Regulation on nutrition claims in food and nutrition labelling of foodstuffs (Article 1 of the Regulation on the Reorganisation of Nutrition Labelling Requirements for Food) (Nutrition Labelling Regulation-NKV)

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NKV

Date of completion: 25.11.1994

Full quote:

" Nutrition labelling regulation of 25 November 1994 (BGBl. 3526), as last amended by Article 1 of the Regulation of 1 January 2008. October 2009 (BGBl. P. 3221).

Status:

Last amended by Art. 1 V v. 1.10.2009 I 3221

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 3.12.1994 + + +)
The V was approved by the Federal Ministry of Health in agreement with the Federal Ministry of Food, Agriculture and Forestry, for the Environment, Nature Conservation and Nuclear Safety and for Economic Affairs and the Federal Ministry of Food, Agriculture and Food and Forsten, in agreement with the Federal Ministries of Health, Justice and Economics. The Federal Council has agreed. She's gem. Art. 7 V v. 25.11.1994 I 3526-NKNeuOV-entered into force on 3.12.1994. Unofficial table of contents

§ 1 Scope

(1) This Regulation lays down the nutrition claims in the transport of foodstuffs and in the advertising of foodstuffs, and the nutrition labelling of foodstuffs to the extent that they are intended for the supply to consumers. The consumer shall be subject to the same conditions as restaurants, catering facilities and tradesmen to the extent that they refer to food for consumption within their premises. (2) The provisions of this Regulation shall not apply to: Natural mineral water, drinking water and spring water. (3) With the exception of § 6, the provisions of this Regulation do not apply to food supplements. (4) The provisions of the Dietary Regulation shall remain unaffected. Unofficial table of contents

§ 2 Definitions

For the purposes of this Regulation:

1.

Nutrition claim: any presentation or statement appearing on the market in foodstuffs or in the advertising of food, stating, suggesing or indirectly expressing that a food has been produced on the basis of his or her food. The energy content or the nutrient content has special nutritional properties. The indication of the nature or quantity of a nutrient, as well as indications or references to the alcoholic strength of a foodstuff, as prescribed by law, shall not be any nutrition claims within the meaning of this Regulation;

2.

Nutrition labelling: any indication in the labelling of a foodstuff about

a)

the calorific value,

b)

the content of protein, carbohydrates, fat, dietary fibre,

c)

the vitamins and minerals listed in Appendix 1 and present in significant quantities in accordance with the values indicated therein, as well as sodium,

d)

substances belonging to or forming part of one of the nutrient groups referred to in (b) and (c), including cholesterol;

3.

Calorific value: the calculated energy content of a foodstuff, the calculation for

-	one gram of fat	37 kJ (or 9 kcal),
-	one gram of protein	17 kJ (or 4 kcal),
-	one gram of carbohydrates (excluding polyhydric alcohols)	17 kJ (or 4 kcal),
-	one gram of ethyl alcohol	29 kJ (or 7 kcal),
-	a gram of organic acid	13 kJ (or 3 kcal),
-	one gram of polyhydric alcohols	10 kJ (or 2.4 kcal),
-	one gram of salatrims	25 kJ (or 6 kcal),
-	one gram of dietary fibre	8 kJ (or 2 kcal),
-	a gram of erythritol	0 kJ (or 0 kcal)

shall be taken into account;

4.

Protein: the protein content calculated according to the formula "protein = total nitrogen (according to Kjeldahl) x 6,25"; in individual cases, other recognised food-specific factors may also be used;

5.

Carbohydrate: any carbohydrate which is reacted in human metabolism, including polyhydric alcohols;

6.

Sugar: all monosaccharides and disaccharides present in food, other than polyhydric alcohols;

7.

Fat: all lipids, including phospholipids;

8.

saturated fatty acids: fatty acids without double bond;

9.

Monounsaturated fatty acids: fatty acids with a cis-double bond;

10.

Polyunsaturated fatty acids: fatty acids with double bonds interrupted by cis-cis-methylene groups;

11.

Dietary fibre: carbohydrate polymers with three or more monomer units which are neither digested nor absorbed in humans in the small intestine, and which belong to the following categories:

a)

edible carbohydrate polymers naturally occurring in foods when consumed;

b)

edible carbohydrate polymers obtained from food raw materials in a physical, enzymatic or chemical manner and having a positive physiological effect in accordance with generally accepted scientific evidence;

c)

edible synthetic carbohydrate polymers which have a positive physiological effect in accordance with generally accepted scientific evidence;

12.

"average value" or "average salary": the value or salary which best represents the amounts of nutrients contained in a particular foodstuff, and the seasonal differences, consumption patterns and others Factors that can bring about a change in the actual value.

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§ 3 Restriction of nutrition claims

In the case of food or advertising, only nutrition claims referring to the calorific value or to the nutrients, nutrient groups, their ingredients or to the common salt listed in Section 2 (2) may be used. Unofficial table of contents

§ 4 nutrition labelling

(1) Anyone who uses nutrition claims in accordance with § 3 in the transport of food or in advertising for food with the exception of cross-product advertising campaigns shall state the following nutrition labelling:

1.

the calorific value and the content of protein, carbohydrates and fat, or

2.

the calorific value and the content of protein, carbohydrates, sugars, fat, saturated fatty acids, dietary fibre and sodium

of the food on which the nutrition claim is made. Where the nutrition claim refers to sugar, saturated fatty acids, dietary fibre, sodium or sodium chloride, the nutrition labelling shall be carried out in accordance with point 2. (2) The nutrition labelling may also be used in addition to the information provided in accordance with paragraph 1, the content of

1.

Strength,

2.

polyhydric alcohols,

3.

monounsaturated fatty acids,

4.

polyunsaturated fatty acids,

5.

Cholesterol or

6.

the amounts of vitamins and minerals listed in Appendix 1 and in significant quantities in accordance with the values indicated therein

(3) If a nutrition claim relates to substances belonging to or forming part of one of the nutrient groups referred to in paragraph 1 or 2, the indication of the content of these substances shall be required. When indicating the content of mono-or polyunsaturated fatty acids or of cholesterol, the content of saturated fatty acids should be indicated. This information shall not be required to indicate the nutrition labelling referred to in paragraph 1 (2). Unofficial table of contents

§ 5 Art and manner of marking

(1) The information referred to in § 4 shall be summared in a table and shall be listed among each other. If the arrangement of the data is not possible due to lack of space, they may be listed one after the other. The information in accordance with § 4 (1) shall be given in the order indicated. (2) The indication of the calorific value and of the content of nutrients or nutrient components shall be given per 100 grams or 100 millilitres of the food. In the case of food in pre-filled packages which are ready for consumption only after the addition of other foodstuffs, these particulars may instead be made on the basis of the preparation, provided that sufficiently precise information is available on the preparation method. and the data relating to the food consumed. In addition, the data may be given per portion, which is determined in terms of quantity on the label, or per serving, provided that the number of portions contained in the packaging is indicated. (3) The indication of the calorific value and the content of nutrients or nutrient components shall be in each case with the average value or content, as well as in the following units:

1.

the calorific value in kilojoules (kJ) and kilocalories (kcal),

2.

the content of protein, carbohydrate, fat (excluding cholesterol), dietary fibre and sodium in grams (g),

3.

the content of cholesterol in milligrams (mg),

4.

the content of vitamins and minerals in the units listed in Appendix 1.

(4) In cases where sugars, polyhydric alcohols or starch are indicated, the indication of the carbohydrate content shall be directly indicated in the following manner:

Carbohydrates		g,
of which
-	Sugar	g,
-	polyhydric alcohols	g,
-	Strength	g.

(5) In cases where the quantity or nature of the fatty acids or the amount of cholesterol is indicated, this indication shall be made directly on the indication of the total fat in the following manner:

Bold		g,
of which
-	Saturated fatty acids *)	g,
-	Monounsaturated fatty acids *)	g,
-	Polyunsaturated fatty acids *)	g,
-	Cholesterol	mg.

(6) Information on vitamins and minerals must also be expressed as a percentage of the daily doses recommended in Appendix 1. (7) The nutrition labelling data are easily visible, in German, easy to read, and in the case of a Make ready-to-use packages unwielable. They may also be indicated in another language which is easily understood if the information of the consumer is not affected thereby. The particulars shall be affixed as follows:

1.

in the case of delivery in pre-packed pre-packed packaging or on a label attached to it;

2.

in the case of a levy other than in pre-packed packaging, in relation to the nutrition claims.

(8) By way of derogation from the third sentence of paragraph 7, the information may be:

1.

when the prepackages are delivered to restaurants or catering establishments, they shall be placed on a collective pack or in an accompanying document accompanying the products;

2.

in the case of pre-packed packages which are produced at the point of sale for the delivery to the consumer as soon as possible and which are delivered there, but not for the self-service, in relation to the nutrition claims;

3.

in the case of pre-packages produced in restaurants or catering establishments for the delivery to the consumer as soon as possible, and delivered there, but not for self-service, in a record accessible to the consumer; should be included when the consumer is alerted to this.

(9) By way of derogation from the second sentence of paragraph 7, point 2, the information may be:

1.

shall be included in an accompanying document accompanying the products, if there is a loose supply to restaurants or catering establishments;

2.

in the case of a levy in restaurants or catering establishments for consumption on the spot, shall be included in a record accessible to the consumer when the consumer is drawn to the attention of the consumer.

-----

*)

In each case calculated as triglyceride.

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§ 6 Prohibition of certain references

(1) It is prohibited to use, in the transport of foodstuffs or in the advertising of foodstuffs, names, indications or arrangements which indicate that a food is leaner, slimming or weight-reducing Properties. The first sentence shall not apply to food within the meaning of Section 14a of the Dietary Regulation, which is intended for use as a daily ration. (2) It shall also be prohibited, in the case of foodstuffs or in the advertising of foodstuffs, in the form of names, indications or indications of food. making use of the arrangements which

1.

indicate a low calorific value, if

a)

in the case of food other than beverages, soups and broths, the calorific value is more than 210 kilojoules or 50 kilocalories per 100 grams of the ready-to-eat foodstuff,

b)

in the case of beverages, soups and broths, the calorific value is more than 84 kilojoules or 20 kilocalories per 100 millilitres of the ready-to-eat foodstuff;

2.

indicate a reduced calorific value if the calorific value falls below the average calorific value of comparable conventional foods by less than 30 per hundred;

3.

indicate a reduced nutrient content if the nutrient content of nutrients is less than the average nutrient content of comparable conventional foods by less than 30%; by way of derogation from this, a salt or a salt of a salt or a salt thereof may be used in the form of a salt or a salt. sodium reduction shall be indicated only in the case of foodstuffs referred to in Appendix 2; the maximum levels of sodium content fixed there may not be exceeded;

4.

indicate a low cooking salt or sodium content if:

a)

in the case of food, excluding beverages, the sodium content of which is more than 120 milligrams per 100 grams of the ready-to-eat food,

b)

in the case of beverages, the sodium content is more than 2 milligrams per 100 millilitres of the ready-to-eat foodstuff.

(3) In the case of food intended for use as a meal or in place of a meal, or in the advertising of such foods, names or indications indicating a low or reduced calorific value may only be used: shall be used if the physiological calorific value of the ready-to-eat food does not exceed 1,680 kilojoules or 400 kilocalories per meal. For these foods, the iron compounds listed in Annex 2, List A, No. 2.2 of the Dietary Regulation, are authorised as additives; the amount of these substances added is in the appropriate application of § 17 (1) in conjunction with § 25 (1) Point 2 of the Dietary Regulation. (4) By way of derogation from paragraph 3, it may be used in restaurants or catering establishments for main meals for consumption on the spot and the reference "for weight-controlled nutrition", if the calorific value does not include 2,100 kilojoules or 500 kilocalories per main meal exceeds. Unofficial table of contents

§ 7 Crime offences and administrative offences

(1) In accordance with Article 59 (1) (21) (a) of the Food and Feed Code, it is punishable who is placing food on the market in which a content of additives does not, or not in the case of, the second sentence of § 6 (3) sentence 2 (2) In accordance with Article 59 (1) (21) (a) of the Food and Feed Code, it shall be punished for those who are commercially available in the market in foodstuffs or in the advertising of foodstuffs, contrary to § 3 or § 6. 1, sentence 1, para. 2 or 3, sentence 1, names, particulars, or arrangements. (3) Any person referred to in paragraph 1 (4) contrary to the provisions of Section 60 (2) (26) (a) of the Food and Feed Code, the provisions of Section 60 (1) of the Food and Feed Code are in breach of the law. Who, intentionally or negligently, in breach of § 4 para. 1 or 3 sentence 1 or 2 or § 5 para. 2 sentence 1, para. 3, 4, 5, 6 or 7 sentence 1 or 3 foods without the prescribed marking, puts on the market for commercial purposes. Unofficial table of contents

Section 8 Transitional periods

(1) Up to 1. In October 1995, food products may still be labelled according to the rules in force so far and the foodstuffs labelled as such may be placed on the market beyond that date. (2) Food which is to be carried out by the end of the 8. This Regulation shall be in accordance with the provisions of this Regulation, which shall apply until 30 October 2009. October 2012. Unofficial table of contents

Appendix 1 (to § 2 (2) (c), § 4 (2) (6) and (5) (3) (4) and (6))

(Fundstelle: BGBl. I 2009, 3222)

vitamins and minerals,
which may be included in the claim, and their recommended daily dose

Vitamin A (µ g) 1 )	800
Vitamin D (µ g)	5
Vitamin E (mg)	12
Vitamin K (µ g)	75
Vitamin C (mg)	80
Thiamine (vitamin B1) (mg)	1.1
Riboflavin (vitamin B2) (mg)	1.4
Niacin (mg)	16
Vitamin B6 (mg)	1.4
Folic acid (µ g)	200
Vitamin B12 (µ g)	2.5
Biotin (µ g)	50
Pantothenic acid (mg)	6
Potassium (mg)	2 000
Chloride (mg)	800
Calcium (mg)	800
Phosphorus (mg)	700
Magnesium (mg)	375
Iron (mg)	14
Zinc (mg)	10
Copper (mg)	1
Manganese (mg)	2
Fluoride (mg)	3.5
Selenium (µ g)	55
Chromium (µ g)	40
Molybdenum (µ g)	50
Iodine (µ g)	150

1)

Official note: 1 µ g of vitamin A correspond to 6 µ g of all-trans-β-carotene or 12 µ g of other provitamin A carotinoids.

As a general rule, a quantity of 15% of the recommended daily dose specified in this Appendix should be in 100 g or 100 ml or in a package, provided that the package contains only a single portion, in the determination of the significant quantity shall be considered. Unofficial table of contents

Appendix 2 (to § 6 para. 2 no. 3)

Source of the original text: BGBl. I 1994, 3530;
with regard to of the individual amendments. Footnote
Food sodium content of the ready-to-eat foodstuff at most mg in 100 g

Bread, small pastries and other bakery products	250
Finished dishes and ready-made partial dishes	250
Soups, broths and sauces	250
Products of fish, crustaceans, bowls and molluscs	250
Potato dry products	300
Sausages	400
Cheese and cheese products	450
Boiled sausages and cooking pasta	500