175. Regulation of the Federal Minister of health regarding the dissemination of information about non-packaged food that can contain substances or products that cause allergies or intolerances and more general labelling requirements for food (allergen information Regulation)
On the basis of §§ 4 para 3 and 6 para 1 and 2 of the food safety and Consumer Protection Act - LMSVG, Federal Law Gazette I no. 13/2006, I no. 171/2013, will be amended by the Federal Act Federal Law Gazette - in terms of sections 5, 6 and 7 – in agreement with the Federal Minister for science, research and economy:
§ 1 subject matter of this regulation is distributing food specific information.
Information on allergenic substances
§ 2 (1) food business operators are required to contain information about unpackaged food, substances or products which can trigger allergies or intolerances that are used in the manufacture or preparation of a foodstuff, to pass on to consumers.
(2) substances or products which may cause allergies or intolerances, are those in annex II of to Regulation (EU) no 1169/2011 concerning information to consumers about food, OJ No L 304 of 22 November 2011, amended by the delegated Regulation (EU) No. 78/2014, OJ No. L 27 of January 30, 2014, substances and products.
Dissemination of information
3. (1) food business operators, which emit unpackaged food to the final consumer, have to ensure that the information referred to in article 2 are available and easily accessible. They are without being asked to provide to end-users.
(2) the requirement of paragraph 1 shall also be deemed fulfilled if at a clearly visible point clearly and legible a note is attached, that the information referred to in paragraph 2 on demand are orally available.
(3) the oral transmission of the information referred to in paragraph 2 shall be effected by people it trained. Training must be repeated at least every 3 years and evidence of the carried out training to document. The evidence of the first training has one year after entry into force of this regulation to be carried out.
4. food business operators have to ensure that the information referred to in section 2 are based on a writing mentioned documentation.
Information on sweeteners
§ 5 (1) unpackaged foods, the aspartame/aspartame-acesulfame salt in accordance with Regulation (EC) no 1333/2008 on food additives, OJ No. L 354 of December 31, 2008, as last amended by Regulation (EC) No. 519/2014, OJ No. L 147 of 17 may 2014, included, is the reference to install 'Contains a source of phenylalanine'.
(2) in the case of unpackaged foods with more than set to 10% polyhydric alcohols under Regulation (EC) no 1333/2008 is of note to install "Can have laxative excessive consumption".
(3) the information referred to in paragraphs 1 and 2 are clearly legible to install list of price on or close to the food or - community care facilities - on food or drink menus, in other cases on a notice board, the consumer can see a permanently and prominently on a plate.
§ 6. For food packaged in terms of their direct sales, which are submitted in self-service, the indications referred to in articles 9 paragraph 1 are lit. a to h and article 10 paragraph 1 of the Regulation (EU) No. 1169/2011 mandatory.
The expiration date
§ 7. An extension of the minimum durability period is not allowed on packaged foods. The minimum durability period already expired, is when they are placed on the market on this fact clear and intelligible to point out.
§ 8. The personal names used in this regulation, the selected form applies to both sexes.
§ 9. This regulation, implementing rules in accordance with article 44 paragraph 1 be lit. a and b and paragraph 2 of the Regulation (EU) no 1169/2011 concerning information to consumers about food, OJ No L 304 of 22 November 2011, amended by the delegated Regulation (EU) No. 78/2014, OJ No L 27 of January 30, 2014, adopted.
§ 10. This Regulation shall enter into force 13 December 2014.