LABELLING, PRESENTATION AND ADVERTISING OF FOODSTUFFS REGULATIONS

SUBSIDIARY LEGISLATION 449.46

LABELLING, PRESENTATION AND ADVERTISING

OF FOODSTUFFS REGULATIONS

25th November, 2004

LEGAL NOTICE 483 of 2004, as amended by Legal Notices 114 and 339

of 2005, 70 of 2006, 64, 242 and 436 of 2007, 136 of 2008 and 278 of 2013.

1. The title of these regulations is the Labelling, Presentation

and Advertising of Foodstuffs Regulations.

1.1.1

Products which do not comply with the provisions

of these regulations, but which comply with the

provisions of the Labelling, Presentation and

Advertising of Foodstuffs Regulations, 2002 * , and

which have been placed on the market or labelled

prior to the 25th November, 2005 may continue to

be sold while stocks last;

1.1.2

the provisions of subregulation 1.1.1 shall not apply

to the provisions of regulation 17.1, and points 6, 7

and 8 of the Sixth Schedule;

1.1.3

the provisions of regulation 17.1, and points 6, 7

and 8 of the sixth Schedule, shall apply as from the

20th May, 2006, however products which do not

comply with regulation 17.1, and points 6, 7 and 8

of the Sixth Schedule, but which were labelled

before the 20th May, 2006 may be sold while stocks

last.

1.2

These regulations implement the provisions of

(a) Directive 2000/13/EC of the European Parliament and

of the Council of the 20th March, 2000 on the

approximation of the laws of the Member States

relating to the labelling, presentation and advertising

of foodstuffs, as amended by

-

Commission Directive 2001/101/EC of the 26th

November, 2001,

-

Commission Directive 2002/67/EC of the 18th

July, 2002,

-

Directive 2003/89/EC of the European

Parliament and of the Council of the 10th

November, 2003;

(b) Council Directive 89/398/EEC of the 3rd May, 1989

on the approximation of the laws of the Member States

relating to foodstuffs intended for particular

nutritional uses, as amended by

-

Directive 96/84/EC of the European Parliament

and of the Council of the 19th December, 1996,

*Revoked by these regulations.

LABELLING, PRESENTATION

AND ADVERTISING OF FOODSTUFFS

-

Directive 1999/41/EC of the European

Parliament and of the Council of the 7th June,

1999;

(c) Commission Directive 87/250/EEC of the 15th April,

1987 on the indication of alcoholic strength by volume

in the labelling of alcoholic beverages for sale to the

ultimate consumer;

(d) Commission Directive 94/54/EC of the 18th

November, 1994 concerning the compulsory indication

on the labelling of certain foodstuffs of particulars

other than those provided for in Council Directive 79/

112/EEC, as amended by

-

Council Directive 96/21/EC of the 29th March,

1996,

-

Commission Directive 2004/77/EC of the 29th

April , 2004;

(e) Commission Directive 2001/15/EC of the 15th

February, 2001 on substances that may be added for

specific nutritional purposes in foods for particular

nutritional uses, as amended by

-

Commission Directive 2004/5/EC of the 20th

January, 2004;

(f)

Commission Directive 2013/20/EU of 13 May 2013

adapting certain directives in the field of food safety,

veterinary and phytosanitary policy, by reason of the

accession of Croatia.

Categories of Ingredients which may be designated by the Name of the Category

rather than the Specific Name

Definition

Designation

Refined oils other than olive oil

"Oil", together with

- either the adjective "vegetable" or

"animal", as appropriate, or

- an indication of their specific

vegetable or animal origin

The adjective "hydrogenated" must

accompany the indication of a hydrogenated

oil.

Refined fats

"Fat", together with

- either the adjective "vegetable" or

"animal", as appropriate, or

- an indication of their specific

vegetable or animal origin

The adjective "hydrogenated" must

accompany the indication of a hydrogenated

fat.

Mixtures of flour obtained from two or more "Flour", followed by a list of the cereals from

cereal species

which it has been obtained, in descending

order by weight.

Starches, and starches modified by physical "Starch"

means or by enzymes

All species of fish where the fish constitutes "Fish"

a n i n g r e d i e n t o f a n o t h e r f o o d s t u ff a n d

provided that the name and presentation of

such foodstuff does not refer to a specific

species of fish

All types of cheese where the cheese or "Cheese"

mixture of cheeses constitutes an ingredient

of another foodstuff and provided that the

name and presentation of such foodstuff does

not refer to a specific type of cheese

All spices not exceeding 2% by weight of the "Spice(s)" or "mixed spices"

foodstuff

All herbs or parts of herbs not exceeding 2% "Herb(s)" or "mixed herbs"

by weight of the foodstuff

All types of gum preparations used in the "Gum base"

manufacture of gum base for chewing gum

All types of crumbed baked cereal products "Crumbs" or "rusks" as appropriate

All types of sucrose

"Sugar"

A n h y d r o u s d e x t r o s e o r d e x t r o s e "Dextrose"

monohydrate

Glucose syrup and anhydrous glucose syrup "Glucose syrup"

All types of milk protein (caseins, caseinates "Milk proteins"

and whey proteins) and mixtures thereof

Press, expeller or refined cocoa butter

"Cocoa butter"

All types of wine as defined in Council "Wine"

Regulation (EC) No 1493/1999 of l7 May

1999 on the common organisation of the

market in wine ( 1 )

Definition

Designation

Skeletal muscles ( ) of mammalian and bird "........... meat" and the name(s) ( 4 ) of the

s p e c i e s r e c o g n i z e d a s f i t f o r h u m a n animal species from which it comes.

consumptio n with naturally included or

adherent tis sue , where the tota l fat a nd

connective tissue content does not exceed the

values indicated below and where the meat

constitutes an ingredient of another

f o o d s t u ff . T h e p r o d u c t s c o v e r e d b y t h e

European Community definition of

"mechanically recovered meat" are excluded

from this definition.

Maximum fat and connective tissue contents

for ingredients designated by the term ".........

meat".

Species

Fat (%)

Connective

tissue ( 3 )

(%)

Mammals

(other than

rabbits and

porcines) and

mixtures of

species with

mammals

predominating

Porcines

Birds

and

rabbits

If these maximum limits are exceeded, but all

other criteria for the definition of "meat" are

satisfied, the "............. meat" content must

be adjusted downwards accordingly and the

list of ineredients must mention, in addition

to the term "............. meat", the presence of

fat and/or connective tissue.

OJ L 179, 14.7.1999, p.l.

The diaphragm and the masseters are part of the skeletal muscles, while the heart, tongue, the

muscles of the head (other than the masseters), the muscles of the carpus, the tarsus and the tail are

excluded.

The connective tissue content is calculated on the basis of the ratio between collagen content and

meat protein content. The collagen content means the hydroxyproline content multiplied by a factor of 8.

For labeling in English, this designation may be replaced by the generic name of the ingredient for

the animal species concemed.

1. These regulations concern the labelling of foodstuffs to be

delivered as such to the ultimate consumer and certain aspects

relating to the presentation and advertising thereof.

2.2 These regulations shall apply also to foodstuffs intended

for supply to hotels, restaurants, hospitals, canteens and other

similar mass caterers (thereinafter referred to as "mass caterers").

Categories of Ingredients which must be designated by the Name of their Category

followed by their Specific Name or EC Number

Colour

Preservative

Antioxidant

Emulsifier

Thickener

Gelling agent

Stabiliser

Flavour enhancer

Acid

Acidity regulator

Anti-caking agent

Modified starch *

Sweetener

Raising agent

Anti-foaming agent

Glazing agent

Emulsifying salts †

Flour treatment agent

Firming agent

Humectant

Bulking agent

Propellent gas

*The specific name or EC number need not be indicated.

†Only for processed cheeses and products based on processed cheeses.

1. In these regulations, unless the context otherwise requires,

the following definitions shall apply

(a) "labelling" means any words, particulars, trade marks,

brand name, pictorial matter or symbol relating to a

foodstuff and placed on any packaging, document,

notice, label, ring or collar accompanying or referring

to such foodstuff;

(b) "pre-packaged foodstuff" shall mean any single item

for presentation as such to the ultimate consumer and

to mass caterers, consisting of a foodstuff and the

packaging i.nto which it was put before being offered

for sale, whether such packaging encloses the

foodstuff completely or only partially, but in any case

in such a way that the contents cannot be altered

without opening or changing thc packaging;

(c) "ingredient" shall mean any substance, including

additives, used in the manufacture or preparation of a

foodstuff and still present in the finished product, even

if in altered form;

(d) "edible ice" includes ice cream, water ice and fruit ice,

whether alone or in combination, and any similar food;

(e) "confectionery product" means any item of chocolate

confectionery or sugar confectionery;

(f)

"fancy

confectionery

product"

means

any

confectionery product in the form of a figure, animal,

cigarette or egg or in any other fancy form;

(g) "biscuits" includes wafers, rusks, oatcakes and matzos;

(h) "catering establishment" means any restaurant,

canteen, club, public house, school, hospital or similar

establishment (including a vehicle or a fixed or mobile

stall) where, in the course of business, food is prepared

for delivery to the ultimate consumer, and is ready for

consumption without further preparation;

(i)

"cheese" means the fresh or matured product intended

for sale for human consumption, which is obtained as

follows

(i)

in the case of any cheese other than whey

cheese, by the combining, by coagulation or by

any technique involving coagulation, of any of

the following substances: milk, cream, skimmed

milk, partly skimmed milk, concentrated

skimmed milk, reconstituted dried milk, butter

milk, materials obtained from milk, other

ingredients necessary for the manufacture of

cheese provided that those are not used for

replacing, in whole or in part, any milk

constituent, with or without partially draining

the whey resulting from coagulation;

(ii) in the case of whey cheese -

- by concentrating whey with or without the

addition of milk and milk fat, and moulding

such concentrated whey, or

- by coagulating whey with or without the

addition of milk and milk fat;

(j)

"cream" means that part of milk rich in fat which has

been separated by skimming or otherwise and which is

intended for human consumption;

(k) "disease" includes any injury, ailment or adverse

condition, whether of body or mind;

(l)

"flour confectionery" means any cooked food which is

ready for consumption without further preparation

(other than reheating), of which a characterising

ingredient is ground cereal, including shortbread,

sponges, crumpets, muffins, macaroons, ratafias,

pastry and pastry cases, and also includes meringues,

petits fours and uncooked pastry and pastry cases, but

does not include bread, pizzas, biscuits, crispbread,

LABELLING, PRESENTATION

AND ADVERTISING OF FOODSTUFFS

extruded flat bread or any food containing a filling

which has as an ingredient any cheese, meat, offal,

fish, shellfish, vegetable protein material or microbial

protein material;

(m) "ionising radiation" means any gamma rays, X-rays or

corpuscular radiations which are capable of producing

ions either directly or indirectly other than those rays

or radiations which are emitted by measuring or

inspection devices, provided that the dose absorbed is

not greater than 0.01 Gy for inspection devices which

utilise neutrons and 0.5 Gy in other cases, at a

maximum radiation energy level of 10 MeV in the case

of X-rays, 14 MeV in the case of neutrons and 5 MeV

in other cases;

(n) "irradiated" means subjected to treatment by ionising

radiation;

(o) "lot" means a batch of sales units of food produced,

manufactured or packaged under similar conditions;

(p) "lot marking indication" means an indication that

allows identification of the lot to which a sales unit of

food belongs;

(q) "milk" means the milk intended for sale, or sold, for

human consumption of -

(i)

one or more cows, and includes skimmed milk,

semi-skimmed milk and whole milk, or

(ii) one or more ewes, goats or buffaloes;

(r) "prepacked for direct sale" means -

(i)

in relation to a food other than flour

confectionery, bread, and edible ices, prepacked

by a retailer for sale by him on the premises

where the food is packed or from a vehicle or

stall used by him, and

(ii) in relation to flour confectionery, bread and

edible ices, prepacked by a retailer for sale as in

sub-paragraph (i) of this definition, or prepacked

by the producer of the food for sale by him

either on the premises where the food is

produced or on other premises from which he

conducts business under the same name as the

business conducted on the premises where the

food is produced;

(s) "preparation", in relation to food, includes

manufacture and any form of processing or treatment,

and "prepared" shall be construed accordingly;

(t)

"seasonal selection pack" means a pack consisting of

two or more different items of food which are wholly

or partly enclosed in outer packaging decorated with

seasonal designs;

(u) "treating", in relation to disease, includes doing or

providing anything for alleviating the effects of the

disease, whether it is done or provided by way of cure

or not;

(v) "'food for particular nutritional use" means a food

intended for human consumption which -

(i)

owing to its special composition or process of

manufacture, is clearly distinguishable from

food intended for normal human consumption is

suitable for its claimed particular nutritional

purpose, and

(ii) is sold in such a way as to indicate that

suitability;

(w) "community'' means the European Community;

(x) "Member State" shall mean a Member State of the

European Community;

(y) "Directive" means Directive 2000/13/EC of the

European Parliament and of the Council on the

approximation of the laws of the Member States

relating to the labelling, presentation and advertising

of foodstuffs;

(z) "Foodstuffs Directorate" shall mean the Directorate

responsible for foodstuffs within the Malta Standards

Authority;

(aa) "meat" shall mean the flesh of bovines, porcines,

ovines, caprines, poultry or lepines, and presented as

such for sale, but shall exclude prepared products

containing meat as an ingredient.

Amended by

L.N. 339 of 2005;

PART A

L.N. 70 of 2006;

L.N. 436 of 2007.

Designation of Flavourings

Substituted by

in the List of Ingredients

L.N. 136 of 2008.

1. Flavourings shall be designated either by the word "flavouring(s)" or by a

more specific name or description of the flavouring.

2. The word "natural" or any other word having substantially the same

meaning may be used only for flavourings in which the flavouring component

contains exclusively flavouring substances as defined in Article 1(2)(b)(i) of

Council Directive 88/388/EEC of the 22nd June, 1988 on the approximation of the

laws of the Member States relating to flavourings for use in foodstuffs and to source

materials for their production * and/or flavouring preparations as defined in Article

1(2)(c) of the said Directive.

3. If the name of the flavouring contains a reference to the vegetable or animal

nature or origin of the incorporated substances, the word "natural" or any other word

having substantially the same meaning may not be used unless the flavouring

component has been isolated by appropriate physical processes, enzymatic or

microbiological processes or traditional food-preparation processes solely or almost

solely from the foodstuff or the flavouring source concerned.

PART B

Ingredients referred to in regulation 8

1. Cereals containing gluten (i.e. wheat, rye, barley, oats, spelt, kamut or their

hybridized strains) and products thereof, except

(a) wheat-based glucose syrups including dextrose † ;

(b) wheat-based maltodextrins † ;

(c) glucose syrups based on barley;

(d) cereals used for making distillates or ethyl alcohol of agricultural origin

for spirit drinks and other alcoholic beverages.

2. Crustaceans and products thereof.

3. Eggs and products thereof.

4. Fish and products thereof, except

(a) fish gelatine used as carrier for vitamin or carotenoid preparations;

(b) fish gelatine or Isinglass used as fining agent in beer and wine.

5. Peanuts and products thereof.

6. Soybeans and products thereof, except

(a) fully refined soybean oil and fat † ;

(b) natural mixed tocopherols (E306), natural D-alpha tocopherol, natural

D-alpha tocopherol acetate, natural D-alpha tocopherol succinate from

soybean sources;

*OJ L 184, 15.7.1988, p. 61. Directive as amended by Commission Directive 91/71/EEC (OJ L 42,

15.2.1991, p. 25).

†And products thereof, insofar as the process that they have undergone is not likely to increase the level of

allergenicity assessed by the EFSA for the relevant product from which they originated.

(c) vegetable oils derived phytosterols and phytosterol esters from soybean

sources;

(d) plant stanol ester produced from vegetable oil sterols from soybean

sources.

7. Milk and products thereof (including lactose), except

(a) whey used for making distillates or ethyl alcohol of agricultural origin

for spirit drinks and other alcoholic beverages;

(b) lactitol.

8. Nuts, i.e. almonds (Amygdalus communis L.), hazelnuts (Corylus avellana),

walnuts (Juglans regia), cashews (Anacardium occidentale), pecan nuts (Carya

illinoiesis (Wangenh.) K. Koch), Brazil nuts (Bertholletia excelsa), pistachio nuts

(Pistacia vera), macadamia nuts and Queensland nuts (Macadamia ternifolia), and

products thereof, except

(a) nuts used for making distillates or ethyl alcohol of agricultural origin

for spirit drinks and other alcoholic beverages.

9. Celery and products thereof.

10. Mustard and products thereof.

11. Sesame seeds and products thereof.

12. Sulphur dioxide and sulphites at concentrations of more than 10 mg/kg or 10

mg/litre expressed as SO 2 .

13. Lupin and products thereof.

14. Molluscs and products thereof.

1. The labelling and methods used must not

(a) be such as could mislead the purchaser to a material

degree, particularly

(i)

as to the characteristics of the foodstuff and, in

particular, as to its nature, identity, properties,

composition, quantity, durability, origin or

provenance, method of manufacture or

production;

(ii) by attributing to the foodstuff effects or

properties which it does not possess;

(iii) by suggesting that the foodstuff possesses

special characteristics when in fact all similar

foodstuffs possess such characteristics;

(b) subject to other provisions applicable to natural

mineral waters and foodstuffs for particular nutritional

uses, attribute to any foodstuff the property of

preventing, treating or curing a human disease, or refer

to such properties.

4.2 The prohibitions or restrictions referred to in regulation 4.1

shall also apply to

(a) the presentation of foodstuffs, in particular their shape,

appearance or packaging, the packaging materials

used, the way in which they are arranged and the

setting in which they are displayed;

(b) advertising.

Categories of Foodstuffs for Particular Nutritional Uses

Part A

Groups of foodstuffs for particular nutritional uses for which specific provisions

are or will be laid down

Group

Relevant Provisions

Infant Formulae and Follow-on Formulae I n f a n t F o r m u l a e a n d F o l l o w - o n

Formulae Regulations

2. Processed Cereal-based Foods and Baby Processed Cereal-based Foods and

Foods for Infants and Young Children

Other Foods for Infants and Young

Children Regulations

3. F o o d i n t e n d e d f o r U s e i n E n e r g y - Foods Intended for Use in Energy-

Restricted Diets for Weight Reduction

R e s t r i c t e d D i e t s f o r We i g h t

Reduction Regulations

4. D i e t a r y F o o d s f o r S p e c i a l M e d i c a l Dietary Foods for Special Medical

Purposes

Purposes Regulations

5. Foods intended to meet the Expenditure To be adopted

of Intense Muscular Effort, especially for

Sportsmen

Part B

Groups of foodstuffs for particular nutritional uses for which no specific

provisions will be adopted and in respect of which the notification procedure

prescribed by regulation 19.13 is not reguired

1. Foods with a reduced or negligible content of sodium or salt (sodium

chloride, table salt)

2. Gluten-free foods

1. In accordance with regulations 6 to 18 and subject to the

exceptions contained therein, indication of the following

particulars shall be compulsory on the labelling of foodstuffs

(a) the name under which the product is sold;

(b) the list of ingredients;

(c) the quantity of certain ingredients or categories of

ingredients as provided for in regulation 9;

(d) the date of minimum durability or, in the case of

foodstuffs which, from the microbiological point of

view, are highly perishable, the "use by" date;

(e) any special storage conditions or conditions of use;

(f)

the name or business name and address of the

manufacturer or packager, or of a seller established in

Malta or within the European Community, provided

that a post office box shall not be considered to be a

valid address for the purposes of these regulations;

(g) particulars of the place of origin or provenance where

failure to give such particulars might mislead the

consumer to a material degree as to the true origin

orprovenance of the foodstuff;

(h) instructions for use when it would be impossible to

make appropriate use of the foodstuff in the absence of

such instructions;

(i)

with respect to beverages containing more than 1.2%

by volume of alcohol, the actual alcoholic strength by

volume.

5.2 The provisions of regulation 5.1 shall be without prejudice

to other provisions regarding weights and measures.

Rules for the Indication of Alcoholic Strength by Volume in the Labelling of

Alcoholic Beverages for Sale to the Ultimate Consumer

1. Alcoholic strength shall be determined at 20ºC.

2. The figure for alcoholic strength shall be given to not more than one decimal

place. It shall be followed by the symbol "% vol." and may be preceded by the word

"alcohol" or the abbreviation "alc.".

3. The positive and negative tolerances allowed in respect of the indication of

the alcoholic strength by volume shall be as follows expressed in absolute values

(a) Beverages not specified below

0.3% vol.;

(b) Beers having an alcoholic strength not exceeding 5.5% vol.; beverages

classified under subheading 22.07 B II of the Common Customs Tariff

and made from grapes

0.5% vol.;

(c) Beers having an alcoholic strength exceeding 5.5% vol.; beverages

classified under subheading 22.07 B I of the Common Customs Tariff

and made from grapes; ciders, perries, fruit wines and the like, obtained

from fiuits other than grapes, whether or not semi-sparkling or

sparkling; beverages based on fermented honey

1% vol.;

(d) Beverages containing macerated fruit or parts of plants

1.5% vol.

4. The tolerances set out in paragraph 3 shall apply without prejudice to the

tolerances deriving from the method of analysis used for determining the alcoholic

strength.

1. Other provisions applicable to specified foodstuffs and not

to foodstuffs in general may provide for derogations, in exceptional

cases, from the requirements laid down in regulation 5.1(b) and (d),

provided that this does not result in the purchaser being

inadequately informed.

6.2 Other provisions applicable to specified foodstuffs and not

to foodstuffs in general may provide that other particulars in

addition to those listed in regulation 5.1 must appear on the

labelling.

Compulsory Indication on the Labelling of Certain Foodstnffs of Particulars

as required by regulation 17.1

Type or category of foodstuff

Particulars

1. F o o d s t u ff s w h o s e d u r a b i l i t y h a s b e e n "Packaged in a protective atmosphere"

extended by means of packaging gases

authorized pursuant to the Additives in

Food Regulations

2. F o o d s t u f f s c o n t a i n i n g a s w e e t e n e r o r "with sweetener/s"

sweeteners as authorized by the Sweeteners This particular shall accompany the

for Use in Foodstuffs Regulations

name under which the product is sold.

3. Foodstuffs containing both an added sugar "with sugar/s and sweetener/s"

or sugars and a sweetener or sweeteners as This particular shall accompany the

authorized by the Sweeteners for Use in name under which the product is sold.

Foodstuffs Regulations

4. Foodstuffs containing aspartame

"contains a source of phenylalanine"

5. Foodstuffs containing more than 10% added "excessive consumption may produce

polyols

laxative effects"

6. Confectionery or beverages containing The terms "contains liquorice" shall be

glycyrrhizinic acid or its ammonium salt added immediately after the list of

due to the addition of the substance(s) as ingredients, unless the term "liquorice"

such or the liquorice plant Glycyrrhiza i s a l r e a d y i n c l u d e d i n t h e l i s t o f

glabra, at concentration of 100 mg/kg or 10 ingredients or in the name under which

mg/1 or above

the product is sold. In the absence of a

list of ingredients, the particular shall

take place nearby the name under

which the product is sold.

7. Confectionery containing glycyrrhizinic The following message must be added

a c i d o r i t s a m m o n i u m s a l t d u e t o t h e after the list of ingredients: "contains

addition of the substance(s) as such or the l i q u o r i c e - p e o p l e s u ff e r i n g f r o m

l i q u o r i c e p l a n t G l y c y r rh i z a g l a b r a , a t hypertension should avoid excessive

concentrations of 4 g/kg or above

consumption". In the absence of a list

of ingredients, the particular shall take

place nearby the name under which the

product is sold.

8. Beverages containing glycyrrhizinic acid or The following message must be added

its ammonium salt due to the addition of the after the list of ingredients: "contains

substance(s) as such or the liquorice plant l i q u o r i c e - p e o p l e s u ff e r i n g f r o m

Glycyrrhiza glabra, at concentrations of 50 hypertension should avoid excessive

mg/l or above, or of 300 mg/l or above in consumption". In the absence of a list

the case of beverages containing more than of ingedients, the particular shall take

1.2% by volume of alcohol * .

place nearby the name under which the

product is sold.

The level shall apply to the products as proposed ready for consurnption or as reconstituted

according to the instructions of the manufacturers.

1. The name under which a foodstuff is sold shall be the name

provided for in the specific Community provisions applicable to it,

provided that -

(a) in the absence of Community provisions, the name

under which a product is sold shall be the name

provided for in the laws, regulations and

administrative provisions applicable in Malta;

(b) failing this, the name under which a product is sold

shall be the name customary in Malta, or a description

of the foodstuff, and if necessary of its use, which is

clear enough to let the purchaser know its true nature

and distinguish it from other products with which it

might be confused;

(c) the use in Malta of the sales name under which the

product is legally manufactured and marketed in the

Member State of production shall also be allowed.

However, where the application of the other provisions

of these regulations, in particular those set out in

regulation 5.1, would not enable consumers in Malta to

know the true nature of the foodstuff and to distinguish

it from foodstuffs with which they could confuse it, the

sales name shall be accompanied by other descriptive

information which shall appear in proximity to the

sales name;

(d) in exceptional cases, the sales name of the Member

State of production shall not be used in Malta when the

foodstuff which it designates is so different, as regards

its composition or manufacture, from the foodstuff

known under that name that the provisions of

paragraph (c) are not sufficient to ensure correct

information for consumers in Malta

7.2 No trade mark, brand name or fancy name may be

substituted for the name under which the product is sold.

7.3 The name under which the product is sold shall include or

be accompanied by particulars as to the physical condition of the

foodstuff or the specific treatment which it has undergone (e.g.

powdered, freeze-dried, deep-frozen, tenderized, concentrated,

smoked) in all cases where omission of such information could

create confusion in the mind of the purchaser.

(a) Any foodstuff which has been treated with ionizing

radiation shall bear one of the following indications

in Maltese

"ittrattat

bir-radjazzjoni"

or

"ittrattat

b’radjazzjoni jonizzanti",

in English

"irradiated" or "treated with ionizing radiation",

in Italian

"irradiato"

or

"trattato

con

radiazioni

ionizzanti".

(b) Without prejudice to paragraph (a), the list provided

for in the Eighth Schedule specifies the names under

which foodstuff which have been treated with ionizing

radiation are sold in all the European Community

languages.

Amended by

L.N. 64 of 2007.

Substances that may be added for specific nutritional purposes in foods

for particular nutritional uses

For the purposes of this table

"FSMP" means foods for particular nutritional uses intended for special medical

purposes,

"All FPNU" means dietary foods for particular nutritional uses including FSMPs

but excluding infant formulae, follow-on formulae, processed cereal-based foods

and baby foods intended for infants and young children.

Condition of use

Substance

All FPNU

FSMP

Category 1 - Vitamins

VITAMIN A

retinol

x

retinyl acetate

x

retinyl palmitate

x

beta-carotene

x

VITAMIN D

cholecalciferol

x

ergocalciferol

x

VITAMIN E

D-alpha-tocopherol

x

DL-alpha-tocopherol

x

D-alpha-tocopheryl acetate

x

DL-alpha-tocopheryl acetate

x

D-alpha-tocopheryl acid succinate

x

VITAMIN K

phylloquinone (phytomenadione)

x

VITAMIN B1

thiamin hydrochloride

x

thiamin monoitrate

x

VITAMIN B2

riboflavin

x

riboflavin 5'-phosphate, sodium

x

NIACIN

Condition of use

Substance

All FPNU

FSMP

nicotinic acid

x

nicotinamide

x

PANTOTHENIC ACID

D-pantothenate, calcium

x

D-pantothenate, sodium

x

dexpanthenol

x

VITAMIN B6

pyridoxine hydrochloride

x

pyridoxine 5'-phosphate

x

pyridoxine dipalmitate

x

FOLATE

calcium-L-methylfolate

x

pteroylmonoglutamic acid

x

VITAMIN B 12

cyanocobalamin

x

hydroxocobalarmin

x

BIOTIN

D-biotin

x

VITAMIN C

L-ascorbic acid

x

sodium L-ascorbate

x

calcium L-ascorbate

x

potassium L-ascorbate

x

L-ascorbyl 6-palmitate

x

Category 2 - Minerals

CALCIUM

carbonate

x

chloride

x

salts of citric acid

x

gluconate

x

glycerophosphate

x

lactate

x

salts of orthophosphoric acid

x

Condition of use

Substance

All FPNU

FSMP

hydroxide

x

oxide

x

sulphate

x

MAGNESIUM

magnesium L-aspartate

x

acetate

x

carbonate

x

chloride

x

salts of citric acid

x

gluconate

x

glycerophosphate

x

salts of orthophosphoric acid

x

lactate

x

hydroxide

x

oxide

x

sulphate

x

IRON

ferrous bisglycinate

x

ferrous carbonate

x

ferrous citrate

x

ferric ammonium citrate

x

ferrous gluconate

x

ferrous fumarate

x

ferric sodium diphosphate

x

ferrous lactate

x

ferrous sulphate

x

ferric diphosphate (ferric pyrophosphate)

x

ferric saccharate

x

elemental iron (carbonyl + electrolytic + hydrogen

x

reduced)

COPPER

cupric carbonate

x

cupric citrate

x

cupric gluconate

x

cupric sulphate

x

copper lysine complex

x

IODINE

Condition of use

Substance

All FPNU

FSMP

potassium iodide

x

potassium iodate

x

sodium iodide

x

sodium iodate

x

ZINC

acetate

x

chloride

x

citrate

x

gluconate

x

lactate

x

oxide

x

carbonate

x

sulphate

x

MANGANESE

carbonate

x

chloride

x

citrate

x

gluconate

x

glycerophosphate

x

sulphate

x

SODIUM

bicarbonate

x

carbonate

x

chloride

x

citrate

x

gluconate

x

lactate

x

hydroxide

x

salts of orthophosphoric acid

x

POTASSIUM

bicarbonate

x

carbonate

x

chloride

x

citrate

x

gluconate

x

glycerophosphate

x

Condition of use

Substance

All FPNU

FSMP

lactate

x

hydroxide

x

salts of orthophosphoric acid

x

SELENIUM

sodium selenate

x

sodium hydrogen selenate

x

sodium selenite

x

CHROMIUM (III) and their hexahydrates

chloride

x

sulphate

x

MOLYBDENUM (VI)

ammonium molybdate

x

sodium molybdate

x

FLUORINE

potassium fluoride

x

sodium fluoride

x

Category 3 - Amino acids

L-alanine

x

L-arginine

x

L-aspartic acid

x

L-citrulline

x

L-cysteine

x

Cystine

x

L-histidine

x

L-glutamic acid

x

L-glutamine

x

glycine

x

L-isoleucine

x

L-leucine

x

L-lysine

x

L-lysine acetate

x

L-methionine

x

L-ornithine

x

L-phenylalanine

x

L-proline

x

Condition of use

Substance

All FPNU

FSMP

L-threonine

x

L-trytophan

x

L-tyrosine

x

L-valine

x

L-serine

x

L-arginine-L-aspartate

x

L-lysine-L-aspartate

x

L-lysine-L-glutamate

x

N-acetyl-L-cysteine

x

N-acetyl-L-methionine

x in products

intended for

persons over

1 year of age

For amino acids, as far as applicable, also the

sodium, potassium, calcium and magnesium salts

as well as their hydrochlorides may be used

Category 4 - Carnitine and taurine

L-carnitine

x

L-carnitine hydrochloride

x

taurine

x

L-camitine-L-tartrate

x

Category 5 - Nucleotides

adenosine 5'-phosphoric acid (AMP)

x

sodium salts of AMP

x

cytidine 5'-monophosphoric acid (CMP)

x

sodium salts of CMP

x

guanosine 5'-phosphoric acid (GMP)

x

sodium salts of GMP

x

inosine 5'-phosphoric acid (IMP)

x

sodium salts of IMP

x

uridine 5'-phosphoric acid (UMP)

x

sodium salts of UMP

x

Category 6 - Choline and inositol

choline

x

choline chloride

x

choline bitartrate

x

choline citrate

x

Condition of use

Substance

All FPNU

FSMP

inositol

x

1. Ingredients shall be listed in accordance with this

regulation and the First, Second and Third (Parts A and B)

Schedules.

8.2

Ingredients need not be listed in the case of

(a)

-

fresh fruit and vegetables, including potatoes,

which have not been peeled, cut or similarly

treated,

-

carbonated water, the description of which

indicates that it has been carbonated and to

which no other ingredient has been added,

-

any drink with an a1coholic strength by volume

of more than 1.2%,

-

fermentation vinegars derived exclusively from

a single basic product, provided that no other

ingredient has been added;

(b)

-

cheese,

-

butter,

-

fermented milk and cream,

-

provided that no ingredient has been added other

than lactic products, enzyrnes and micro-

organism cultures essential to manufacture, or

the salt needed for the manufacture of cheese

other than fresh cheese and processed cheese;

(c) products comprising a single ingredient, where

-

the trade name is identical with the ingredient

name, or

-

the trade name enables the nature of the

ingredient to be clearly identified.

Provided that any ingredient, as defined in regulation 3.1(c)

and listed in Part B of the Third Schedule, shall be indicated on the

labelling where it is present in beverages referred to in paragraph

(a). This indication shall comprise the word "contains" followed by

the name of the ingredient(s) concerned. However, an indication is

not necessary when the ingredient is already included under its

specific name in the list of ingredients or in the name under which

the beverage is sold.

8.3 Where an ingredient of the foodstuff is itself the product of

several ingredients, the latter shall be regarded as ingredients of the

foodstuff in question.

8.4

The following shall not be regarded as ingredients

(i)

the constituents of an ingredient which have been

temporarily separated during the manufacturing

process and later reintroduced but not in excess of

their original proportions;

(ii) additives

-

whose presence in a given foodstuff is solely due

to the fact that they were contained in one or

more ingredients of that foodstuff, provided that

they serve no technological function in the

finished product,

-

which are used as processing aids;

(iii) substances used in the quantities strictly necessary as

solvents or media for additives or flavouring;

(iv)

substances which are not additives but are used in the

same way and with the same purpose as processing

aids and are still present in the finished product, even

if in altered form.

8.5 The list of ingredients shall include all the ingredients of

the foodstuff, in descending order of weight, as recorded at the time

of their use in the manufacture of the foodstuff. It shall appear

preceded by a suitable heading which includes the word

"ingredients".

However

-

added water and volatile products shall be listed in

order of their weight in the finished product; the

amount of water added as an ingredient in a foodstuff

shall be calculated by deducting from the total amount

of the finished product the total amount of the other

ingredients used. This amount need not be taken into

consideration if it does not exceed 5% by weight of the

finished product,

-

ingredients used in concentrated or dehydrated form

and reconstituted at the time of manufacture may be

listed in order of weight as recorded before their

concentration or dehydration,

-

in the case of concentrated or dehydrated foods which

are intended to be reconstituted by the addition of

water, the ingredients may be listed in order of

proportion in the reconstituted product provided that

the list of ingredients is accompanied by an expression

such as "ingredients of the reconstituted product", or

"ingredients of the ready-to-use product",

-

where fruit, vegetables or mushrooms, none of which

significantly predominates in terms of weight and

which are used in proportions that are likely to vary,

are used in a mixture as ingredients of a foodstuff, they

may be grouped together in the list of ingredients

under the designation "fruit", "vegetables" or

"mushrooms" followed by the phrase "in varying

proportions", immediately followed by a list of the

fruit, vegetables or mushrooms present; in such cases,

the mixture shall be included in the list of ingredients

in accordance with the first subparagraph, on the basis

of the total weight of the fruit, vegetables or

mushrooms present;

-

in the case of mixtures of spices or herbs, where none

significantly predominates in proportion by weight,

those ingredients may be listed in another order

provided that that list of ingredients is accompanied by

an expression such as "in variable proportion",

-

ingredients constituting less than 2% of the finished

product may be listed in a different order after the

other ingredients,

-

where ingredients which are similar or mutually

substitutable are likely to be used in the manufacture

or preparation of a foodstuff without altering its

composition, its nature or its perceived value. and in

so far as they constitute less than 2% of the finished

product, they may be referred to in the list of

ingredients by means of the phrase "contains ...... and/

or ..........", where at least one of no more than two

ingredients is present in the finished product. This

provision shall not apply to additives or to ingredients

listed in Part B of the Third Schedule.

8.6 Ingredients shall be designated by their specific name,

where applicable, in accordance with the rules laid down in

regulations 7.1 to 7.4.

However

-

ingredients which belong to one of the categories

listed in the First Schedule and are constituents of

another foodstuff need only be designated by the name

of that category; however, the designation "starch"

listed in the First Schedule must always be

complemented by the indication of its specific

vegetable origin, when that ingredient may contain

gluten,

-

ingredients belonging to one of the categories listed in

the Second Schedule must be designated by the name

of that category, followed by their specific name or EC

number; if an ingredient belongs to more than one of

the categories, the category appropriate to the

principal function in the case of the foodstuff in

question shall be indicated; however, the designation

"modified starch" listed in the Second Schedule must

always be complemented by the indication of its

specific vegetable origin, when that ingredient may

contain gluten,

-

flavourings shall be designated in accordance with

Part A of the Third Schedule, provided that quinine

and/or caffeine used as a flavouring in the production

or preparation of a foodstuff must be mentioned by

name in the list of ingredients indicated in regulation

5.1 , immediately after the term "flavouring".

8.7 Other provisions may lay down that the name under which

a specific foodstuff is sold is to be accompanied by mention of a

particular ingredient or ingredients.

8.8 In the case referred to in regulation 8.3, a compound

ingredient may be included in the list of ingredients, under its own

designation in so far as this is laid down by law or established by

custom, in terms of its overall weight, provided that it is

immediately followed by a list of its ingredients.

Such a list, however, shall not be compulsory

(a) where the composition of the compound ingredient is

defined in current Community legislation, and in so far

as the compound ingredient constitutes less than 2% of

the finished product; however, this provision shall not

apply to additives, subject to regulation 8.4,

(b) for compound ingredients consisting of mixtures of

spices and/or herbs that constitute less than 2% of the

finished product, with the exception of additives,

subject to regulation 8.4,

(c) where the compound ingredient is a foodstuff for

which a list of ingredients is not required under

Community legislation.

8.9 Notwithstanding regulation 8.5 the water content need not

be specified

(a) where the water is used during the manufacturing

process solely for the reconstitution of an ingredient

used in concentrated or dehydrated form;

(b) in the case of a liquid medium which is not normally

consumed.

8.10 Notwithstanding regulation 8.2, the second subparagraph

of regulation 8.6 and the second subparagraph of regulation 8.8,

any ingredient used in the production of a foodstuff and still

present in the finished product, even if in altered form, and listed in

Part B of the Third Schedule or originating from an ingredient

listed in Part B of the Third Schedule shall be indicated on the label

with a clear reference to the name of this ingredient.

Provided that,

-

the indication referred to in the first subparagraph

shall not be requ.ired if the name under which the

foodstuff is sold clearly refers to the ingredient

concerned;

-

notwithstanding regulation 8.4 (ii), (iii) and (iv), any

substance used in production of a foodstuff and still

present in the finished product, even if in altered form,

and originating from ingredients listed in Part B of the

Third Schedule shall be considered as an ingredient

and shall be indicated on the label with a clear

reference to the name of the ingredient from which it

originates;

-

in the case of foodstuffs delivered to the ultimate

consumer by mass caterers, the provisions of this

subregulation shall be deemed to have been complied

with if the mass caterer informs the consumer, upon

request, of the presence or absence of any

ingredient(s) listed in Part B of the Third Schedule.

LABELLING, PRESENTATION

AND ADVERTISING OF FOODSTUFFS

Added by

L.N. 242 of 2007.

Substituted by

L.N. 278 of 2013.

Names under which foodstuff which have been treated with ionizing radiation

are sold in all the European Community languages

'in Bulgarian

'облъчено' or 'обработено с йонизиращо лъчение',

in Spanish

'irradiado' or 'tratado con radiación ionizante',

in Czech

'ozářeno' or 'ošetřeno ionizujícím zářením',

in Danish

'bestrålet/…' or 'strålekonserveret' or 'behandlet med ioniserende stråling' or

'konserveret med ioniserende stråling',

in German

'bestrahlt' or 'mit ionisierenden Strahlen behandelt',

in Estonian

'kiiritatud' or 'töödeldud ioniseeriva kiirgusega',

in Greek

'επεξεργασμένο με ιονίζουσα ακτινοβολία' or 'ακτινοβολημένο',

in English

'irradiated' or 'treated with ionising radiation',

in French

'traité par rayonnements ionisants' or 'traité par ionisation',

in Croatian

'konzervirano zračenjem' or 'podvrgnuto ionizirajućem zračenju',

in Italian

'irradiato' or 'trattato con radiazioni ionizzanti',

in Latvian

'apstarots' or 'apstrādāts ar jonizējošo starojumu',

in Lithuanian

'apšvitinta' or 'apdorota jonizuojančiąja spinduliuote',

in Hungarian

'sugárkezelt'or 'ionizáló energiával kezelt',

in Maltese

'ittrattat bir-radjazzjoni' or 'ittrattat b'radjazzjoni jonizzanti',

in Dutch

'doorstraald' or 'door bestraling behandeld' oder 'met ioniserende stralen

behandeld',

in Polish

'napromieniony' or 'poddany działaniu promieniowania jonizującego',

in Portuguese

'irradiado' or 'tratado por irradiação' or 'tratado por radiação ionizante',

in Romanian

'iradiate' or 'tratate cu radiaţii ionizate',

in Slovak

'ošetrené ionizujúcim žiarením',

in Slovenian

'obsevano' or 'obdelano z ionizirajočim sevanjem',

in Finnish

'säteilytetty' or 'käsitelty ionisoivalla säteilyllä',

in Swedish

'bestrålad' or 'behandlad med joniserande strålning'.

1. The quantity of an ingredient or category of ingredients

used in the manufacture or preparation of a foodstuff shall be

stated.

9.2 The indication referred to in regulation 9.1 shall be

compulsory

(a) where the ingredient or category of ingredients

concerned appears in the name under which the

foodstuff is sold or is usually associated with that

name by the consumer; or

(b) where the ingredient or category of ingredients

concerned is emphasised on the labelling in words,

pictures or graphics; or

(c) where the ingredient or category of ingredients

concerned is essential to characterise a foodstuff and

to distinguish it from products with which it might be

confused because of its name or appearance; or

(d) in the cases determined in accordance with the

procedure laid down in Article 20(2) of the Directive.

Regulation 9.2 shall not apply

(a) to an ingredient or category of ingredients

-

the drained net weight of which is indicated in

accordance with regulation 10.4, or

-

the quantities of which are already required to be

given on the labelling under Community

provisions, or

-

which is used in small quantities for the

purposes of flavouring, or

-

which, while appearing in the name under which

the food is sold, is not such as to govern the

choice of the consumer in Malta because the

variation in quantity is not essential to

characterise the foodstuff or does not distinguish

it from similar foods;

-

where specific Community provisions stipulate

precisely the quantity of an ingredient or of a

category of ingredients without providing for the

indication thereof on the labelling;

(b) in the cases referred to in the fourth and fifth indents

of regulation 8.5;

(c) in the cases determined in accordance with the

procedure laid down in Article 20(2) of the Directive.

9.4 The quantity indicated, expressed as a percentage, shall

correspond to the quantity of the ingredient or ingredients at the

time of its/their use. However, other provisions, adopted in

accordance with the procedure laid down in Article 20(2) of the

Directive, may allow for derogations from this principle for certain

foodstuffs.

The indication referred to in regulation 9.1 shall appear

either in or immediately next to the name under which the foodstuff

is sold or in the list of ingredients in connection with the ingredient

or category of ingredients in question.

9.6 The provisions of regulations 9.1 to 9.5 shall apply without

prejudice to the Nutrition Labelling for Foodstuffs Regulations.

Added by

L.N. 242 of 2007.

Substituted by

L.N. 278 of 2013.

Term of the ‘use by’ date in all the European Community languages

'in Bulgarian: 'използвай преди',

in Spanish: 'fecha de caducidad',

in Czech: 'spotřebujte do',

in Danish: 'sidste anvendelsesdato',

in German: 'verbrauchen bis',

in Estonian: 'kõlblik kuni',

in Greek: 'ανάλωση μέχρι',

in English: 'use by',

in French: 'à consommer jusqu'au',

in Croatian: 'upotrijebiti do',

in Italian: 'da consumare entro',

in Latvian: 'izlietot līdz',

in Lithuanian: 'tinka vartoti iki',

in Hungarian: 'fogyasztható',

in Maltese: 'uża sa',

in Dutch: 'te gebruiken tot',

in Polish: 'należy spożyć do',

–

in Portuguese: 'a consumir até',

–

in Romanian: 'expiră la data de',

–

in Slovak: 'spotrebujte do',

–

in Slovenian: 'porabiti do',

–

in Finnish: 'viimeinen käyttöajankohta',

–

in Swedish: 'sista förbrukningsdag'.

1. The date of minimum durability of a foodstuff shall be the

date until which the foodstuff retains its specific properties when

properly stored. It shall be indicated in accordance with regulations

10.2 to 10.5.

10.2 The date shall be preceded by the words

-

"Best before ........" when the date includes an

indication of the day,

-

"Best before end ........" in other cases.

10.3 The words referred to in regulation 10.2 shall be

accompanied by

-

either the date itself, or

-

a reference to where the date is given on the labelling.

If need be, these particulars shall be followed by a

description of the storage conditions which must be observed if the

product is to keep for the specified period.

10.4 The date shall consist of the day, month and year in

uncoded chronological form.

However, in the case of foodstuffs

-

which will not keep for more than three months, an

indication of the day and the month will suffice,

-

which will keep for more than three months but not

more than eighteen months, an indication of the month

and year will suffice,

-

which will keep for more than eighteen months, an

indication of the year will suffice.

10.5 Subject to other provisions imposing other types of date

indication, an indication of the durability date shall not be required

for

-

fresh fruit and vegetables, including potatoes, which

have not been peeled, cut or similarly treated. This

derogation shall not apply to sprouting seeds and

similar products such as legume sprouts,

-

wines, liqueur wines, sparkling wines, aromatised

wines and similar products obtained from fruits other

than grapes, and beverages falling within CN

Guidelines 2206 00 91, 2206 00 93 and 2206 00 99 and

manufactured from grapes or grape musts,

-

beverages containing 10 ølo or more by volume of

alcohol,

-

soft drinks, fruit juices, fruit nectars and alcoholic

beverages in individual containers of more than five

litres, intended for supply to mass caterers,

-

bakers’ or pastry cooks’ wares which, given the nature

of their content, are normally consumed within

twenty-four hours of their manufacture,

-

vinegar,

-

cooking salt,

-

solid sugar,

-

confectionery products consisting almost solely of

flavoured and/or coloured sugars,

-

chewing gums and similar chewing products,

-

individual portions of ice-cream.

1. In the case of foodstuffs which, from the microbiological

point of view, are highly perishable and are therefore likely after a

short period to constitute an immediate danger to human health, the

date of minimum durability shall be replaced by the "use by" date.

11.2 (a) The date shall be preceded by the words

in Maltese

"u\a sa",

in English

"use by",

in Italian

"da consumare entro".

(b) These words shall be accompanied by

(i) either the date itself, or

(ii) a reference to where the date is given on the

labelling.

(c) These particulars shall be followed by a description of

the storage conditions which must be observed.

(d) Without prejudice to paragraph (a), the list provided

for in the Ninth Schedule specifies the term of the ‘use

by’ date in all the European Community languages.

11.3 The date shall consist of the day, the month and, possibly,

the year, in that order and in uncoded form.

11.4 The 'use by' date or minimum durability date, as the case

may be, shall be deterrnined by the manufacturer or packer of the

product.

11.5 No person may sell any food after the date shown in a 'use

by' date relating to it.

1. The instructions for use of a foodstuff shall be indicated in

such a way as to enable appropriate use to be made thereof.

12.2 Other provisions may, in the case of certain foodstuffs,

specify the way in which the instructions for use should be

indicated.

1. The rules concerning indication of the alcoholic strength

by volume shall, in the case of products covered by tariff heading

Nos 22.04 and 22.05, be those laid down in the specific provisions

applicabie to such products.

13.2 In the case of other beveragcs containing more than 1.2%

by volume of alcohol, these rules shall be those laid down in the

Fifth Schedule.

1. When the foodstuffs are prepackaged, the particulars

provided for in regulations 5.1 and 6.2 shall appear on the

prepackaging or on a label attached thereto.

14.2 Notwithstanding regulation 14.1 and without prejudice to

other provisions on nominal quantities, where prepackaged

foodstuffs are -

-

intended for the ultimate consumer but marketed at a

stage prior to sale to the ultimate consumer and where

sale to a mass caterer is not involved at that stage,

-

intended for supply to mass caterers for preparation,

processing, splitting or cutting up,

the particulars required under regulations 5.1 and 6.2 need appear

only on the commercial documents referring to the foodstuffs

where it can be guaranteed that such documents, containing all the

labelling information, either accompany the foodstuffs to which

they refer or were sent before or at the same time as delivery.

14.3 In the case referred to in regulation 14.2, the particulars

referred to in regulation 5.1(a), (d) and (f) and, where appropriate,

that referred to in regulations 11.1 to 11.3, shall also appear on the

external packaging in which the foodstuffs are presented for

marketing.

14.4 The particulars mentioned in regulations 5.1 and 6.2 shall

be easy to understand and marked in a conspicuous place in such a

way as to be easily visible, clearly legible and indelible. They shall

not in any way be hidden, obscured or interrupted by other written

or pictorial matter.

14.5 The particulars listed in regulation 5.1(a), (d) and (i) shall

appear in the same field of vision.

14.6 In the case of the glass bottles intended for re-use which

are indelibly marked and which therefore bear no label, ring or

collar and packaging or containers the largest surface of which has

an area of less than 10 cm 2 only the particulars listed in regulation

5.1(a) and (d) need be given. In this case, regulation 14.5 shall not

apply.

14.7 Where a beverage which is intended for consumption

without modification, or after reconstitution of the concentrated or

dried product, contains caffeine, from whatever source, in a

proportion in excess of 150 mg/l, the following message must

appear on the label in the same field of vision as the name under

which the product is sold: ‘High caffeine content’. This message

shall be followed, in brackets and in accordance with regulation

14.4, by the caffeine content expressed in mg/100 ml, provided

LABELLING, PRESENTATION

AND ADVERTISING OF FOODSTUFFS

14.7.1 this regulation shall not apply to beverages based

on coffee, tea or coffee or tea extract where the

name under which the product is sold includes the

term ‘coffee’ or ‘tea’ .

Provided that products which do not comply with this regulation

and which were labelled before 1 July 2004 may be marketed until

stocks last.

1. The provisions of this regulation shall apply without

prejudice to the requirements of regulation 8.10.

15.2 The following foods need not be marked or labelled with

any of the particulars specified in regulation 5.1 except the name of

the food

(a) food which is

(i) not prepacked, or

(ii) prepacked for direct sale,

other than any such food to which paragraphs 15.13,

15.14, 15.15 or 15.17 apply;

(b) any flour confectionery which is packed in a crimp

case only or in wholly transparent packaging which is

either unmarked or marked only with an indication of

the price of the food and any lot marking indication

given in accordance with regulation 16.1, if there is

not attached to the flour confectionery or its packaging

any document, notice, label, ring or collar (other than a

label or labels on which only the price of the food and

any lot marking indications are marked); and

(c) individually wrapped sugar or chocolate confectionery

products, including boiled sweets and chocolates

weihing less than 50g per item, which are not enclosed

in any further packaging when sold to the ultimate

consumer and which are intended for sale as single

items or by number.

15.3 Food which has not been irradiated and which is -

(a) not intended for sale, or

(b) white bread or flour confectionery, or

(c) carcasses and parts of carcasses which are not intended

for sale in one piece,

need not be marked or labelled with any of the particulars specified

in regulation 5.1.

15.4 Any food which -

(a) by virtue of regulations 15.2 or 15.3 alone is not

marked or labelled with a list of ingredients, and

(b) contains any additive which -

(i)

but for regulations 15.2 or 15.3, would be

required to be named in the list of ingredients of

the food, and

(ii) was added to or used in the food or an ingredient

of the food to serve the function of an

antioxidant,

colour,

flavouring,

flavour

enhancer, preservative or sweetener,

shall be marked or labelled with an indication of every such

category of additive that is contained in the food.

15.5 Any edible ice or flour confectionery which, but for this

regulation, would be required to be marked or labelled in

accordance with regulation 15.4 need not be marked or labelled if

there is displayed in a prominent position near the edible ice or

flour confectionery a notice stating, subject to regulation 15.6, that

edible ices or flour confectionery, as the case may be, sold at the

establishment where the notice is displayed may contain such

categories of additives.

15.6 Where, in the circumstances described in regulations 15.4

or 15.5, an additive serves more than one of the functions specified

in the said regulation 15.4, it shall only be necessary to indicate

that category which represents the principal function served by the

additive in the food or ingredient to which it was added or in which

it was used.

15.7 Regulations 15.4, 15.5 and 15.6 do not apply to food which

is not intended for sale.

15.8 Subject to regulation 15.9, any food which -

(a) by virtue of regulations 15.4, 15.5, 15.6 or 15.7 alone

is exempted from the requirement to be marked or

labelled with a list of ingredients, and

(b) contains any ingredient which has been irradiated (and

which comprises a particular with which, had that food

not been subject to that exemption, the food would

have been required by these regulations to be marked

or labelled),

shall be marked or labelled with an indication that it contains that

ingredient, and in such a case the reference within that indication to

that ingredient shall include or be accompanied by the word

"irradiated" or the words "treated with ionising radiation".

15.9 Regulation 15.8 does not apply to food which is not

intended for sale.

15.10 Subject to regulations 15.11 or 15.12, any pre-packed

food, either contained in an indelibly marked glass bottle intended

for re-use and having no label, ring or collar, or the largest surface

of whose packaging has an area of less than ten square centimetres,

need not by virtue of thcse regulations be marked or labelled with

any of the particulars specified in regulation 5.1 except the name of

the food and, unless the food is not required to be marked or

labelled with such an indication, the appropriate durability

indication.

15.11 Subject to regulation 15.12, any pre-packed food which -

(a) is sold or supplied as an individual portion, and

(b) is intended as a minor accompaniment to either -

(i) another food, or

(ii) another service,

need not be marked or labelled with any of the particulars specified

in regulation 5.1 except the name of the food. Such pre-packed

food shall include butter and other fat spreads, milk, cream and

cheeses, jams and marmalades, mustards, sauces, tea, coffee and

sugar, and such other service shall include the provision of sleeping

accommodation at an hotel or other establishment at which such

accommodation is provided by way of trade or business.

15.12 Regulations 15.10 and 15.11 do not apply to any food to

which regulations 15.2, 15.3, 15.13, 15.14 or 15.15 apply.

15.13 Subject to regulations 15.14 and 15.15, any food which is

sold at a catering establishment and is either -

(a) not pre-packed, or

(b) pre-packed for direct sale,

need not be marked or labelled with any of the particulars specified

in regulation 5.1.

15.14 In the case of any such food which has been irradiated that

food shall be marked or labelled with an indication of such

treatment, which indication shall include or be accompanied by the

word "irradiated" or the words "treated with ionising radiation".

15.15 In the case of any such food which contains an ingredient

which has been irradiated, that food shall be marked or labelled

with an indication that it contains that ingredient and reference

within that indication to that ingredient shall include or be

accompanied by the word "irradiated" or the words "treated with

ionising radiation".

15.16 The outer packaging of a seasonal selection pack need not

be marked or labelled with any of the particulars specified by these

regulations, provided that each item contained in the pack is

individually pre-packed and is marked or labelled in accordance

with the provisions of these regulations or any other regulations

applying to such items.

15.17. Meat that is

(i)

not prepacked, or

(ii)

prepacked for direct sale,

shall be marked or labelled at the point of sale with the following

particulars in addition to those specified in regulation 15.2

(a) a statement stating the presence of added water or

other ingredients, if such water or other ingredients

have been added to the meat at any stage prior to sale

to the ultimate consumer;

(b) a declaration stating the amount of added water, if

applicable, expressed as a percentage by weight of the

product as offered for sale to the ultimate consumer.

15.18 Regulation 15.17 shall not apply where the only other

ingredients added to meat are salt, spices or herbs in small

quantities exclusively for the purposes of flavouring.

1. Subject to the provisions of paragraph 16.6, no person may

sell or offer for sale any food which forms part of a lot unless it is

accompanied by a lot marking indication.

16.2 The lot to which the food in the sales unit belongs shall be

determined by the producer, manufacturer, packager or the first

seller in Malta of the food.

16.3 A lot marking indication must be determined and affixed

under the responsibility of one of the operators specified in

regulation 16.2.

16.4 The lot marking indication must be preceded by the letter

'L', except where the indication is clearly distinguishable from

other indications on the packaging of the food or on an attached

label.

16.5 In the case of prepacked food, the lot marking indication

must appear on the packaging of the food or on a label attached to

it. For non-pre-packaged food the indication must appear on the

container of the food or on a commercial document that

accompanies the food. The indication must be easily visible, clearly

legible and indelible.

16.6 The following foodstuffs need not be marked with a lot

marking indication

(a) agricultural products which, on leaving the production

holding, are -

(i)

sold or delivered to a temporary storage,

preparation or packaging station or to a

producer's organisation, or

(ii) collected for immediate integration into an

operational preparation or processing system;

(b) food which is intended to be sold to the ultimate

consumer and which is not prepacked, is packed at the

request of the purchaser or is prepacked for immediate

sale;

(c) food in a container where the area of the largest side is

less than 10 square centimetres;

(d) prepacked food which is sold as an individual portion

for immediate consumption and which is intended as a

minor accompaniment to another food or another

service;

(e) individual portions of edible ices supplied to the seller

in bulk packaging which contains more than one such

portion, provided that the bulk packaging must bear

the lot marking indication;

(f)

food which is marked or labelled with the minimum

durability or ‘use by’ date where this consists of at

least an uncoded indication of the day and month in

that order, whether or not this is required by these

regulations.

1. The labelling of foodstuffs falling within one of the

categories given in the Sixth Schedule must contain the additional

particulars as set out in that Schedule.

1. Subject to the provisions of regulations 18.2, 18.3 and

18.6, the particulars given according to the provisions of these

regulations shall appear in at least one of the following languages

Maltese, English, Italian.

18.2 Regulation 18.1 shall not apply in the case of the following

products

(a) foodstuffs registered in terms of Council Regulation

2081/92 regarding the protection of origin and

geographical indications for agricultural products and

foodstuffs;

(b) foodstuffs registered in terms of Council Regulation

2082/92 regarding certificates of specific character for

agricultural products and foodstuffs;

(c) foodstuffs for which specific permitted languages are

prescribed by other provisions.

18.3 The Food Safety Commission may, on the advice of the

Malta Standards Authority, exempt specific categories of foodstuffs

from the language requirement prescribed by regulation 18.1,

provided that such exemptions may only be given to categories of

foodstuffs and not to individual products.

18.4 Any exemptions issued by virtue of regulation 18.3 shall

ensure that consumers are adequately informed.

18.5 Exemptions issued by virtue of regulation 18.3 may permit

the use of other languages other than the ones prescribed by

regulation 18.1 as well as the use of other measures as regards one

or more labelling particulars.

18.6 The Food Safety Commission may, on the advice of the

Malta Standards Authority, require that the labelling of specific

categories of foodstuffs or the provision of specified information

must be given in at least one of the official languages of Malta,

provided that -

(a) such requirements shall apply to all products falling

within their scope and not to individual products;

(b) such requirements are justified by the need to protect

human health.

18.7 Nothing in these regulations shall be construed as

precluding the labelling particulars from being indicated in other

languages in addition to those prescribed by regulations 18.1 and

18.6.

1. The nature or composition of products being described as

being intended for particular nutritional uses must be such that the

products are appropriate for the particular nutritional use intended.

19.2 The products referred to in regulation 19.1 must also

comply with any mandatory provisions applicable to foodstuffs for

normal consumption, save as regards changes made to them to

ensure their conformity with the definitions given in regulation

3.1(v).

19.3 The specific provisions applicable to the groups of foods

for particular nutritional uses appearing in Part A of the Fourth

Schedule shall be those laid down by rneans of the specific

regulations given in that Schedule.

19.4 Subject to any derogations given by other provisions, the

labelling and the labelling methods used, the presentation and the

advertising of the products referred to in regulation 3.1(v) must not

attribute properties for the prevention, treatment or cure of human

disease to such products or imply such properties.

19.5 Nothing in regulation 19.4 shall be construed as preventing

the dissemination of any useful information or recommendations

exclusively intended for persons having qualifications in medicine,

nutrition or pharmacy.

19.6 Only the products referred to in regulation 3.1(v) may be

characterized as "dietetic" or "dietary".

19.7 In the labelling, presentation and advertising of foodstuffs

for normal consumption the following shall be prohibited

(a) the use of the adjectives "dietetic" or "dietary" either

alone or in conjunction with other words, to designate

these foodstuffs;

(b) all other markings or any presentation likely to give

the impression that one of the products referred to in

regulation 3.1(v) is involved.

19.8 However, in accordance with other provisions which may

b e a d o p t e d , i t s h a l l b e p o s s i b l e f o r f o o d s t u ff s f o r n o r r r i a l

consumption which are suitable for a particular nutritional use to

indicate such suitability. The aforesaid provisions may also lay

down the arrangements for indicating this suitability

Provided that -

19.8.1 where no Community provisions have been

adopted for the purposes of this subregulation,

appropriate provisions may be adopted by the Food

Safety Commission.

19.9 The designation under which such a product is sold shall be

accompanied by an indication of its particular nutritional

characteristics; however, in the case of products intended to fulfil

the particular nutritional requirements of infants and young

children in good health, thi.s reference shall be replaced by a

reference to the purpose for which they are intended.

19.10 The labelling of products for which no specific provisions

have been adopted must also include

(a) the particular elements of the qualitative and

quantitative composition or the special manufacturing

process which gives the product its particular

nutritional characteristics;

(b) the available energy value expressed in kilojoules and

kilocalories and the carbohydrate, protein and fat

content per 100 grams or 100 millilitres of the product

as marketed and, where appropriate, per specified

quantity of the product as proposed for consumption

Provided that if, however, the energy value is less than 50

kilojoules (12 kilocalories) per 100 grams or 100 millilitres of the

product as marketed, these particulars may be replaced either by

the words "energy value less than 50 kilojoules ( 12 kilocalories)

per 100 grams" or by the words "energy value less than 50

kilojoules (l2 kilocalories) per 100 millilitres".

19.11 The labelling of products for which specific provisions

have been adopted must comply with the requirements laid down in

those provisions.

19.12 Products intended for particular nutritional uses shall only

be allowed on the retail market in pre-packaged form, and the

packaging shall completely cover the products.

19.13 To permit efficient official monitoring of foodstuffs

intended for a particular nutritional use which do not belong to one

of the groups listed in the Fourth Schedule, the following specific

provisions shall apply

(a) when a product as referred to above is placed on the

market for the first time, the manufacturer or the

importer shall notify the Superintendent of Public

Health by forwarding a model of the label used for the

product;

(b) in the case of products which have already been placed

on the market within the European Community, the

manufacturer or importer shall, in addition to the

model required by paragraph (a), provide the

Superintendent of Public Health with an indication of

the recipient of the first notification to the competent

authorities of a Member State of the European

Community.

19.14 Where necessary, the Superintendent of Public Health may

require the manufacturer or the importer to produce the scientific

work and the data establishing the product’s compliance with the

provisions of these regulations relating to foodstuffs for particular

nutritional uses as defined in regulation 3.1(v) together with the

information provided for in regulation 19.10(a). If such work is

contained in a readily available publication, a mere reference to

this publication shall suffice.

19.15 The Superintendent of Public Health may prohibit, restrict

or subject to specified conditions the marketing of products

intended for particular nutritional uses if he considers that such

products do not comply with paragraph 3.1(v) or endanger human

health, provided that any such prohibition or restriction shall be

notified to the Malta Standards Authority at least three months

before being brought into effect, subject to the provisions of

regulation 19.18.

19.16 The Foodstuffs Directorate shall, within three months,

issue an opinion regarding the proposed measures.

19.17 In issuing any prohibition or restriction by virtue of

regulation 19.15, the Superintendent of Public Health shall take

into account the opinion of the Foodstuffs Directorate.

19.18 Where the Superintendent of Public Health considers the

i m p o s i t i o n o f a p r o h i b i t i o n o r r e s t r i c t i o n t o b e a n u rg e n t

requirement for the protection of public health, he may impose such

prohibition or restriction with immediate effect provided the

Foodstuffs Directorate is immediately notified of such measures.

The Foodstuffs Directorate shall, within three months, issue an

opinion regarding the proposed measures.

19.19 For the categories of substances added for specific

nutritional purposes in foods for particular nutritional uses listed in

the Seventh Schedule, only the chemical substances mentioned

under each category may be used in the manufacture of foodstuffs

for particular nutritional uses covered by this regulation.

19.20 The use of the substances mentioned in regulation 19.19

shall be in conformity with any specific provisions concerning

those substances that may be laid down in applicable specific

provisions.

19.21 Without prejudice to European Parliament and Council

Regulation (EC) No 258/97 or equivalent measures, other

substances added for specific nutritional purposes, not belonging to

one of the categories listed in the Seventh Schedule, may be used in

the manufacture of foods for particular nutritional uses.

19.22 The use of nutritional substances in foods for particular

nutritional uses shall result in the manufacture of safe products that

fulfil the particular nutritional requirements of the persons for

whom they are intended as established by generally accepted

scientific data.

19.23 The Superintendent of Public Health may require the

manufacturer or, where appropriate, the importer to produce the

scientific work and the data establishing the use of substances

add ed for specific nutritional pu rposes in comp lian ce with

regulation 19.22. If such work is contained in a readily available

publication, a mere reference to this publication shall suffice.

19.24 Any purity criteria for substances listed in the Seventh

Schedule, specified by legislation for their use in the manufacture

of foodstuffs for pmposes other than those covered by this

regulation, shall apply.

19.25 For those substances listed in the Seventh Schedule for

which purity criteria are not specified by Maltese or European

Community legislation, and until the adoption of such

specifications, generally acceptable purity criteria recommended by

international bodies shall apply.