December 13’s FIR phase two deadline is approaching rapidly. As you can imagine, we’ve been pretty busy with Infood.
But did you know that if you are small enough and operate locally, you might be exempt from FIR phase 2’s requirements to provide nutritional information on your labels and packaging?
On September 29, the Department of Health updated its Technical Guidance to Nutritional Labelling to include a rather important clarification. This concerned Annex V of the original EU 1169 FIC legislation, which listed foods that are exempt from the new rules about nutritional information.
Annex V included “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 EU let individual member states interpret their own definitions of “local” and “small” and September’s updated guidance finally gave us both.
The guidance document now says:
“We interpret ‘manufacturer of small quantities’ to be a micro business under the EU and UK definition: less than 10 employees and a turnover/balance sheet total of less than €2m (£1.4m).
“We interpret ‘local’ retail establishments to be those in the same county as the manufacturer or in an adjoining county or counties, provided this is no more than 30 miles (50 kilometres) from the border of county the manufacturer is in.”
“Food from manufacturers meeting the definition of a micro business, supplied direct to the consumer (including distance sales, e.g. internet sales), need not have 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 direct to the consumer, need not have nutrition labelling under this exemption.”
We believe that this will let some smaller wholesalers and even retailers off the FIR phase two hook entirely. We also reckon that these definitions will get stretched somewhat over time as smaller operations and officials haggle over them. You are advised to liaise with your local authority to find out precisely where you stand.
It is also worth remembering that FIR phase two only applies to pre-packed food anyway, although any health or similar claims mean that the FIR rules kick back in, whether you are exempt as a micro-business or not.
A note of warning, though. This exemption for smaller businesses for FIR/FIC/ EU 1169 phase 2 does not extend to the provisions laid out in phase 1 in December 2014. All manufacturers are still required to provide allergy information, whatever their size.
If you are not exempt from FIR phase two, the clock is ticking. Will you be ready in time? If not, get in touch!