Regulations on the Provision of Food Information to Consumers

Please note that you are solely responsible for ensuring that your offers meet the legal requirements. VegaVend cannot provide any legal advice. If you are unsure about the information that you need to provide for your product, or if you have any other questions about the legal requirements, we strongly recommend that you seek independent legal advice.

Introduction

EU Requirements

All food items sold on VegaVend websites in Europe must comply with The European Food Information for Consumers Regulation. (Refer to EU FIC, 1169/2011/EC.) This legislation sets out the mandatory labelling requirements for food.

For distance selling (e.g. selling goods online), mandatory information needs to be provided both at the point of sale (product detail page on VegaVend) and at point of delivery (when goods are received by the customer). With regard to the information provided at point of sale, this can be through clear images of the product itself and/or through text on the product detail page (images and product detail page information must not contradict each other). If you have an active offer on any food product, it is your responsibility to ensure that this information is present, correct and up-to-date at all times.

See below an overview of the key requirements for the labelling of pre-packed food. Ensure that you have read the legislation and complied with all relevant requirements. This guide does not constitute legal advice.

UK Requirements

From 1 January 2021, an amended version of the EU FIC applies to the sale of food products in the UK as a result of the Food (Amendment) (EU Exit) Regulations 2019/529. Different rules apply to goods you sell in:

1. 1. Great Britain (England, Scotland and Wales)

1. 1. Northern Ireland

For distance selling (e.g. selling goods online), mandatory information needs to be provided both at the point of sale (product detail page) and at point of delivery (when goods are received by the customer). With regards to the information provided at point of sale, this can be through clear images of the product itself and/or through text on the product detail page (images and product detail page information must not contradict each other).

See below overview of the key UK requirements for the labelling of pre-packed food.

Ensure that you have read both the EU and UK legislation and complied with all relevant requirements. This material is for informational purposes only. It is not intended as legal advice. We encourage you to review the EU and UK legislation and consult your legal counsel if you have questions about the laws and regulations concerning your product. This material only reflects the position at the date of writing and requirements in the EU and/or UK may change. You should refer to current UK Brexit guidance about your products (where available) to learn more about the changes that may affect you from 1 January 2021.

EU Requirements- Scope

Food (or foodstuff) means any substance or product, whether processed, partially processed or unprocessed, intended to be, or reasonably expected to be ingested by humans.

Please see below some examples of foods include:

• • Infant milk formulas and weaning foods

• • Baking and cooking supplies

• • Beverages (including Beers, Wines and Spirits)

• • Ready-made meals

• • Meal replacements

• • Canned goods

• • Cereals

• • Condiments and spreads

• • Food supplements (including ‘health’, ‘nutritional’, ‘dietary’ and ‘beauty’ supplements)

• • Gift baskets & hampers

• • Pasta & grains

• • Snacks & desserts

• • Liquids (e.g. drinkable supplements, soups etc.)

Note that there are additional requirements in relation to certain other foods, including:

• • Food supplements (Directive 2002/46/EC)

• • Meal replacements

• • Infant formula

• • Jam (Directive 2011/113/EC)

• • Fish (Regulation (EU) No 1379/2013)

• • Honey (Directive 2001/110/EC)

• • Coffee (Directive 1999/4/EC)

• • Chocolate (Directive 2000/36/EC)

• • Fruit juices (Directive 2001/112/EC)

• • Mineral water

• • Beef & Veal (Regulation (EU) 1825/2000)

• • Foods containing or produced from GMOs (Regulation (EU) 1830/2003)

• • Beer, Wine & Spirits products

Pre-packed products

This guidance is applicable to pre-packed foods. Pre-packed products are foods that have been put into packaging before putting on sale and cannot be altered without opening or changing the packaging. For example, frozen food, tinned fruit and cupboard staples such as cereals and biscuits.

Mandatory requirements for both website and prepacked items

Depending on the nature of the product, some information is mandatory to be provided on the product label. Please see below for more detailed information on the applicable requirements.

The following product information must be displayed on the detail pages and/or on the Physical Label of pre-packed products in the language applicable to the country in which the product is sold (Germany: German; France: French etc). Information must be conspicuous, legible and adhere to font size requirements.

Please see below a few exceptions, applicable either for the product label or the detail page or both:

*Exceptions to the durability indication requirement on the pre-packed products exist for the products below, where a LOT number may be included instead:

• • Fresh fruits and vegetables which have not been peeled, cut or similarly treated (except for sprouting seeds and similar products, like legume sprouts)

• • Wines, liqueur wines, sparkling wine and similar products made from fruits other than grape musts

• • Drinks containing 10% or more alcohol by volume

• • Bakers’ or pastry-cooks’ wares

• • Bakers’ ware or fresh pastry products which are normally consumed within 24 hours from their manufacturer

• • Vinegar

• • Cooking salt

• • Solid sugar

• • Confectionery products consisting almost solely of flavoured and/or coloured sugars

• • Chewing gums and similar chewing products

*Exceptions from mandatory labelling of list of the ingredients (Art. 19 of FIC Regulation) exist (for example) for the following foods:

• • Fresh fruits and vegetables, which are not peeled or cut

• • Carbonated water

• • Fermentation vinegars derived from single basic products and with no other ingredients added

• • Cheese, butter, fermented milk and cream when no other ingredients than lactic products, food enzymes, microorganism cultures and salt have been added

• • Mono-ingredient products when the name of the food is identical to the ingredient name (e.g. wheat flour, rice)

*Exceptions from the mandatory labelling of the nutritional declaration (Annex V of FIC Regulation) exist for the following foods:

• • Unprocessed food products made of one ingredient or one ingredient category

• • Processed food products made of one ingredient or one ingredient category, which processing was maturing only

• • Waters, including those where carbon dioxide and/or flavourings have been added

• • Herb and mixtures of herbs

• • Salt and salt substitutes

• • Coffee, coffee beans, instant and soluble coffee (also decaffeinated)

• • Herbal and fruit infusions, tea, decaffeinated tea, instant or soluble tea or tea extract, decaffeinated instant or soluble tea or tea extract where no other ingredients than flavourings, which do not influence nutritional values, has been added

• • Fermented vinegars and substitutes for vinegar, including those where the only added ingredients are flavourings

• • Flavourings

• • Food additives

• • Processing aids

• • Food enzymes

• • Gelatine

• • Jam setting compound

• • Yeast

• • Chewing gums

Note: These general rules are in addition to the existing specific rules for particular foods such as jam, fish, honey, coffee, chocolate, fruit juices, mineral water, beef & veal.

Allergen labelling

Ingredients identified as allergenic should be highlighted in the list of ingredients.

The below ingredients are allergens. If a food contains any of these allergens, they have to be highlight by means of a distinguishing typeset (for example all in capital letters etc.).

Please see below a list of all substances or products causing allergies or intolerances as stated in Annex II of 1169/2011/EC:

Additional information for the Nutritional declaration

• • Cereals containing gluten, namely: wheat, rye, barley, oats, spelt, kamut or their hybridised strains and products thereof (except: wheat based glucose syrups including dextrose; wheat based maltodextrins; glucose syrups based on barley; cereals used for making alcoholic distillates including ethyl alcohols)

• • Crustaceans and products thereof

• • Eggs and products thereof

• • Fish and products thereof (except: fish gelatine used as carrier for vitamin or carotenoid preparations; fish gelatine or Isinglass used as fining agent in beer and wine)

• • Peanuts and products thereof

• • Soybeans and products thereof (except: fully refined soybean oil and fat; natural mixed tocopherols (E306), natural D-alpha tocopherol, natural Dalpha tocopherol acetate and natural D-alpha tocopherol succinate from soybean sources; vegetable oils derived phytosterols and phytosterol esters from soybean sources; plant stanol ester produced from vegetable oil sterols from soybean sources)

• • Milk and products thereof (including lactose / except: whey used for making alcoholic distillates including ethyl alcohol; lactitol)

• • Nuts, namely: almonds, hazelnuts, walnuts, cashews, , pecan nuts, Brazil nuts, pistachio nuts, macadamia or Queensland nuts and products thereof (except: nuts used for making alcoholic distillates including ethyl alcohol)

• • Celery and products thereof

• • Mustard and products thereof

• • Sesame seeds and products thereof

• • Sulphur dioxide and sulphites at concentrations of more than 10 mg/kg or 10 mg/litre for total SO2 in products ready for consumption

• • Lupin and products thereof

• • Molluscs and products thereof

Country of Origin

This is a mandatory label requirement for some products such as: beef, honey, fruit, vegetables, fish and olive oil. Please see below further explanations:

• • Unprocessed meat from cows, pigs, sheep, goats, and poultry must show ‘reared in’ and ‘slaughtered in’.

• • Country of origin must be shown where failure to do so would be misleading e.g. ‘real taste of Italy’ made in France.

• • Where the country of origin or the place of provenance of a food is given and where it is not the same as that of its primary ingredient, the country of origin/place of provenance of the primary ingredient must be given e.g., produced in France from Danish ham.

• • According to EU Regulation 2011/1169, you must provide the exact country of origin for the product, which can only be one country. However, as certain products can be seasonal the origin might change, or perhaps products sourced from different places during the year. The main objective is to provide the customer with clear information on where the product has come from at the point of sale, which must not be misleading. If there are multiple countries of origin applicable to one product, it is best to keep all possible countries of origin on the product detail page. However, include a statement to explain that the origin might vary due to seasonal changes, or whatever the reason is that the origin cannot be definitive. It is important that the country of origin for that specific product is correctly labelled on the product when the product is delivered to the customer.

• • Please be aware that VegaVend’s current worldwide business policy restricts the sale of products from certain countries. More information can be found under the bullet point “Products from restricted countries and regions” here.

Claims

Claims on food products must not be false, ambiguous or misleading and should comply with the relevant requirements.

In general, claims for foods must not be false, ambiguous or misleading about:

• • Quality or size

• • Price

• • Ingredients

• • Date, place and method of manufacture

• • Efficiency (what you say the food can do)

• • The people or organizations that endorse it

Claims stating that food or its ingredient can help treat prevent or cure a disease or adverse condition is prohibited, as these would be considered medicinal claims and therefore would no longer be considered to be a food product. See the health claims section below for more information.

In addition, you can use only nutrition and health claims approved under EU Regulation (EC) No 1924/2006.

Nutrition claims

A nutrition claim is any claim that states, suggests or implies that a food has particular beneficial nutritional properties due to the presence, absence, increased or reduced levels of energy or of a particular nutrient or other substance. Nutrition claims provide information about the nutritional composition of the food. For example: ‘source of calcium’, ‘low fat’, and ‘high fibre’ and ‘reduced salt’.

Only nutrition claims listed in the Annex to the EU Regulation (EC) No 1924/2006 can be made in relation to food and only if the product meets the specific conditions of use for that claim. For example, ‘low fat’ can only be made on products containing no more than 3g of fat per 100g for solids. Click here for more information link.

Health claims

A health claim is any claim that states, suggests or implies that a relationship exists between a food category, a food or one of its ingredients and health. Only health claims authorised by the European Food Safety Authority (EFSA) and the Commission are permitted. The EU Register contains a list of specific health claims and the outcome of their assessment (whether authorised or not) as well as their conditions of use. An example of a specific health claim would be ‘calcium helps maintain normal bones’. Generic and non-specific claims, such as ‘good for you’ or ‘healthy’ might be allowed if they are accompanied by a relevant specific authorised health claim listed in the EU Register, provided they meet the specific conditions of use.

Health claims cannot:

• • False, ambiguous, or misleading

• • Imply that health could be affected by not consuming the food.

• • Make reference to the rate or amount of weight loss.

• • Make reference to recommendations of individual doctors or health professionals.

• • Encourage or condone excess consumption of a food.

• • Imply that a balanced diet cannot provide the necessary nutrients.

• • Induce doubt around the safety and/or nutritional adequacy of other foods.

• • Refer to changes in bodily functions which could give rise to or exploit fear in the consumer.

Nutrition and health claims are only permitted if the average consumer can be expected to understand the beneficial effects as expressed in the claim. As mentioned above, if general wellbeing claims are used (such as ‘superfoods’, ‘good for you’), then these must be accompanied by a specific health claim, i.e., you need to explain why it is considered a ‘superfood’. For example, Mackerel, as part of a healthy balanced diet, can be considered a superfood because it is a source of Omega-3 fatty acids. The claim could therefore state: ‘Omega 3 fatty acids EPA and DHA contribute to normal heart function’ however, should be accompanied by explaining where the Omega 3 comes from ‘contains x mg of eicosapentaenoic acid and docosahexaenoic acid per 100 g’. To use this health claim, you also need to tell the customer that the beneficial effect is obtained with a daily intake of 250mg EPA and DHA.

Further detailed explanation on labelling for detail page and the product label:

How should I label the pictures of my products

The main images that should be provided and name tagged as such are highlighted in bold below:

1. 1. MAIN: Front of Pack Image

1. 1. PT01: Back of Pack Image

1. 1. PT02: Left Panel Image

1. 1. PT03: Right Panel Image

1. 1. PT04: Top of Pack Image

1. 1. PT05: Bottom of Pack Image

1. 1. FACT: Nutrition Information Image

1. 1. INGR: Ingredients Image

1. 1. PT12: Scale Image

1. 1. DTLS: When applicable for Multipacks (see Sellable vs Non Sellable Singles)

How should I fill out the Flat file?

The inventory file templates (flat files) for ‘Food and Beverages’ and ‘Health and Personal Care’ contain specific attributes that should be used to provide (additional) food information. Please use the latest version of the inventory file template for “Food and Beverages” or “Health and Personal Care” to ensure information provided is the most up-to-date. For example for “Dietary Supplements” products, please use the flat file for “Health and Personal Care” and choose the feed product type “dietary supplements”. You can download the latest version of the complete file here.

Please note that you are solely responsible for ensuring that your offers meet the legal requirements. VegaVend cannot provide any legal advice. If you are unsure about the information that you need to provide for your product, or if you have any other questions about the legal requirements, we strongly recommend that you seek independent legal advice. Please also note that in addition to the Regulation (EU) No. 1169/2011, labelling requirements from other regulation could apply to your product.

Information on food products must always be provided in the language of the marketplace where the product is offered. In general, information on the product detail page must match information on the product packaging completely to be compliant.

*please note that for some attributes only specific values can be used

Please note that you are solely responsible for ensuring that your offers meet the legal requirements. VegaVend cannot provide any legal advice. If you are unsure about the information that you need to provide for your product, or if you have any other questions about the legal requirements, we strongly recommend that you seek independent legal advice.

Additional information for the Nutritional declaration

In addition to the mandatory nutrition declaration mentioned, other nutrients may be included, such as vitamins and minerals. The nutrient should always be accompanied by the percentage of the Nutrient Reference Value (%NRV). Vitamins and minerals can only be listed, if present in a significant amount. Only Vitamin and Mineral substances listed in the Directive 2002/46/EC and amendments thereof can be used in the manufacture of food supplements.

A significant amount is defined as:

• • 7.5% of the nutrient reference is present in 100 ml product for beverages

• • 15% of the nutrient reference is present in 100 g or 100 ml product for all other products

• • 15% of the nutrient reference values present per portion if the package contains only a single portion

See the table below for an overview of the attributes that can be added to the nutritional values:

Additional information

For more information, refer to:

• • Food Items

• • Organic food, organic feed and organic pet food

• • Food Supplements

Example of external service providers:

UK Requirements- Scope

The UK Regulations apply to all products sold in the UK, but the provisions apply differently to Great Britain (England, Scotland and Wales, “GB”) and Northern Ireland. You can read more about the position in Northern Ireland (“NI”) below. Food (or foodstuff) means any substance or product, whether processed, partially processed or unprocessed, intended to be, or reasonably expected to be ingested by humans. See below some examples of foods included:

• • Infant milk formulas and weaning foods

• • Baking and cooking supplies

• • Beverages (including Beers, Wines and Spirits)

• • Ready-made meals

• • Meal replacements

• • Canned goods

• • Cereals

• • Condiments and spreads

• • Food supplements (including ‘health’, ‘nutritional’, ‘dietary’ and ‘beauty’ supplements)

• • Gift baskets & hampers

• • Pasta & grains

• • Snacks & desserts

• • Liquids (e.g. drinkable supplements, soups etc.)

Note that there are additional requirements in relation to certain other foods, including:

• • Food supplements (Directive 2002/46/EC) (Food Supplement (England) Regulations 2003 (as amended) and equivalent regulations in Wales Scotland and Northern Ireland)

• • Meal replacements

• • Infant formula

• • Jam (Jam and Similar Products (England) Regulations 2003 and equivalent regulations in Wales, Scotland and Northern Ireland)

• • Fish (Regulation (EU) No 1379/2013 as retained and amended by UK legislation via the Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019/739)

• • Honey (Honey (England) Regulations 2015 and equivalent regulations in Wales, Scotland and Northern Ireland)

• • Coffee (Coffee Extracts and Chicory Extracts (England) Regulations 2001 and equivalent regulations in Wales, Scotland and Northern Ireland)

• • Chocolate (Cocoa and Chocolate Products (England) Regulations 2003 and equivalent regulations in Wales, Scotland and Northern Ireland)

• • Fruit Juices (Fruit Juices and Fruit Nectars (England) Regulations 2013 and equivalent regulations in Wales, Scotland and Northern Ireland)

• • Chocolate (Directive 2000/36/EC)

• • Fruit juices (Directive 2001/112/EC)

• • Mineral water

• • Beef & Veal (Regulation (EU) 1825/2000 as retained and amended by UK legislation)

• • Foods containing or produced from GMOs (Regulation (EU) 1830/2003 as retained and amended by UK legislation via the Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019/90)

• • Beer, Wine & Spirits products

Pre-packed products

This guidance is applicable to pre-packed foods. Pre-packed products are foods that have been put into packaging before putting on sale and cannot be altered without opening or changing the packaging. For example, frozen food, tinned fruit, and cupboard staples such as cereals and biscuits.

Depending on the nature of the product, some information is mandatory to be provided on the product label. Please see below for more detailed information on the applicable requirements.

The following product information must be displayed on the detail pages and/or on the Physical Label of pre-packed products in English. Information must be conspicuous, legible, and adhere to font size requirements.

Please see below a few exceptions, applicable either for the product label or the detail page or both:

*Exceptions to the durability indication requirement on the pre-packed products exist for the products below, where a LOT number may be included instead:

• • Fresh fruits and vegetables which have not been peeled, cut or similarly treated (except for sprouting seeds and similar products, like legume sprouts)

• • Wines, liqueur wines, sparkling wine and similar products made from fruits other than grape musts

• • Drinks containing 10% or more alcohol by volume

• • Bakers’ or pastry-cooks’ wares which are normally consumed within 24 hours of manufacture

• • Vinegar

• • Cooking salt

• • Solid sugar

• • Confectionery products consisting almost solely of flavoured and/or coloured sugars

• • Chewing gums and similar chewing products

*Exceptions from mandatory labelling of list of the ingredients (Art. 19 of FIC Regulation) exist, for example for the following foods:

• • Fresh fruits and vegetables, which are not peeled or cut

• • Carbonated water

• • Fermentation vinegars derived from single basic products and with no other ingredients added

• • Cheese, butter, fermented milk and cream when no other ingredients than lactic products, food enzymes, microorganism cultures and salt have been added

• • Mono-ingredient products when the name of the food is identical to the ingredient name (e.g. wheat flour, rice)

*Exceptions from the mandatory labelling of the nutritional declaration (Annex V of FIC Regulation) exist for the following foods:

• • Unprocessed food products made of one ingredient or one ingredient category

• • Processed food products made of one ingredient or one ingredient category, which processing was maturing only

• • Waters, including those where carbon dioxide and/or flavourings have been added

• • Herb and mixtures of herbs

• • Salt and salt substitutes

• • Coffee, coffee beans, instant and soluble coffee (also decaffeinated)

• • Herbal and fruit infusions, tea, decaffeinated tea, instant or soluble tea or tea extract, decaffeinated instant or soluble tea or tea extract where no other ingredients than flavourings, which do not influence nutritional values, has been added

• • Fermented vinegars and substitutes for vinegar, including those where the only added ingredients are flavourings

• • Flavourings

• • Food additives

• • Processing aids

• • Food enzymes

• • Gelatine

• • Jam setting compound

• • Yeast

• • Chewing gums

Note: These general rules are in addition to the existing specific rules for particular foods such as jam, fish, honey, coffee, chocolate, fruit juices, mineral water, beef & veal.

Allergen labelling

Ingredients identified as allergenic should be highlighted in the list of ingredients.

The below ingredients are allergens. If a food contains any of these allergens, they have to be highlight by means of a distinguishing typeset (for example all in capital letters etc.).

Please see below a list of all substances or products causing allergies or intolerances as stated in Annex II of 1169/2011/EC (as retained and amended by UK law):

• • Cereals containing gluten, namely: wheat, rye, barley, oats, spelt, kamut or their hybridised strains and products thereof (except: wheat based glucose syrups including dextrose; wheat based maltodextrins; glucose syrups based on barley; cereals used for making alcoholic distillates including ethyl alcohols)

• • Crustaceans and products thereof

• • Eggs and products thereof

• • Fish and products thereof (except: fish gelatine used as carrier for vitamin or carotenoid preparations; fish gelatine or Isinglass used as fining agent in beer and wine)

• • Peanuts and products thereof

• • Soybeans and products thereof (except: fully refined soybean oil and fat; natural mixed tocopherols (E306), natural D-alpha tocopherol, natural Dalpha tocopherol acetate and natural D-alpha tocopherol succinate from soybean sources; vegetable oils derived phytosterols and phytosterol esters from soybean sources; plant stanol ester produced from vegetable oil sterols from soybean sources)

• • Milk and products thereof (including lactose / except: whey used for making alcoholic distillates including ethyl alcohol; lactitol)

• • Nuts, namely: almonds, hazelnuts, walnuts, cashews, , pecan nuts, Brazil nuts, pistachio nuts, macadamia or Queensland nuts and products thereof (except: nuts used for making alcoholic distillates including ethyl alcohol)

• • Celery and products thereof

• • Mustard and products thereof

• • Sesame seeds and products thereof

• • Sulphur dioxide and sulphites at concentrations of more than 10 mg/kg or 10 mg/litre for total SO2 in products ready for consumption

• • Lupin and products thereof

• • Molluscs and products thereof

Country of Origin

This is a mandatory label requirement for some products such as: beef, honey, fruit, vegetables, fish and olive oil. Please see below further explanations:

• • Unprocessed meat from cows, pigs, sheep, goats, and poultry must show ‘reared in’ and ‘slaughtered in’.

• • Country of origin must be shown where failure to do so would be misleading e.g. ‘real taste of Italy’ made in France.

• • Where the country of origin or the place of provenance of a food is given and where it is not the same as that of its primary ingredient, the country of origin/place of provenance of the primary ingredient must be given e.g., produced in France from Danish ham.

• • According to EU Regulation 2011/1169 (as retained and amended by UK law), you must provide the exact country of origin for the product, which can only be one country. However, as certain products can be seasonal the origin might change, or perhaps products sourced from different places during the year. The main objective is to provide the customer with clear information on where the product has come from at the point of sale, which must not be misleading. If there are multiple countries of origin applicable to one product, it is best to keep all possible countries of origin on the product detail page. However, include a statement to explain that the origin might vary due to seasonal changes, or whatever the reason is that the origin cannot be definitive. It is important that the country of origin for that specific product is correctly labelled on the product when the product is delivered to the customer.

• • Please be aware that VegaVend’s current worldwide business policy restricts the sale of products from certain countries. More information can be found under the bullet point “Products from restricted countries and regions” here.

Claims

Claims on food products must not be false, ambiguous or misleading and should comply with the relevant requirements.

In general, claims for foods must not be false, ambiguous or misleading about:

• • Quality or size

• • Price

• • Ingredients

• • Date, place and method of manufacture

• • Efficiency (what you say the food can do)

• • The people or organizations that endorse it

It is also prohibited to make claims that food or its ingredient can help treat prevent or cure a disease or adverse condition.

In addition, only nutrition and health claims that have been approved under EU Regulation (EC) No 1924/2006 (as retained and amended by UK legislation via the Nutrition (Amendment etc.) (EU Exit) Regulations 2019/651) on nutrition and health claims made on food can be used on the label and detail page under.

Nutrition claims

A nutrition claim is any claim that states, suggests or implies that a food has particular beneficial nutritional properties due to the presence, absence, increased or reduced levels of energy or of a particular nutrient or other substance. Nutrition claims provide information about the nutritional composition of the food. For example: ‘source of calcium’, ‘low fat’, and ‘high fibre’ and ‘reduced salt’.

Only nutrition claims listed in the Annex to the EU Regulation (EC) No 1924/2006 can be made in relation to food and only if the product meets the specific conditions of use for that claim. For example, ‘low fat’ can only be made on products containing no more than 3g of fat per 100g for solids. Click here for more information here.

Health claims

A health claim is any claim that states, suggests or implies that a relationship exists between a food category, a food or one of its ingredients and health. Only health claims authorised by the relevant authority as listed below are permitted:

• • England: Secretary of State for Health and Social Care

• • Scotland: Scottish Ministers

• • Wales: Welsh Ministers

• • Northern Ireland: the Department of Health

From 1 January 2021, a register is maintained by the UK authorities containing a list of specific health claims and the outcome of their assessment (whether authorised or not) as well as their conditions of use.

Health claims cannot:

• • False, ambiguous, or misleading

• • Imply that health could be affected by not consuming the food.

• • Make reference to the rate or amount of weight loss.

• • Make reference to recommendations of individual doctors or health professionals.

• • Encourage or condone excess consumption of a food.

• • Imply that a balanced diet cannot provide the necessary nutrients.

• • Induce doubt around the safety and/or nutritional adequacy of other foods.

• • Refer to changes in bodily functions which could give rise to or exploit fear in the consumer.

Nutrition and health claims are only permitted if the average consumer can be expected to understand the beneficial effects as expressed in the claim. As mentioned above, if general wellbeing claims are used (such as ‘superfoods’, ‘good for you’), then these must be accompanied by a specific health claim, i.e., you need to explain why it is considered a ‘superfood’. For example, Mackerel, as part of a healthy balanced diet, can be considered a superfood because it is a source of Omega-3 fatty acids. The claim could therefore state: ‘Omega 3 fatty acids EPA and DHA contribute to normal heart function’ however, should be accompanied by explaining where the Omega 3 comes from ‘contains x mg of eicosapentaenoic acid and docosahexaenoic acid per 100 g’. To use this health claim, you also need to tell the customer that the beneficial effect is obtained with a daily intake of 250mg EPA and DHA.

Further detailed explanation on labelling for detail page and the product label:

How should I label the pictures of my products

Mandatory food information should be present on the detail page in either text or image form. Where images are used to convey mandatory information, ensure the main images (highlighted in CAPS) are present and tagged with the correct label, for example, INGR for an ingredients image:

1. 1. MAIN: Front of Pack Image

1. 1. PT01: Back of Pack Image

1. 1. PT02: Left Panel Image

1. 1. PT03: Right Panel Image

1. 1. PT04: Top of Pack Image

1. 1. PT05: Bottom of Pack Image

1. 1. FACT: Nutrition Information Image

1. 1. INGR: Ingredients Image

1. 1. PT12: Scale Image

1. 1. DTLS: When applicable for Multipacks (see Sellable vs Non Sellable Singles)

How should I fill out the Flat file?

The inventory file templates (flat files) for ‘Food and Beverages’ and ‘Health and Personal Care’ contain specific attributes that should be used to provide (additional) food information. Please use the latest version of the inventory file template for “Food and Beverages” or “Health and Personal Care” to ensure information provided is the most up-to-date. For example for “Dietary Supplements” products, please use the flat file for “Health and Personal Care” and choose the feed_product_type “dietary supplements”. You can download the latest version of the complete file.

Please note that you are solely responsible for ensuring that your offers meet the legal requirements. VegaVend cannot provide any legal advice. If you are unsure about the information that you need to provide for your product, or if you have any other questions about the legal requirements, we strongly recommend that you seek independent legal advice. Please also note that in addition to the Regulation (EU) No. 1169/2011, (as retained and amended by UK law), labelling requirements from other regulation could apply to your product.

Information on food products must always be provided in the language of the marketplace where the product is offered. In general, information on the product detail page must match information on the product packaging completely, in order to be compliant.

*Please note that for some attributes only specific values can be used

Please note that you are solely responsible for ensuring that your offers meet the legal requirements. VegaVend cannot provide any legal advice. If you are unsure about the information that you need to provide for your product, or if you have any other questions about the legal requirements, we strongly recommend that you seek independent legal advice.

Additional information for the Nutritional declaration

In addition to the mandatory nutrition declaration mentioned, other nutrients may be included, such as vitamins and minerals. The nutrient should always be accompanied by the percentage of the Nutrient Reference Value (%NRV). Vitamins and minerals can only be listed, if present in a significant amount. Only Vitamin and Mineral substances listed in the Directive 2002/46/EC and amendments thereof can be used in the manufacture of food supplements.

A significant amount is defined as:

• • 7.5% of the nutrient reference is present in 100ml product for beverages

• • 15% of the nutrient reference is present in 100g or 100ml product for all other products

• • 15% of the nutrient reference values present per portion if the package contains only a single portion

See the table below for an overview of the attributes that can be added to the nutritional values:

Northern Ireland

Please note that different rules will apply in Northern Ireland (NI) from 1 January 2021 as a result of the Northern Ireland Protocol. In particular:

• • You should ensure that products sold in NI meet EU requirements.

• • You are an importer if you are established in the EU or NI and you sell products from a country outside of the EU and Northern Ireland (including from GB) into NI. Products sold in NI should be marked with details of any EU / NI based importer.

• • “Qualifying Northern Ireland goods” can be sold in GB with the CE mark. The UK Government is issuing guidance on how this will work.

The relevant authority for authorising health claims in Northern Ireland is the Department of Health.

BREXIT: UK Government Guidance

The UK Government has released guidance on selling products in GB and NI from 1 January 2021. We encourage you to visit the following UK government website for guidance on changes that may affect you from 1 January 2021: The UK transition

Additional information

For more information, refer to:

• • Food Items

• • Organic food, organic feed and organic pet food

• • Food Supplements

Example of external service providers:

Frequently asked Questions:

1. How many images can I upload?

As well as the “Main Image” which displays the front side of the product, you can upload 8 additional images to display alternative views of the product packaging.

2. I am selling dietary supplements that have nutrition facts such as “per two capsules”. I can’t enter this into “serving_size” attribute – what can I do?

The “serving_size” attribute currently only supports weight values but no values such as “capsules” or “tablespoons” etc. We recommend that you add such information to the product_description field or upload additional images that show the information printed on the product packaging.

3. Why do many attributes now end with “_string”, e.g. “protein_per_serving_string”?

In older versions of the inventory file templates (flat files), nutrition fact attributes were in numeric format. With the latest update (version 14.1202), existing attributes have been changed and new attributes have been added in string-format. E.g. protein_per_serving“ has changed to protein_per_serving_string”. The new string attributes support symbols such as “>” and “<” that you may need to use define nutrition facts.

4. I am missing the unit_of_measure attributes in the new flat file – why did they disappear?

As per the new legislation, nutrition facts need to be provided in pre-defined units of measure, if applicable. For example, protein must be provided in grams. Please enter only the amount and, if applicable, a pre-sign such as “<”. “Grams” will be added automatically on the product detail page.

5. How should I highlight allergens in the ingredients list?

If you want to highlight allergens in the ingredients list, we recommend that you use capital letters, for example, “MILK”. Please do not use HTML or other formatting as it cannot be processed.