The General Standard for the labelling, presentation and advertising of foodstuffs, approved by Royal Decree 1334/1999 of 31 July, incorporated Council Directive 79 /112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs intended for the final consumer, which was codified by Directive 2000 /13/EC in the year 2000 European and Council of 20 March 2000, in the interests of greater clarity and rationality.

The national legislature, in accordance with the power conferred on the Member States in Article 14 of Directive 2000 /13/EC of the European Parliament and of the Council of 20 March 2000, to lay down the rules for the labelling of food products which are presented without packaging for sale to the final consumer and to mass caterers, or in foodstuffs packaged at the place of sale at the request of the purchaser or packaged for immediate sale, proceeded with their development in Articles 15 and 16 of the said general rule, but in the general rule of Labelling, presentation and advertising of food products, approved by Royal Decree 212/1992, of 6 March, already collected equivalent obligations.

Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on food information provided to the consumer and amending Regulations (EC) No 1169/2011 is published in 2011. 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council and repealing Commission Directive 87 /250/EEC, Council Directive 90 /496/EEC, Commission Directive 1999 /10/EC, Parliament Directive 2000 /13/EC European and Council Directives 2002/67/EC and 2008 /5/EC, and Regulation (EC) No 2052/2008 of the European Parliament and of the Council Commission Regulation (EC) No 608/2004.

In recital (48) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011, it is mentioned that: " Member States should continue to be entitled, depending on the conditions and the local practical circumstances, to lay down rules on information on non-packaged food. While in such cases the consumer demand for other information is limited, it is considered that the information on potential allergens is very important. There are indications that most food allergy incidents have their origin in non-packaged foods. Therefore, information on potential allergens should always be provided to the consumer. "

On the other hand, it is Article 44 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 concerning national measures relating to non-packaged food, making compulsory indication of the particulars specified in point (c) of Article 9 (1) in the case of foods which are presented without packaging for sale to the final consumer and to mass caterers, or in the case of foodstuffs packaged in the places of sale at the request of the buyer or packaged for immediate sale. For the remainder of the entries referred to in Articles 9 and 10, the Community provision states that they shall not be compulsory unless Member States adopt national measures requiring their indication. In addition, it leaves the Member States the power to establish national measures to regulate the means which may be used to present these terms or parts thereof and, where appropriate, their form of expression and presentation.

Pursuing the improvement of food information that is provided to consumers as a basis for achieving a high level of protection, also addressing the claimed flexibility as one of the tools needed to give In response to the various forms of food supply and not forgetting to deepen the necessary balance between the various interests, the development of food information requirements for food products is appropriate. which are submitted without packaging for the sale to the final consumer and to the collectivities, and food packaged at the place of sale at the request of the buyer or packaged for immediate sale, in accordance with the option referred to in Article 44 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011. It also sets out the information requirements applicable to these foods when they are marketed by distance communication, taking into account the specificities associated with this type of marketing.

There are also national and Community provisions which provide for compulsory labelling of certain foodstuffs and which are also applicable to non-packaged foods. For example, the case of irradiated foods, the foods that consist, contain or are manufactured from genetically modified organisms, or foods containing dyes listed in Annex V to Regulation (EU) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives. These requirements are regulated by the relevant specific rules and although they are not repeated in this royal decree, this does not mean that they should not be respected and taken into account for the marketing of food. packaged.

This royal decree is dictated by the provisions of the rules 13. and 16. of article 149.1 of the Spanish Constitution, which attribute to the State exclusive competence on the bases and coordination of general planning. of the economy, as well as on the basis and overall coordination of health, respectively.

In the process of dealing with this royal decree, the autonomous communities and the representative entities of the affected sectors have been consulted, having issued a favorable report the Inter-Ministerial Commission for the Food Management.

This provision has been subject to the procedure laid down in Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of public The Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of technical regulations and regulations relating to the services of the information society, and which incorporates this directive into the Spanish legal order.

In its virtue, on the proposal of the Minister of Health, Social Services and Equality, of the Minister of Industry, Energy and Tourism, of the Minister of Agriculture, Food and Environment and the Minister of Economy and Competitiveness, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 27 February 2015,

DISPONGO:

Single item. Object.

The attached general standard on food information for food which is presented without packaging for sale to the final consumer and to the mass caterers is approved for the packaging at the place of sale at the request of the buyer, and those packaged by retail trade holders.

Repeal provision. Repealed rules.

Articles 15, 16, 17.3, 17.4 and 17.6, second paragraph, of the General Standard for the labelling, presentation and advertising of foodstuffs, approved by Royal Decree 1334/1999 of 31 July, are repealed.

Final disposition first. Competence title.

This royal decree is dictated by the provisions of the rules 13. and 16. of article 149.1 of the Spanish Constitution, which attribute to the State exclusive competence on the bases and coordination of general planning. of economic activity and on the basis and general coordination of health, respectively.

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on February 27, 2015.

FELIPE R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ DE SANTAMARIA ANTON

GENERAL STANDARD ON FOOD INFORMATION FOR FOODS PRESENTED WITHOUT PACKAGING FOR SALE TO THE FINAL CONSUMER AND TO MASS CATERERS, OF THE PACKAGED IN THE PLACE OF SALE AT THE REQUEST OF THE PURCHASER, AND OF THOSE PACKAGED BY RETAIL TRADE HOLDERS

PRELIMINARY TITLE

Object, application scope, and definitions

Article 1. Object.

This general rule is intended to develop the specific requirements for food information for foods which are presented without packaging for sale to the final consumer and to the mass caterers. packaged at the place of sale, at the request of the buyer, and of those packaged by the holders of retail trade.

Article 2. Scope.

1. This General Standard shall apply to food business operators at all stages of the food chain, where their activities affect the food information provided to the consumer.

2. It shall apply, without prejudice to the provisions of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on food information provided to the consumer and amending Regulations (EC) No 1169/2011. 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council and repealing Commission Directive 87 /250/EEC, Council Directive 90 /496/EEC, Commission Directive 1999 /10/EC, Parliament Directive 2000 /13/EC European and Council Directives 2002/67/EC and 2008 /5/EC, and Regulation (EC) No 2052/2008 of the European Parliament and of the Council Commission Regulation (EC) No 608/2004, and in other rules concerning specific foods, to food information for all foodstuffs intended for the final consumer, including those delivered by mass caterers and those intended for the supply of collectivities:

(a) To be submitted without packaging for sale to the final consumer and to the collectivities;

(b) Packaged in the places of sale at the request of the buyer;

c) Packaged by retail trade holders for immediate sale in the establishment or establishments of their property;

(d) Referred to in previous assumptions and offered for sale by distance communication.

Article 3. Definitions.

For the purposes of this General Standard, the following definitions shall apply:

1. The definitions of 'food', 'food business', 'food business operator (or operator)', 'retail trade', 'marketing' and 'final consumer' of Article 2 and Article 3 (2), (3), (7), (8) and (18) of Regulation (EC) No 139/2014. 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures on food safety.

2. Definitions of "food information", "mandatory food information", "collectivities", "food packaging", "ingredient", "place of provenance", "compound ingredient", "label", "labelling", "legibility", "legal name", 'usual name', 'descriptive name', 'primary ingredient', 'nutrient' and 'distance communication technique' of Article 2 (2) (a), (c), (d), (e), (f), (g), (h), (i), (j), (m), (n), (o), (p), (q), (s) and (u) of Regulation (EU) No No 1169/2011 of the European Parliament and of the Council of 25 October 2011.

TITLE I

Mandatory food information

CHAPTER I

Food that is presented without packaging and the packaged in the places of sale at the request of the buyer

Article 4. Requirements for mandatory food information.

1. The compulsory food information of foodstuffs which are presented without packaging for sale to the final consumer and to the collectivities and packages at the place of sale at the request of the purchaser shall include at least the particulars following:

(a) The name of the food, as provided for in Article 17 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011. That name shall be accompanied, where appropriate, by additional mandatory particulars for specific categories or types of foods referred to in points 1, 2, 3 and 4 of Annex III to that Regulation.

(b) The specific terms referred to in point (c) of Article 9 (1) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 with a clear reference to the substance or product in accordance with Annex II to that Regulation,

set out in Annex II.

This indication shall not be required in cases where the name of the food clearly refers to the substance or product concerned.

(c) The quantity of an ingredient or a category of ingredients in accordance with Article 22 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011.

d) The alcoholic strength in beverages with a higher volume strength than 1,2 per 100.

(e) Those other requirements establishing, for this mode of sale, the relevant national and European Union provisions.

2. The requirements laid down in the preceding paragraphs, with the exception of Article 9 (1) (c) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 and of the provisions of the Article 4 of the technical-health regulations on soft drinks, approved by Royal Decree 650/2011 of 9 May, will not be applicable in the marketing of food delivered by mass caterers. packaging.

CHAPTER II

Food packaged by retail trade holders for immediate sale in the establishment or establishments of their property

Article 5. Requirements for mandatory food information.

1. Mandatory food information for food items that are packaged by retail trade holders for immediate sale in the establishment or establishments of their property shall include, without prejudice to those other requirements laying down the relevant specific provisions for each particular food, the indications referred to in Articles 9 and 10 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011, except as referred to in point (l) of Article 9 (1).

As regards the identification of the food business, it shall in any case refer to the packer in accordance with the provisions of Article 9 (1) (h) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council, of 25 October 2011.

2. Provided that the information of the purchaser is assured, the labelling of bags and other packages which allow the naked eye to be identified as normal for the product and contain at least fruit, vegetables, tubers or nuts shall be indicate:

(a) The name of the food accompanied, as appropriate in accordance with the requirements of the specific legislation, of the category and variety or commercial type and country of origin.

b) The net quantity.

(c) The identification of the food business operator in accordance with Article 9 (1) (h) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011.

CHAPTER III

Availability, placement and presentation of food information

Article 6. Availability and placement.

1. Mandatory food information shall be available and easily accessible in accordance with the provisions of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 and this General Standard.

2. The particulars of the mandatory food information referred to in Article 4 shall be submitted in writing on labels attached to the food or rolled on posters placed in the place where the food is presented for sale, on the food or next to it, so that such information complies with the requirements of paragraph 1.

3. The particulars of the mandatory food information provided for in Article 5 shall be on the packaging or on a label attached to it. However, with the exception of the date of minimum durability or the date of expiry, the remainder of the particulars may be marked on posters placed in the place where the food is presented for sale, when the latter is carried out under the selling mode with seller.

On a self-service basis, the indication of the sales denomination for the products listed in Article 5.2 may be marked on posters placed in the place where the food is presented for sale, next to the food in question.

4. Where the particulars of the mandatory food information referred to in Articles 4 and 5 are given on the packaging or on a label attached thereto, they shall be printed in characters using a font size, at least equal to those indicated in the Article 13 (2) and (3) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 in accordance with the provisions laid down in each case in those paragraphs.

5. By way of derogation from paragraphs 2 and 3, in order to facilitate the information referred to in Article 4.2, the use of other appropriate means shall be permitted provided that they are accessible to the consumer before the end of the buying-in and do not entail an additional cost to the consumer, in accordance with the following requirements:

(a) The information referred to in Article 4.2 may be provided orally, provided that:

1. º Information can be provided easily and when requested, before the end of the act of purchase, by the staff of the establishment or through alternative means that do not entail an additional cost for the consumer.

2. The information is recorded in written or electronic form in the establishment where the food is offered for sale and is easily accessible to both the establishment staff and the control authorities. and the consumers who request it.

(b) In the areas of the establishment where the food referred to in Article 2.2 is offered for sale, it shall be indicated in such a way as to be easily visible, clearly legible and accessible to consumers, the place of the establishment where the information referred to in Article 4.2 is available or alternatively it shall be indicated that consumers may be directed to the establishment staff to obtain information on the substances and products referred to in Article 4.2.

In cases where there are several sections within the same establishment in which the foods referred to in Article 2.2 are offered for sale, the particulars referred to in the preceding paragraph shall be available in each of these sections.

(c) The indication referred to in paragraph (b) shall not be required where the information referred to in Article 4.2 is provided by means of labels attached to the food or by signs adjacent to the food in such a way as to is easily readable by the consumer before the act of purchase is concluded.

(d) The indication referred to in paragraph (b) shall not be required in places where meals are provided specifically adapted to the needs of consumers affected by food allergies or intolerance. However, information on substances and products likely to cause allergies and intolerances referred to in Article 4.2 shall be available in such establishments and shall be provided whenever they are requested by consumers or by consumers. control authorities.

Article 7. Presentation.

As provided for in Article 13 (1) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011, mandatory food information shall be indicated in a prominent place of a way that is easily visible, clearly legible and, where appropriate, indelible. In no way shall it be disguised, covered or separated by any other indication or image, or by any other material brought.

TITLE II

Voluntary food information

Article 8. Applicable requirements.

Where additional food information referred to in Articles 9 and 10 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011, or other type of food, is voluntarily provided. information that is not mandatory in accordance with this General Standard, the provisions of Articles 36 and 37 of that Regulation shall be complied with.

Where nutrition information is provided on a voluntary basis, the content of the nutrition information shall be in accordance with Article 30 (5) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011. 2011.

TITLE III

Non-packaged foods offered for sale by distance communication

Article 9. Availability of mandatory food information.

For sale by means of distance communication of the food referred to in Article 2.2, the particulars of the mandatory food information required by virtue of Articles 4 and 5 for each mode they shall be available in accordance with Article 14 (1) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011. Notwithstanding the foregoing, the indication concerning the country of origin or place of provenance referred to in Article 9 (1) (i) of that Regulation, as well as the particulars which are compulsory, are not listed in that Regulation. Article 9 (1) may not be available before the purchase is made.

All mandatory particulars as set out in Articles 4 and 5 must be available at the time of delivery.

TITLE IV

Language in mandatory food information

Article 10. Language in mandatory food information.

The indications for the mandatory food information referred to in Articles 4 and 5 shall be expressed, at least, in Spanish, the official Spanish language of the State.

The provisions of the above paragraph shall not apply to traditional products manufactured and distributed exclusively in the field of an autonomous community with an official language of its own, except as regards the indication of the specific terms referred to in point (c) of Article 9 (1) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011.

TITLE V

Operator responsibilities and obligations

Article 11. Communication to the operator of mandatory food information.

Without prejudice to other responsibilities, food business operators, in accordance with the provisions of Article 8 (6) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 May 2011, In October 2011, they shall ensure that the information relating to the non-packaged food referred to in Article 2.2 is communicated to the food business operator who is to receive the food in order to enable the final consumer to obtain the food. mandatory information provided for in Articles 4 and 5.

Article 12. Conservation of mandatory food information.

In order to allow at any time a proper identification of unpackaged food and those sold in a fractionated manner, the food business operator shall keep at the disposal of the control bodies or of the consumers who request it, the information referred to in Article 11, at least until it can reasonably be assumed that the food has been consumed.