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Regulations Governing the Production and Packaging of Chocolate Products
Please note that the information given below and the legislation cited is not intended to be a comprehensive or exhaustive summary of all relevant regulation, nor have we listed any amendments to any of these regulations that may have come into force subsequently.
All information and guidance given below is given in good faith and without liability. We hope that the information we have collected together will be helpful to you but we strongly recommend you use it only as a starting point and consult your local trading standards office for up-to-date guidance.
Summary of Current Legislation
| 1 | Contains most of the relevant information on classifying and labelling chocolate products in England, including reserved descriptions | |
| 2 | The Cocoa and Chocolate Products (Scotland) Regulations 2003 | As above, but for Scotland |
| 3 | The Cocoa and Chocolate Products (Wales) Regulations 2003 | As above, but for Wales |
| 4 | Cocoa and Chocolate Products Regulations (Northern Ireland) 2003 | As above, but for Northern Ireland |
| 5 | Food Labelling Regulations 1996 | These regulations do contain some parts that are relevant for chocolate and are referred to in the Cocoa and Chocolate Products Regulations as “the 1996 Regulations” |
| 6 | Food Labelling (Declaration of Allergens) (England) Regulations 2008 | Contains a few amendments to The Food Labelling Regulations 1996 above |
| 7 | The Weights and Measures (Miscellaneous Foods) Order 1988 | Contains specific information on marking a chocolate product with an indication of quantity by net weight. |
| 8 | Food Safety Act 1990 | This is the primary food safety legislation in the UK and is referred to in the Cocoa and Chocolate Products Regulations as “the Act” |
New Legislation for 2014 - FIR
The new EU Regulation 1169/2011 brings EU rules on general and nutrition labelling together into a single new Food Information for Consumers Regulation (FIR). Its aim is to simplify and consolidate existing labelling legislation and it applies in all Member States, replacing current UK law after a three-year transitional period. These transitional arrangements set out in the FIR mean that the bulk of the requirements will not apply until 2014, with nutrition labelling becoming mandatory in 2016.
The new law combines the following two earlier Directives into one legislation:
2000/13/EC - labelling, presentation and advertising of foodstuffs
90/496/EEC - nutrition labelling for foodstuffs
Further information on implementation of this new legislation in the UK can be found at http://www.food.gov.uk/enforcement/regulation/fir/labellingproposals/#.UopJWcSpWSp
Here is a brief introduction to some of the main points in the FIR:
- Country of origin/Place of provenance: origin requirements have been tightened. ‘Place of provenance’ has been retained and under this for example, Scotland or a recognised area may be used without reference to the UK.
- Nutrition labelling: 'back of pack' information will become mandatory on the majority of prepacked foods, and it will be possible to voluntarily repeat on ‘front of pack’ information on nutrients of importance to public health. It will also be possible to provide voluntary nutrition information in the 'front of pack' format on food sold loose (e.g. on deli counters) and in catering establishments.
- Date marking: depending on the type of food, consumers will continue to see 'best before' and 'use by' dates on pre-packed foods. The latter will be more tightly linked to food safety. Where appropriate i.e. for meat and fish, there will also be a date of first freezing shown on food labels.
- A minimum font size for the mandatory information on most food labels will aid clarity.
- The types of vegetable oil used in food, such as palm oil, must be stated.
- Allergen information will be extended to non-prepacked foods and catering situations with flexibility in how businesses provide this to consumers.
Other Resources
If in doubt about the applicability or interpretation of any legislation, the best place to call initially will generally be your local Trading Standards Office. To find your local office, just click here and enter your postcode.
Trading Standards also publish guidance leaflets on a number of issues related to food labelling and you can access these at - www.tradingstandards.gov.uk
The Food Standards Agency is an independent government department responsible for food safety and hygiene across the UK. They work with businesses to help them produce safe food, and with local authorities to enforce food safety regulations. They will often produce guidelines to EU legislation that are considerably easier to use than the primary legislation!
Here are links to some useful documents on the FSA website:
Guidance on the Cocoa and Chocolate Products Regulations 2003
We would also recommend consulting ERWIN, a very useful and user-friendly one-stop shop for business advice. The site provides interpreted, simplified and prioritised information, which covers all major Trading Standards, Environmental Health, Licensing and Fire Safety legislation.
Go to www.everythingregulation.org.uk and use ERWIN’s business/region filters or just type ‘chocolate’ into the Search box to get started!
Last Updated Nov 2014
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