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The Origin Declaration of Food and its Primary Ingredients – A Quick Guide on Regulation (EU) No 1169/2011 and Regulation (EU) 2018/775

Christian Ballke, Maria Kietz

On 1 April this year, Regulation (EU) 2018/775 laying down rules for the application of Article 26(3) of Regulation (EU) No 1169/2011entered into force. With its commencement, the labelling of the origin of primary ingredients has now become compulsory for many products. Provided that the origin of a food is labelled and it is not congruent with the origin of the primary ingredient of the food, the country of origin or place of provenance of the primary ingredient must either additionally be declared or it can be indicated that the primary ingredient comes from a country of origin or place of provenance other than the food. The following article deals with the specific requirements of the regulation which shall now apply. In this connection and in order to provide orientation when dealing with the new provisions, the European Commission published a catalogue of questions and answers. The extent to which this guideline can keep its promise to serve as an aid for interpretation is also part of the following contribution.

Christian Ballke, LL.M. (Intellectual property law), Partner of the law firm Meisterernst Rechtsanwälte PartG mbB, Munich. Specialises in legal and regulatory issues related to the marketability, labelling and advertising of food. Particular experience in judicial and extrajudicial trademark and competition law issues. Author of a large number of publications. Member of the Legal Committee of the Food Federation Germany. Maria Kietz studied law at the Ludwig Maximilians University of Munich. Working as a lawyer in the law firm Meisterernst Rechtsanwälte PartG mbB in Munich since 2018 where she advises clients on regulatory questions regarding food and feed law, cosmetics law as well as competition law.


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