Roythornes food law team Roythornes is one of the UK’s leading
Our Team Peter Bennett leads the Food Team and has over 35 years’ experience in the sector. He advises on a wide range of issues ranging from the strategic to the practical day to day issues we all face. His commercial skills and advice are valued by clients and professional advisers alike.
law firms. We advise businesses in the food sector. We have been in the food industry for over 75 years. With an unrivalled expertise in the food chain we now
e: peterbennett@roythornes.co.uk t: 01775 842567
advise some of the largest food businesses in the UK.
Martin Jinks’ expertise lies in contract issues with particular skills in warehousing and logistics contracts. His experience covers both transactional and non-transactional work and he advises suppliers to some of the largest retailers in the UK.
Some of our clients are household names. Others are suppliers and manufacturers with products on the shelves of almost every multiple food retailer in the country. We also work for those who provide the logistics to ensure
e: martinjinks@roythornes.co.uk t: 01775 842636
that the right goods are on the right shelves at the right time. The advantage of using Roythornes is the real depth of specialist knowledge we blend together
Edd Johnson is a property specialist. He advises clients on a wide range of property issues including new build, leases, development projects and associated tax issues. He has particular skills in the renewable energy sector - an increasing focus for many of our food clients.
to get the job done. You won’t find a litigator dabbling in your commercial work - you’ll find an experienced team of food law specialists on call to meet your requirements.
e: edwardjohnson@roythornes.co.uk t: 0115 945 4426
• Health, safety and hygiene regulations • Regulatory advice • Organic criteria and claims
Alex Keenan is a tax lawyer who specialises in advising businesses and the families who own them on the best way to structure their business and personal assets. He is particularly keen on ensuring our clients are protected in the event of key individuals no longer being able to take on their role.
• Workforce issues, working time, foreign and agency labour • Producer groups and cooperatives • Breeder agreements • Managing customer and supplier relations • Traceability issues and COSSH
e: alexkeenan@roythornes.co.uk t: 01775 842621
• Supermarket protocols and grocery supply codes • Competition issues
Solicitor Mike Matthews joined the firm in 2010 and provides valuable back up to the team to add depth to the work they undertake. His experience covers a wide range of businesses from sole traders to large commercial concerns.
• Intellectual property • CIF/FOB Insurance claims for goods in transit • Retention of title claims • Development agreements for new food
e: mikematthews@roythornes.co.uk t: 01775 842606
products including fruits • Import licenses for the importation of produce varieties into the UK • Jurisprudence in cross border issues
This publication is for guidance only and does not constitute legal advice. You should always seek professional advice before making decisions of a legal nature. Roythornes Limited is a company registered in England and Wales under number 06611251. We are regulated by the Solicitors Regulation Authority. Registered office: Enterprise Way, Pinchbeck, Spalding PE11 3YR. Refer to www.roythornes.co.uk for additional legal information. June 2014.
http://www.roythorne.co.uk/Food/
@roythornes_food
ROYTHORNES
A guide to the legal ingredients of a
Ready Meal
Patent A patent is used to protect inventions where they are new, involve an inventive step and are capable of being made or used in industry, for example a new way of making a specific food stuff. The invention must be new, a patent cannot be applied for once the invention is in the public domain, and it must not be an adaptation of previous products. Patents can provide protection for up to 20 years, but must be renewed every five.
Packaging - Labelling
Food Hygiene
Copyright
Every business that deals in food must, among other things, make sure the food is safe to eat. Part of this is managing food hygiene. You will usually need a plan based on HACCP principles. Employers are responsible for staff hygiene training and you must also be careful to manage food allergies. You can be inspected by your local council at any point in the food production and distribution process.
Copyright may provide useful protection for a written recipe for example. Copyright means that, with some exceptions, others cannot use the work without the creator’s permission. Copyright will automatically apply to a relevant work and there is no registration system. The work must, for example, have involved “independent creative effort” and be original.
See the Food Law Code of Practice, the Food Safety Act 1990, the General Food Law Regulation (178/2002/EC) and the General Food Regulations 2004.
Copyright protection in the UK for an original written work lasts for the life of the creator plus 70 years from the end of the year in which they died.
Food which is sold pre-packed must contain the name of the food, an ingredients list, information regarding any of the common allergens present (identified in bold in the ingredients list), the quantity of certain ingredients, the net quantity of the goods, a date mark, any special storage conditions, the food business operator who is marketing the food, instructions for use, the alcoholic strength by volume (if applicable) and from December 2016 a nutrition declaration. If a product is not required to have an ingredients list, it must still be made clear that the product contains certain allergens.
Contracts Contracts will need to be negotiated at each level of the supply chain from the farmer to the retailer. These contracts will need to ensure that the products comply with all relevant legislation. It is important to think about each level of the supply chain that the product will have to go through.
Trade Marks A trademark can be words, logos or a combination of both. A trademark must be renewed every ten years and the application fee starts at £170. Registering the words or logo gives you the exclusive right to use that mark for the goods and/or services it covers. Examples of when a mark cannot be registered as a trademark include where it:• Describes the goods or services or a characteristic of them • Has become customary in the line of trade • Is deceptive
Nutritional Information You must follow the rules for nutritional labelling. Pre-packed food will need to include nutritional information from December 2016. You have no option but to show nutritional labelling if you make a nutrition or health claim or you’ve added vitamins or minerals to the food. If you do make a nutrition or health claim (or give the nutritional information voluntarily before December 2016) then there are EU rules which must be complied with. These set out the only circumstances in which each individual claim may be made, for example, that the product is fat free. You must never make a claim that food can treat, prevent or cure a disease or medical condition. Nutritional information on pre-packed food will need to be per 100g/100ml for clarity.
Labels should be clear and a minimum font size of 1.22mm should be used and the name and quantity of the product (and alcohol volume if applicable) should appear in a single field of vision. Labelling should not be misleading and information must not suggest that the product contains something when it has been substituted for an alternative. Additionally, certain products must contain other information, for example, meat products must declare water content over 5% and the country of origin for all pork and poultry or other main ingredients not from the country of production must be displayed.
See Food Labelling Regulations 1996, EC Nutrition Labelling Directive (90/496/EEC) and the Food Information Regulation (1169/2011/EC).
See the Food Labelling Regulations 1996 and the Food Information Regulation (1169/2011/EC).
Import Licences Packaging - Materials
What type of licence is needed will depend upon where the product is coming from and what it is. Many products can be imported under general licences and the controls are less strict if the product is coming from within the EU.
The packaging itself must be suitable for food use. Suitable packaging will be clearly labelled as such. In addition, there are specific rules if you are using plastics, ceramics or cellophane for packaging. You must have written evidence that you have kept to these rules even if you are only buying food for sale that’s already packaged in one of those materials.
You must ensure compliance with all the conditions that are set out in a relevant general licence and also in EU and other regulations. If an item is not covered by one of the general licences you will probably need to apply for a specific licence.
See Food Contact Materials – Framework Regulations (1935/2004/ EC) and the Materials and Articles in Contact with Food (England) Regulations 2007 together with specific regulations relating to the type of material.
Best before/use by One of these dates must be shown on the product. A “best before” date will usually be appropriate and relates to the quality of the food. A “use by” date should be used for foods which are highly perishable and may present a risk of food poisoning after a relatively short period of time. “Use by” relates to the safety of the food. The date, as with all labelling, must comply with the labelling requirements and be clear, legible, conspicuous and indelible. See Directive 2000/13/EC, the Food Labelling Regulations 1996 and the Food Information Regulation (1169/2011/EC).
The Port Health Authority will check for compliance and certain products will be subjected to more stringent checks.
Organic Status
Traceability
Food Law Checklist
In order to produce or process organic food or products, import organic food or products from most non-EU countries, produce organic animal feeds or re-label organic products during the distribution chain you must be registered with an approved organic control body and inspected at least once a year. There are wide standards set down by the EU which must be complied with, as well as domestic laws, in order for the food to be labelled as organic and in particular thorough and accurate records of the production process must be kept. If you don’t comply with this the products won’t be organic.
Food business operators must keep records of food, food substances and food-producing animals supplied to their business and any businesses to which their products are supplied.
Patent
Contracts
Food hygiene
Best before/use by
This information must be made available to the authorities on demand. It is a criminal offence to be in breach of this requirement. It is a defence to show that all reasonable precautions and due diligence were used to avoid the commission of the offence or that the commission of the offence is due to the act or default of another.
Copyright
Organic status
Trade marks
Nutritional information
Traceability
Import licences
A retailer who only sells organic products directly to customers may label products as organic so long as 95% of the farm-grown ingredients used are organic.
See General Food Law Regulation (EC) 178/2002 article 18 and the General Food Regulations 2004 regulation 4.
Packaging-labelling Packaging-materials