Real Decree 126/2015, On 27 February, Which Approves The General Rule Relating To Food Information Of Foods That Are Presented Unpackaged To The Sale To The Final Consumer And Communities, Of The Packaged In The Luga...

Original Language Title: Real Decreto 126/2015, de 27 de febrero, por el que se aprueba la norma general relativa a la información alimentaria de los alimentos que se presenten sin envasar para la venta al consumidor final y a las colectividades, de los envasados en los luga...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-2293

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

He legislator national, in accordance with it faculty recognized to them States members in the article 14 of the Directive 2000 / 13 / CE of the Parliament European and of the Council, of 20 of March of 2000, for set them modalities of labeling of them products food that is present without Pack for the sale to the consumer end and to them communities, or in them products food packaged in them places of sale to request of the buyer or packaged for its sale immediate, it proceeded to its development in articles 15 and 16 of the abovementioned standard general, even though the general rule of labelling, presentation and advertising of foodstuffs, approved by the Royal Decree 212/1992 of 6 March, already are a collection equivalent obligations.

In the year 2011 is publishes the Regulation (EU) No. 1169 / 2011 of the Parliament European and of the Council, of 25 of October of 2011, on the information food provided to the consumer and by which is modify them regulations (CE) No. 1924 / 2006 and (EC) No. 1925 / 2006 of the Parliament European and of the Council, and by which is repealed the Directive 87 / 250 / EEC of the Commission , Directive 90/496/EEC, Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, directives 2002/67/EC and 2008/5/CE of the Commission, and Regulation (EC) No. 608/2004 of the Commission.

In recital (48) Regulation (EU) No. 1169 / 2011 of the European Parliament and of the Council of 25 October 2011, mentioned that: "Member States should continue to have right, depending on local practical conditions, and the conditions to establish rules regarding the information about non-packaged food. Although in such cases the demand by consumers of other information is limited, it is considered that information about potential allergens is very important. There are indications that the majority of food allergy incidents have their origin in non-packaged food. Therefore, always it must provided to consumer information about potential allergens».

Por_otro_lado, is the article 44 of the cited regulation (EU) No. 1169 / 2011 of the European Parliament and of the Council of 25 October 2011, which refers to national measures concerning non-packaged foods, making compulsory indication of the terms specified in article 9, paragraph 1, point (c)), in the case of foods that are presented unpackaged to sale to the ultimate consumer and to mass caterers , or in the case of foodstuffs packaged on the sales premises at buyer's request or packaged for immediate sale. For other mentions referred to in articles 9 and 10, the community provision includes that they shall not be mandatory, unless Member States adopt national measures requiring its indication. In addition, leave power to the Member States to establish national measures governing media which can be used to present these mentions or parts thereof and, where appropriate, its form of expression and presentation.

Pursuing the improvement of food information that is provided to consumers as the basis for achieving a high level of protection, also attending the sought flexibility as one of the tools necessary to respond to the different modes of supply of food and not forgetting to deepen the necessary balance between the different interests, proceed to the development of requirements relating to food information of foods that are presented unpackaged to the for sale to the final consumer and to mass caterers, and foodstuffs packaged on the sales premises at the request of the purchaser or packed for immediate sale, in accordance with the power granted by the mentioned article 44 of Regulation (EU) No. 1169 / 2011 of the European Parliament and of the Council of 25 October 2011. Information requirements for these foods are also established when they are marketed by means of remote communication, taking into account the peculiarities associated with this type of marketing.

There are Additionally, provisions national and community that established indications compulsory of labelling for certain products food and that are also applicable to them food not packaged. Is for example the case of them food irradiated, them foods that consist of, contain or are manufactured starting from organisms modified genetically, or them food that contain dyes listed in the annex V of the Regulation (EU) No. 1333 / 2008 of the Parliament European and of the Council, of 16 of December of 2008, on additives food. Such demands is are regulated by the corresponding standards specific and although not is reiterated in this real Decree, this not means that not have of be respected and dyed in consideration for the marketing of them food not packaged.

This Royal Decree is run under provisions of the rules cover 13th and 16th in article 149.1 of the Spanish Constitution, which attribute to the State exclusive competence on the bases and coordination of the general planning of the economy, as well as on the bases and overall coordination of health, respectively.

In the process of processing of this Royal Decree have been consulted them communities autonomous and them entities representative of them sectors affected, having issued report favorable the Commission inter-ministerial for the management food.

The present provision has been subject to the procedure planned in the Directive 98 / 34 / CE of the Parliament European and of the Council, of 22 of June of 1998, by which is sets a procedure of information in matter of them standards and regulations technical and of them rules relating to them services of the society of the information, as well as to it willing in the Real Decree 1337 / 1999 , of 31 of July, by which is regulates the referral of information in matter of rules and regulations technical and regulations relating to them services of the society of the information, and that incorporates this directive to the ordering legal Spanish.

By virtue, on the proposal of the Minister of health, social services and equality, of the Minister of industry, energy and tourism, the Minister of agriculture, food and the environment and the Minister of economy and competitiveness, according to the Council of State and after deliberation by the Council of Ministers at its meeting of February 27, 2015, HAVE : Only article. Object.

The Deputy approves rule relating to food information of foods that are presented unpackaged to sale to the final consumer and communities, of the packaged on the sales premises at the request of the buyer, and the packaged by the proprietors of trade to the retail.

Repealing provision. Repealed rules.

Repealing articles 15, 16, 17.3, 17.4 and 17.6, second paragraph, of the general standard for labelling, presentation and advertising of foodstuffs, approved by the Royal Decree 1334 / 1999, 31 July.

First final provision. Title competence.

This Royal Decree is run under provisions of the rules cover 13th and 16th in article 149.1 of the Spanish Constitution, which attribute to the State the exclusive competence on the bases and coordination of the general planning of economic activity and on bases and overall coordination of health, respectively.

Second final provision. Entry in force.

He present Royal Decree will enter in force the day following to the of your publication in the «Bulletin official of the State».

Given in Madrid, on 27 February 2015.

PHILIP R.

The Vice-President of the Government and Minister of the Presidency, SORAYA SAENZ OF SANTAMARIA ANTON STANDARD GENERAL RELATIVE to LA INFORMATION FOOD OF THE FOOD THAT IS PRESENTED WITHOUT PACKAGE FOR SALE at THE CONSUMER END and to THE COMMUNITIES, OF THE PACKAGED IN THE PLACES OF SALE to BUYER's REQUEST, and OF THE PACKAGED BY THE HOLDERS to BY MINOR TITLE PRELIMINARY TRADE , scope and definitions article 1. Object.

The present standard general has as object develop them requirements specific relating to the information food of them food that is present without packaging for the sale to the consumer end and to them communities, of them packaged in them places of sale, to request of the buyer, and of them packaged by them holders of the trade to the by less.

Article 2. Scope of application.

1. present standard general is apply to them operators of companies food in all the phases of the chain food, if their activities affect to the information food provided to the consumer.


2 shall apply, without prejudice to the provisions in the Regulation (EU) No. 1169 / 2011 of the European Parliament and of the Council of 25 October 2011, on food information to the consumer and that amending regulations (EC) No. 1924 / 2006 and (EC) No. 1925 / 2006 of the European Parliament and of the Council, and that repealing Directive 87/250/EEC of the Commission , it directive 90 / 496 / EEC of the Council, it Directive 1999 / 10 / CE of the Commission, the Directive 2000 / 13 / CE of the Parliament European and of the Council, them directives 2002 / 67 / CE, and 2008 / 5 / CE of the Commission, and the Regulation (CE) No. 608 / 2004 of the Commission, and in others standards relating to food concrete, to it information food of all them food destined to the consumer end (including the delivered by communities and the authorities providing for: a) presented unpackaged for sale to the ultimate consumer and to mass caterers;

(b) packaged in those places of sale to request of the buyer;

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

(d) Contemplados in cases earlier and offered for sale by means of distance communication.

Article 3. Definitions.

The following definitions shall apply for the purposes of the provisions of the present rule: 1. the definitions of «food», «food business», «Manager (or operator) of food business», «trade to the retail ', 'marketing' and 'final consumer' of article 2 and article 3, point 2, 3, 7, 8 and 18 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council 28 January 2002, by which establish the principles and General requirements of food law, establishing the European food safety authority and set procedures relating to food safety.

((((((((((((((((2. the definitions of «information food», «information food mandatory», «communities», «food packaging», «ingredient», «place of origin», «ingredient compound», «label», «labeled», «readability», «denomination legal», «denomination usual», «denomination descriptive», «ingredient primary», «nutrient» and «technical of communication to distance» of the article 2, paragraph 2, lyrics to), c), d), e), f), g), h), i), j), m), n), or), p), q), s) and u) of the Regulation (EU) No. 1169 / 2011 of the Parliament European and of the Council , October 25, 2011.

TITLE I information mandatory food CHAPTER I food presented unpackaged and packaged on the sales premises at the request of the purchaser article 4. Requirements of the information food mandatory.

1 mandatory food information of foods that are presented unpackaged to the sale to the final consumer and to the communities and the packaged on the sales premises at buyer's request, shall include at least the following particulars: a) the designation of the food, as established in article 17 of Regulation (EU) No. 1169 / 2011 of the European Parliament and of the Council , of 25 of October of 2011. Such designation shall be accompanied, where appropriate, of the additional mandatory terms for categories or specific kinds of foods refer to points 1, 2, 3 and 4 of annex III to that regulation.

((b) them mentions specific to which is concerns the article 9, paragraph 1, letter c), of the Regulation (EU) No. 1169 / 2011 of the Parliament European and of the Council, of 25 of October of 2011, with a reference clear to it substance or product of that is try according to figure in the annex II of the said regulation.

This indication shall not be required in cases where the designation of the food make reference clearly the substance or product is.

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

(d) the alcoholic beverages with a higher volume setting to the 1.2 per 100.

(e) those other requirements that establish, for this type of sale, the relevant national and EU regulations.

2 the requirements laid down in the preceding paragraphs, with the exception of that referred to in article 9, paragraph 1, point (c)), of Regulation (EU) No. 1169 / of the European Parliament and Council, of October 25, 2011, and as provided in article 4 of the reglamentación in terms of soft drinks, approved by the Royal Decree 650/2011 2011 , of 9 of mayo, not will be applicable in the marketing of them food delivered by the communities that is presented without package.

CHAPTER II food packed by holders of trade to the retail for immediate sale in the establishment or establishments of its article 5 property. Mandatory food information requirements.

1. mandatory food information of foods that are packaged by the proprietors of the trade to the retail for immediate sale in the establishment or establishments of its property shall include, without prejudice to those other requirements that establish the corresponding specific provisions for each food in particular, the indications referred to in articles 9 and 10 of Regulation (EU) No. 1169 / 2011 of the European Parliament and of the Council (, October 25, 2011, except as indicated in article 9, paragraph 1, letter l).

In as to the identification of the food business shall mean, in any case, Packer as laid down in article 9, paragraph 1, letter h), of the Regulation (EU) No. 1169 / 2011 of the European Parliament and of the Council of 25 October 2011.

(2. whenever is assured it information of the buyer, the labeled of bags and others containers that allow to simple view an identification normal of the product and contain fruits, vegetables, tubers or fruits dry, as minimum, must indicate: to) the denomination of the food accompanied, according to appropriate according to them requirements of the normative specific, of the category and it variety or the type commercial and the country of origin.

(b) the net quantity.

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

CHAPTER III availability, placement and presentation of the food information article 6. Availability and placement.

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

2. the indications of the mandatory food information referred in article 4 laid out in form written on labels attached to food or labeled in posters placed at the site where foods are presented for sale, on food or close to it, so that this information meets the requirements of paragraph 1.

3. the indications of the mandatory food information referred in article 5 must appear on the package or on a label attached to it. However, with the exception of the date of minimum durability or the expiration date, the rest of the directions may be labeled posters placed at the site where foods are presented for sale, where this is carried out in the form of sale with seller.

On a self-service basis, the indication of the name of sale for the products listed in article 5(2), may be labeled in posters placed at the site where foods are presented for sale, next to the food in question.

4. where indications of mandatory food information provided for in articles 4 and 5 appear on the package or on a label attached to it, will be printed in characters that use a font size, at least equal to those indicated in article 13, paragraphs 2 and 3, of the Regulation (EU) No. 1169 / 2011 of the European Parliament and of the Council October 25, 2011, according to forecasts that, in each case, set forth in paragraphs above.

5 Notwithstanding the provisions of paragraphs 2 and 3, to provide the information referred to in article 4(2) is allowed the use of other appropriate means provided that they are accessible to the consumer before the end of the Act of purchase and do not pose an additional cost to the consumer, subject to the following requirements: to) information that referred to in article 4(2) may be provided orally always and when: 1 information can be shared easily and when prompted, before the Act of purchase, the staff of the establishment or through alternative means which do not pose an additional cost for the consumer.

2nd information register of written or electronic form on site where foods are offered for sale and is easily accessible both for the staff of the establishment control authorities and consumers who request it.


(b) in the areas of the establishment where food mentioned in article 2.2, are offered for sale should be given so that is easily visible, clearly legible and accessible to consumers, place of the establishment where it is available information article 4(2) refers, or alternatively indicate that consumers may be addressed to the staff for information on substances and products refers to which article 4.2. in them cases in that within a same establishment exist different sections in which is offer for the sale them food mentioned in the article 2.2, them indications that is concerns the paragraph previous must be available in each an of such sections.

((c) the indication referred to in paragraph (b)), it will not be necessary when the information referred to in article 4(2) is facilitated by means of labels attached to food or using posters located next to them in a way that is easily readable by the consumer before the end of the Act of purchase.

((d) the indication referred to in paragraph (b)), shall not be required in the places in which provision of meals specifically tailored to the needs of affected consumers of allergies or food intolerances. However, the information on them substances and products susceptible of cause allergies and intolerances to is concerns the article 4.2 will be available in such establishments and must facilitate is whenever the request them consumers or them authorities of control.

Article 7. Presentation.

In accordance with it planned in the article 13, paragraph 1, of the Regulation (EU) No. 1169 / 2011 of the Parliament European and of the Council, of 25 of October of 2011, the information food compulsory is indicate in a place interest, so is easily visible, clearly legible and, in its case, indelible. In mode some will be disguised, stuffy or separate by any other indication or image, or by any other material interposed.

TITLE II information food voluntary article 8. Applicable requirements.

When in addition to facilitate voluntary 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 information that is not compulsory according to the present rule, be adhered to what is established in articles 36 and 37 of regulation.

When is provided voluntarily it information nutritional, the content of the same is adjusted to it indicated in the article 30, paragraph 5, of the Regulation (EU) No. 1169 / 2011 of the Parliament European and of the Council, of 25 of October of 2011.

TITLE III no packaged foods offered for sale by means of communication at a distance article 9. Availability of mandatory food information.

In the sale through communication to distance of them food mentioned in the article 2.2, the indications of it information food mandatory required under it established in them articles 4 and 5 for each mode of presentation, will be available according to it willing in the article 14, paragraph 1, of the Regulation (EU) No. 1169 / 2011 of the Parliament European and of the Council , October 25, 2011. (However it earlier, the indication relative to the country of origin or place of provenance to which is concerns the article 9, paragraph 1, letter i), of the mentioned regulation, as well as them indications that being mandatory not is listed in said article 9, paragraph 1, may not be available before is perform it buys.

All the mentions required as set out in articles 4 and 5, must be available at the time of delivery.

TITLE IV mandatory food information article 10 language. Language in mandatory food information.

Pertaining to the mandatory food information directions to that referred to in articles 4 and 5 shall be expressed, at least in Spanish, Spanish language official status.

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

TITLE V responsibilities and obligations of the operators article 11. Communication operator of the mandatory food information.

Without prejudice to other responsibilities, the food business operators, in accordance with what is established in article 8, paragraph 6, of the Regulation (EU) No. 1169 / 2011 of the European Parliament and of the Council of 25 October 2011, shall ensure that information concerning not packaged foods referred to in article 2(2) shall be communicated to the food business operator will receive food to facilitate the end consumer information mandatory provided for in articles 4 and 5.

Article 12. Conservation of the mandatory food information.

To allow a correct identification of unpackaged foods and sold at any time fractional way, the food business operator shall keep available of the organs of control or consumers who request it, the information referred to in the article 11, at least until it can be reasonably assume that foods have been consumed.