The objective of food law is to protect the interests of consumers. Its provisions serve as a basis for consumers to make informed choices with regard to the food they consume, particularly by countering unfair practices, including food adulteration, and any practices that may mislead the consumer.
The information provided by the food business operator must be truthful, reliable and complete.
These issues are in principle regulated at the level of EU law. Therefore, the essential requirements are uniform across EU countries.
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Spirit drinks are a foodstuff and must therefore comply with the requirements of food law, including with regard to labelling and information obligations.
The general principles of food labelling are laid down in Regulation No 1169/2011 of 25 October 2011 on the provision of food information to consumers.
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SPECIAL REGULATIONS
Spirit drinks are also regulated by special regulations, including Regulation (EU) 2019/787, of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks.
It lays down rules on such aspects as the definition, description, presentation and labelling of spirit drinks, as well as the protection of geographical indications of spirit drinks.
The regulation applies to all spirit drinks placed on the market in the EU.
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According to these regulations (Article 2), a spirit drink is understood as an alcoholic beverage:
(a) intended for human consumption;
(b) possessing particular organoleptic characteristics;
(c) having a minimum alcoholic strength by volume of 15%
(d) produced as described in the regulation.
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LABEL
An essential element of labelling of a product is the label (Article 4(4)).
Label means any tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, embossed or impressed on, or attached to the packaging or container of food. Labelling, on the other hand, means all the descriptions and other references, signs, designs or trade marks which distinguish the spirit drinks (Article 3(3)).
The terms used in the labelling, presentation, commercial documents, etc. constitute the description of the spirit drink (Article 4(1)).
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PRESENTATION
Presentation means the terms used in the labelling and on the packaging, as well as in advertising and sales promotion of a product. (Article 4(2)).
What is important is the so-called field of vision, meaning all the surfaces of a package that can be read from a single viewing point (cf. also the principal field of vision, which allows identification of a product) (Article 2(2)(k) 1169/2011).
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GENERAL REQUIREMENTS
Spirit drinks are subject to general food labelling requirements, including (for example): easy accessibility of the information; directly on the package or on a label attached to it (packaged food); the labels must contain the mandatory information required by law; other optional information (legally permitted) may also be included.
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GENERAL REQUIREMENTS - SPIRIT DRINKS
Specific information includes: the possibility of including the term ‘blend’ and similar (conditional); the possibility of specifying, for example, in the labelling of a spirit drink its age or maturation period.
The specific information provided for in the legislation should be given in one or more of the official languages of the EU.
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The name of the spirit drink must be its legal name (Article 10 of Regulation 2019/787).
CATEGORIES OF SPIRIT DRINKS
The legislation on spirit drinks, categorises them in a catalogue (Article 7 of Regulation 2019/787). It is required to use the correct legal name for this category in the description, presentation and labelling (cf. Article 3(1) of Regulation 2019/787; Article 2(2)(n) 1169/2011).
According to the definitions set out in Annex I of EU Regulation 2019/787 of 17 April 2019, the following examples of categories are identified: Whisky or Whiskey; Brandy or Weinbrand; Vodka; Gin; Liqueur; Crème de cassis, Sambuca; Egg liqueur or advocaat, or avocat, or avocat.
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CATEGORY
Where a spirit drink meets the definition of more than one category of spirit drinks, it may be sold under one or more of the names specified for those categories.
However, spirit drinks which do not meet the criteria of any of the categories identified should bear the name ‘spirit drink’ in their description, presentation and labelling.
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Legal names of spirit drinks must not be replaced by trademarks, brand names or invented names (exception: registered geographical indication (vested)).
A product which does not meet any of the definitions listed may not be described, presented or labelled by adding words or terms such as ‘like’, ‘type’, ‘style’, ‘flavour’, or any similar terms to the trade names indicated in the Regulation or registered geographical indications.
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MANDATORY INFORMATION
Mandatory information includes:
- The name of the foodstuff - the name of the spirit drink category (legal name);
- Net quantity of the product;
- Quantity of specific ingredients or categories of ingredients (conditional);
- Alcoholic strength – The actual alcoholic strength by volume of drinks with an alcohol content of more than 1.2% by volume (e.g. 42% ABV);
- Country or place of origin (must not be misleading);
- Information about the entity responsible for placing the product on the market, i.e. the manufacturer or importer;
- Date of minimum durability (not required for drinks with an alcohol content of at least 10% ABV);
- Storage conditions or conditions of use (conditional);
- Instructions for use (conditional);
- Potential allergenic ingredients;
- Content of sweeteners or caffeine;
- Lot number.
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OPTIONAL, NON-MANDATORY INFORMATION
Optional information may include, for example:
- List of ingredients; Information on protected designation of origin or protected geographical indication; Traditional term (for products with protected designation of origin or protected geographical indication – wines, if the wine in question is entitled to such protection); Community symbol indicating the protected designation of origin or protected geographical indication; Method of production;
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The current legislation, mainly EU law, provides a number of general or specific requirements for the labelling of spirit drinks. What it all has in common is the general prohibition on misleading consumers through the labelling of spirit drinks.