Regulation (2015:1) amending the National Food Agency's regulations (SLVFS 2005:9) on the use of a particular symbol

This version is only a translation. The valid version is the original in Swedish. LIVSFS 2015:1 The National Food Agency's Code of Statutes ISSN 1651-3533 Regulations amending the National Food Agency's regulations (SLVFS 2005:9) on the use of a particular symbol; LIVSFS 2015:1 (H 128) Published on 30 January 2015 Reprinted adopted on 26 January 2015. The National Food Agency lays down the following pursuant to Section 7 of the Food Regulation 1(2006:813) with regard to the National Food Agency's regulations (SLVFS 2005:9) on the use of a certain symbol that sections 1 and 2 shall have the following wording, that the current annex shall be called Annex 2 and have the following wording, that new intermediate headings with the following wording shall be inserted before Sections 1 and 2 that three new paragraphs, Sections 1a, 3 and 4, and a new annex, Annex 1, shall be inserted in the regulations with the following wording. The regulations shall thus read as follows from the day that these regulations enter into force. The Keyhole symbol 1 § These regulations apply to the labelling and presentation of foodstuffs with a certain symbol, i.e. the Keyhole symbol. The regulations do not apply to the labelling and presentation of the Keyhole symbol on food that is not prepacked and supplied at mass caterers. (LIVSFS 2015:1). 1 [This notification has been submitted in accordance with Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services and in accordance with Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods]. 2 LIVSFS 2015:1 1 a § Labelling and presentation of foodstuffs with a symbol that declares fat, sugar, salt or fibre content may only be carried out using a symbol (Keyhole symbol), which is formulated in accordance with the example below and represented in green or black. The Keyhole symbol shall be accompanied by the ® symbol in accordance with the following. Foodstuffs may only be labelled and presented bearing the Keyhole symbol if the conditions in the regulation are satisfied. The terms used in these regulations are described in Annex 1. The first paragraph shall not apply to other symbols on foodstuffs which are lawfully labelled or placed on the market in another Member State within the EEA area or Turkey. (LIVSFS 2015:1). Conditions 2 § Foodstuffs may be labelled and presented with the Keyhole symbol in the case of prepacked foods that satisfy all conditions for the food group indicated in Annex 2 of these regulations. In addition, foodstuffs that is not prepacked may be labelled or presented with the Keyhole symbol in the following food groups.  Unprocessed vegetables in food group 1 (Potatoes; root vegetables, leguminous plants (excluding peanuts) and other vegetables and spices).  2 (Fruits and berries).  8 a-b (Soft bread etc. and Rye bread etc.).  9 (Hard bread and crusts).  16 (Cheese).  17 (Wholly or partially vegetable alternatives to group 16).  21 (Fishery products and live mussels).  23 (Unprocessed meat). (LIVSFS 2015:1). 3 LIVSFS 2015:1 3 § Foodstuffs intended for children up to the age of 36 months must not be labelled or presented with the Keyhole symbol. (LIVSFS 2015:1). 4 § The following ingredients must not be contained in foodstuffs labelled or presented with the Keyhole symbol: 1. Sweeteners (food additives), 2. approved novel foodstuffs or foodstuff ingredients with sweetening properties, and 3. phytosterols, phytosterol esters, phytostanols and phytostanol esters. Oil and other fat used in the production of the products may contain a maximum of 2 g of industrially produced trans-fatty acids per 100 g oil and fat. Fat, sugars and salt may only be added to the foodstuffs for which conditions for fats, sugars or salt are explicitly stated in the respective food group in Annex 2. This kind of nutrient may, however, be added to foodstuffs in other food groups as long as this is not done in greater quantities than is necessary in order to achieve the desired purpose. (LIVSFS 2015:1). These regulations2 shall enter into force on 1 June 2005, at which time the National Food Agency’s regulations (SLVFS 1989:2) and general guidance on the use of a particular symbol shall cease to be valid. These regulations3 come into force – on 1 October 2009 (transitional provisions). – on 17 June 2009 (remaining provisions). 2LIVSFS 2005:9 3 LIVSFS 2009:6 4 LIVSFS 2015:1 These regulations (2015:1) shall enter into force on 1 March 2015. Products in food groups 22 c), 24 c), 26–28 and 31 labelled or presented in accordance with older provisions before 1 March 2019 may, however, be placed on the market until stocks are exhausted. Products in other food groups labelled or presented in accordance with older provisions before 1 September 2016 may, however, be placed on the market until stocks are exhausted. STIG ORUSTFJORD Claudia Gardberg Morner (Division of strategic development and support) 5 LIVSFS 2015:1 Annex 1 Terms (to LIVSFS 2005:9) The following terms apply in these regulations. – Prepared fishery products: The same meaning as in point 3.6 of Annex 1 of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for the hygiene of foodstuffs of animal origin. – Processing: The same meaning as in Article 2.1(m) of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on food hygiene. – Fat: The same meaning as in point 2 in Annex 1 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004. – Fibre: The same meaning as in point 12 in Annex 1 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council. – Fishery products: The same meaning as in point 3.1 in Annex 1 of Regulation (EU) No 853/2004 of the European Parliament and of the Council. – Whole grain: The whole kernel of grains (endosperm, sprout and bran); the kernel may be ground, crushed or similar but all components of the respective grain shall be included in their entirety. – Prepacked foods: The same meaning as in article 2.2.e of Regulation (EU) No 1169/2011 of the European Parliament and of the Council. – Gluten free: The same meaning as in Article 3.2 of Commission Regulation (EC) No 41/2009 of 20 January 2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten. – Meat: The same meaning as in article 2.1 f of Regulation (EU) No 1169/2011 of the European Parliament and of the Council. – Live mussels: The same meaning as in point 2.1 in Annex 1 of Regulation (EU) No 853/2004 of the European Parliament and of the Council. – Fat spreads and blends: The same meaning as in Appendix II of Annex VII of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in 6 LIVSFS 2015:1 agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007. – Saturated fat: The same meaning as in point 3 in Annex 1 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council. – Novel foodstuffs and foodstuff ingredients: The same meaning as in (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 on novel foodstuffs and foodstuff ingredients. – Unprocessed products: The same meaning as in Article 2(1)(n) of Regulation (EU) No 852/2004 of the European Parliament and of the Council. – Salt: The same meaning as in point 11 in Annex 1 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council. – Grain: wheat, spelt, rye, oats, grain, corn, rice, millet and durum and other Sorghum species. – Flavoured: Addition of flavourings or food ingredients with flavouring properties in accordance the same meaning as provided in Article 3.2 (i) of Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC. – Added sugars: All mono- and disaccharides added during the production of foods. Sugars occurring naturally in honey, fruit drinks, fruit juices and fruit concentrate are also covered. – Trans fat: The same meaning as in point 4 in Annex 1 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council. – Phytosterols, phytosterol esters, phytostanols and phytostanol esters: The same meaning as in point 5 in Annex III of Regulation (EU) No 1169/2011 of the European Parliament and of the Council. (LIVSFS 2015:1). 7 LIVSFS 2015:1 Annex 2 (to LIVSFS 2005:9) Conditions for the following food groups Food Conditions Vegetables, fruit, berries and nuts etc. 1. 1. Potatoes, root vegetables, legumes (excluding peanuts) and other vegetables. The products may be processed. Unprocessed spices are also covered. – maximum added fat content 3 g/100g – a maximum of 20% of the added fat may be saturated fat – maximum added sugars 1 g/100g – maximum salt 0.5 g/100 g 2. Unprocessed fruits and berries. They may, however, have been heat treated. 3. 3. Unprocessed nuts and peanuts. They may, however, have been heat treated. – maximum saturated fat content 10 g/100g Flour, grains and rice etc. 4. Cereal flour, flakes, grains and crushed cereal containing at least 100% whole grain calculated on the basis of the product’s dry matter content, also cereal brands and sprouts. – minimum fibre 6 g/100 g 5. Rice containing at least 100 % whole grain calculated on the basis of the product’s dry matter content. – minimum fibre 3 g/100g 6. Breakfast flakes and muesli containing at least 55 % whole grain calculated on the basis of the product’s dry matter content. Gluten free breakfast flakes and muesli shall contain at least 20 % whole grain calculated on the basis of the product’s dry matter content. – maximum fat content 8 g/100 g – maximum sugars 13 g/100 g, of which a maximum of 9 g/100 g added sugars – minimum fibre 6 g/100 g – maximum salt 1.0 g/100 g 8 LIVSFS 2015:1 Food Conditions Porridge, bread and pasta etc. 7. Porridge and porridge powder prepared in accordance with the manufacturer's instructions, containing at least 55 % whole grain calculated on the basis of the product’s dry matter content. – maximum fat content 4 g/100 g – maximum sugars 5 g/100 g – minimum fibre 1 g/100 g – maximum salt 0.3 g/100 g The conditions refer to the products as ready-to-consume products. 8 a) Soft bread and bread mixes where only liquid and yeast are to be added and bread containing a minimum of 30 % whole grain calculated on the basis of the product's dry matter content. Products in food group 8b) are not covered. Gluten free bread and bread mixes shall contain at least 10 % whole grain calculated on the basis of the product’s dry matter content. – maximum fat content 7 g/100 g – maximum sugars 5 g/100 g – minimum fibre 5 g/100 g – maximum salt 1.0 g/100 g The conditions refer to the products as ready-to-consume products. 8 b) Rye bread, bread mixes and other products based on rye, where only liquid and yeast are to be added. The product shall contain at least 35 % whole grain, calculated on the basis of the product’s dry matter content. The grain element shall contain at least 30% rye. – maximum fat content 7 g/100 g – maximum sugars 5 g/100 g – minimum fibre 6 g/100 g – maximum salt 1.2 g/100 g The conditions refer to the products as ready-to-consume products. 9 LIVSFS 2015:1 Food Conditions 9. Hard bread and crusts containing at least 50% wholegrain calculated on the basis of the product’s dry matter content. Gluten free hard bread and crusts shall contain at least 15 % whole grain calculated on the basis of the product’s dry matter content. – maximum fat content 7 g/100 g – maximum sugars 5 g/100 g – minimum fibre 6 g/100 g – maximum salt 1.3 g/100 g 10. Pasta (without filling) containing at least 50% whole grain calculated on the basis of the product’s dry matter content. Gluten free pasta (without filling) has no whole grain requirements. – minimum fibre 6 g/100 g – maximum salt 0.1 g/100 g The conditions refer to the product's dry matter content. Milk, fermented products and vegetable alternatives etc. 11 a) Milk and equivalent fermented milk products intended as a drink. The products may not be flavoured. Similar lactose free products and lactose free milk drinks are also covered. – maximum fat content 0.7 g/100 g 11 b) Vegetable products intended for the same use as products in food group 11 a). The products may not be flavoured. – maximum fat content 1.5 g/100 g – maximum saturated fat content 33 % of the total fat content – maximum sugars 5 g/100 g – maximum salt 0.1 g/100 g 12 a) Fermented milk products not intended to be drunk. The products may not be flavoured. Similar lactose free products are also covered. – maximum fat content 1.5 g/100 g 10 LIVSFS 2015:1 Food Conditions 12 b) Vegetable products intended for the same use as products in food group 12 a). The products may be flavoured. – maximum fat content 1.5 g/100 g – maximum saturated fat content 33 % of the total fat content – maximum sugars 5 g/100 g – maximum salt 0.1 g/100 g 13 a) Fermented milk products not intended for drinking. The products may be flavoured. Similar lactose-free products are also covered. – maximum fat content 1.5 g/100 g – maximum added sugars 4 g/100 g 13 b) Vegetable products intended for the same use as products in food group 13 a). The products may be flavoured. – maximum fat content 1.5 g/100 g – maximum saturated fat content 33 % of the total fat content – maximum sugars 8 g/100 g – maximum salt 0.1 g/100 g 14 a) Products comprising a mixture of milk and cream, intended as an alternative to cream, or equivalent fermented products. The products must not be flavoured. Equivalent lactose-free products are also covered. – maximum fat content 5 g/100 g 14 b) Products which are wholly or partially of vegetable origin intended for the same use as the products in food group 14 a). The products must not be flavoured. – maximum fat content 5 g/100 g – maximum saturated fat content 33 % of the total fat content – maximum sugars 5 g/100g – maximum salt 0.3 g/100 g 15 a) Products comprising a mixture of milk and cream, intended as an alternative to cream, or equivalent fermented products. The products may be flavoured. Equivalent lactose free products are also covered. – maximum fat content 5 g/100 g – maximum sugars 5 g/100g – maximum salt 0.8 g/100 g 11 LIVSFS 2015:1 Food Conditions 15 b) Wholly or partially vegetable products intended for the same use as the products in food group 15 a). The products may be flavoured. – maximum fat content 5 g/100 g – maximum saturated fat content 33 % of the total fat content – maximum sugars 5 g/100g – maximum salt 0.8 g/100 g Cheese and equivalent vegetable products 16. Cheese. Products in food group 18 are not covered. The products may be flavoured. – maximum fat content 17 g/100 g – maximum salt 1.6 g/100 g 17. Products which are wholly or partially of vegetable origin intended to be used as alternatives to products in food group 16. The products may be flavoured. – maximum fat content 17 g/100 g – maximum saturated fat content 20 % of the total fat content. – maximum salt 1.5 g/100 g 18. Fresh cheese and equivalent products. The products may be flavoured. – maximum fat content 5 g/100 g – maximum salt 0.9 g/100 g – maximum added sugars 1 g/100g Fat spread and oils etc. 19. Fat spreads and blends. The products may be flavoured. – maximum fat content 80 g/100 g – maximum saturated fat content 33 % of the total fat content – maximum salt 1.1 g/100 g 20. Cooking oils, liquid fat spread and liquid blends. The products may be flavoured. – maximum saturated fat content 20 % of the total fat content – maximum salt 1.0 g/100 g Fishery products and products derived from these 21. Fishery products and live mussels. The products may be prepared. 12 LIVSFS 2015:1 Food Conditions 22. Products produced from a minimum of 50% processed fishery products. The products may contain sauce or liquid. The percentage and conditions concern those parts of the product intended for consumption. The products may be coated with breadcrumbs but the cooking instructions must not add fat. 22 a) Products not covered by food groups 22 b-d. – maximum fat other than fish fat 10 g/100 g – maximum sugars 5 g/100g – maximum salt 1.5 g/100g 22 b) Sliced cold cut products. – maximum fat other than fish fat 10 g/100 g – maximum sugars 5 g/100g – maximum salt 2.5 g/100g 22 c) Smoked or marinated fish. – maximum fat other than fish fat 10 g/100 g – maximum sugars 5 g/100g – maximum salt 3.0 g/100g 22 d) Caviare and other tinned fish products. – maximum fat other than fish fat 10 g/100 g – maximum sugars 5 g/100 g – maximum salt 3.0 g/100 g Meat and meat products 23. Unprocessed meat. – maximum fat content 10 g/100 g 24. Products produced from a minimum of 50% meat. For liver pate in food group 24 b) the requirement is a minimum of 35% meat. For products where a minimum 10 % of the raw meat products is replaced by a vegetable product containing protein, the products shall contain at least 40% meat. The products may contain sauce or liquid. The percentage and conditions concern those parts of the product intended for consumption. The products may be coated with breadcrumbs but the preparation instructions must not add fat to the product. 13 LIVSFS 2015:1 Food Conditions 24. a) Raw products made from whole or carved pieces of meat that are surface marinated or seasoned. – The following conditions apply to injection-salted meat. – maximum fat content 10 g/100 g – maximum sugars 3 g/100 g – maximum salt 1.0 g/100 g – maximum fat content 10 g/100 g – maximum sugars 3 g/100 g – maximum salt 0.5 g/100 g 24. b) Raw or ready-to-eat products where minced or ground meat is the main ingredient. The following conditions apply to – sausages, – cold cut sausages, and – ground beef where only salt and water may be added. – maximum fat content 10 g/100 g – maximum sugars 3 g/100 g – maximum salt 1.7 g/100 g – maximum fat content 10 g/100 g – maximum sugars 3 g/100 g – maximum salt 2.0 g/100 g – maximum fat content 10 g/100 g – maximum sugars 3 g/100 g – maximum salt 2.2 g/100 g – maximum fat content 10 g/100 g – maximum sugars 3 g/100 g – maximum salt 1.0 g/100 g 24. c) Ready for consumption or smoked products, where the main ingredient is whole or carved meat not covered by food group 24 b). – The following conditions apply to cold cut products. – maximum fat content 10 g/100 g – maximum sugars 3 g/100 g – maximum salt 2.0 g/100 g – maximum fat content 10 g/100 g – maximum sugars 3 g/100 g – maximum salt 2.5 g/100 g 14 LIVSFS 2015:1 Food Conditions Vegetable products 25. Products consisting where the product has a minimum of 60% vegetable origin. The products must not contain meat or fish products. The percentage and conditions concern those parts of the product intended for consumption. The products may contain sauce or liquid and be coated in breadcrumbs, but the preparation instructions must not prescribe the addition of fat to the product. – maximum fat content 10 g/100 g – maximum saturated fat content 33 % of the total fat content – maximum sugars 3 g/100 g – maximum salt 1.0 g/100 g Ready meals etc. 26. Ready meals (with the exception of products in the food groups 27-31) intended to constitute an entire meal containing protein, carbohydrates, vegetables, fruit or berries, containing – 400-750 kcal (1670-3140 kJ) per portion and – at least 28 g root vegetables, leguminous plants (excluding peanuts) and other vegetables (excluding potatoes) or fruit and berries per 100 g of the product. Any grain element shall satisfy the whole grain condition in the food group in question. If gluten-free pasta is included, the fibre condition in food group 10 will apply. – a maximum of 33 % of the energy content may come from fat – if fish with a fat content greater than 10% is included, a maximum of 40% of the energy content may be fat – maximum saturated fat content 10 % of the energy content – maximum added sugars 3 g/100 g – maximum salt 0.8 g/100 g, but a maximum of 3.5 g salt per portion 15 LIVSFS 2015:1 Food Conditions 27. Pasties, pizzas and other non dessert pies, grain-based, and containing – a minimum of 250 kcal (1050 kJ) per portion and – at least 28 g root vegetables, leguminous plants (excluding peanuts) and other vegetables (excluding potatoes) or fruit and berries per 100 g of the product. The grain element shall contain at least 30 % whole grain, calculated on the basis of the product’s dry matter content. If a gluten free grain element is included, it shall contain at least 10 % whole grain calculated on the basis of the product’s dry matter content. – a maximum of 33 % of the energy content may come from fat – if fish with a fat content greater than 10% is included, a maximum of 40% of the energy content may be fat – maximum saturated fat content 10 % of the energy content – maximum added sugars 3 g/100g – maximum salt 1.0 g/100 g 28. Sandwiches, baguettes, wraps and similar products, based on grain that contains – a minimum of 150 kcal (630 kJ) per portion and – at least 25 g root vegetables, leguminous plants (excluding peanuts) and other vegetables (excluding potatoes) or fruit and berries per 100 g of the product. The grain element shall contain at least 30 % whole grain, calculated on the basis of the product’s dry matter content. If a gluten free grain element is included, it shall contain at least 10 % whole grain calculated on the basis of the product’s dry matter content. – a maximum of 33 % of the energy content may come from fat – if fish with a fat content greater than 10% is included, a maximum of 40% of the energy content may be fat – maximum saturated fat content 10 % of the total fat content – maximum added sugars 3 g/100 g – maximum salt 0.9 g/100 g 16 LIVSFS 2015:1 Food Conditions 29. 29. Soups with meat and fish (ready-to eat products made in accordance with preparation instructions) that contain – a minimum of 100 kcal (420 kJ) per portion and – at least 28 g root vegetables, leguminous plants (excluding peanuts) and other vegetables (excluding potatoes) or fruit and berries per 100 g of the product. Any grain element shall satisfy the whole grain condition in the food group in question. If gluten free pasta is included, the fibre condition in food group 10 will apply. – a maximum of 33 % of the energy content may come from fat – if fish with a fat content greater than 10% is included, a maximum of 40% of the energy content may be fat. – maximum added sugars 3 g/100 g – maximum salt 0.8 g/100 g, but a maximum of 2.5 g per portion 30. Soups not containing fish and meat (ready-to-eat products and products to be made in accordance with preparation instructions) that contain – a minimum of 100 kcal (420 kJ) per portion and – at least 50 g root vegetables, leguminous plants (excluding peanuts) and other vegetables (excluding potatoes) or fruit and berries per 100 g of the product. Any grain element shall satisfy the whole grain condition in the food group in question. If gluten free pasta is included, the fibre condition in food group 10 will apply. – a maximum of 33 % of the energy content may come from fat – maximum added sugars 3 g/100 g – maximum salt 0.8 g/100 g, but a maximum of 2.5 g per portion 17 LIVSFS 2015:1 Food Conditions 31. Ready meals that do not constitute a complete meal and are not covered by food groups 26-30. The dish shall contain – a minimum of 100 kcal (420kJ) per portion, and – at least 50 g root vegetables, leguminous plants (excluding peanuts) and other vegetables (excluding potatoes) or fruit and berries per 100 g of the product. Any grain element shall satisfy the whole grain condition in the food group in question. If gluten free pasta is included, the fibre condition in food group 10 will apply. – a maximum of 33 % of the energy content may come from fat – if fish with a fat content greater than 10% is included, a maximum of 40% of the energy content may be fat – maximum saturated fat content 10 % of the total fat content – maximum added sugars 3 g/100 g – maximum salt 0.8 g/100 g, but a maximum of 2.5 g per portion Dressings and sauces 32. Dressings of oil and vinegar. The products may be flavoured. – maximum saturated fat content 20 % of the total fat content – maximum sugars 5 g/100 g – maximum salt 0.8 g/100 g 33. Sauces (both ready-made sauces and products that must be prepared in accordance with the preparation instructions). – maximum fat content 5 g/100 g – maximum saturated fat content 33 % of the total fat content – maximum sugars 5 g/100 g – maximum salt 0.8 g/100 g The conditions refer to the product as ready-to-consume.