructions for preparation; if a number of alternatives have been given in the instructions for preparation and labeling with the Red Food Symbol is required with regard to one or more of them, the food shall be labeled with the red food symbol. (d) If the weight of the food has been labeled after sifting, the nutritional labeling shall be applied according to the weight after sifting, noting the words "after sifting". 12. The Director may demand the performance of laboratory tests in Israel or in a laboratory that has been approved or recognized by one of the bodies as stated in Sections 42(b) or 52(b)(2) of the Law, for the purpose of testing the food labeling according to these Regulations; the manufacturer or importer of the food, as the case may be, shall be responsible for the costs of the test and it shall pay them directly to the laboratory, whether it has taken the sample itself at the demand of the Director or whether it was taken by the Supervisor. 13. The actual amount of the items of the nutritional labeling shall not be less than 80% of the labeled quantity and shall not exceed 120% LABORATORY TEST PERMITTED DEVIATION thereof, or from the amounts prescribed pursuant to the food legislation. 14. A retailer shall not sell pre-packed food units out of a multi-pack within the meaning thereof in Regulation 3(c) that has been labeled with the words "for sale in this pack only". 15. The absence of an obligation to label pre-packed food pursuant to the provisions of these Regulations shall not constitute, per se, justification for the presentation of the food as healthy, recommended, approved by the Ministry of Health or as complying with the requirements thereof. 16. The provisions of these Regulations are designed to add to other provisions in the food legislation regarding labeling obligations. 17. The Public Health (Food) Nutritional Labeling) Regulations, 5753 19936 - are revoked. 18. (a) The commencement of these Regulations is 4 Tevet 5780 (1 January 2020) (hereinafter – the Commencement Date); (b) Notwithstanding the aforesaid in Sub-regulation (a) with regard to food that has been manufactured or imported within a period of 12 months from the Commencement Date, the aforesaid in the table in Regulation 5 shall be read thus: Column A Column B Column C Labeling Item Quantity per 100 grams Quantity per 100 mls Solid food Liquid food Sodium 500 mg 400 mg Total Sugars 13.5 grams 5 grams Total Saturated Fatty Acids 5 grams 3 grams 6 Kovetz Takanot 5753, p. 858; 5772, p. 1175. RETAILER'S OBLIGATIONS PREVENTING MISLEADING PRESERVATION OF LAWS REVOCATION COMMENCEMENT, COMING INTO EFFECT AND TRANSITORY PROVISIONS (c) These Regulations shall not apply to food that has been manufactured or imported before the Commencement Date. (d) For the purposes of this Regulation, the date of import of food is the date the certificate of release from the bonded warehouse was issued.