Directive 2011/91/EU of the European Parliament and of the Council of 13 December 2011 on indications or marks identifying the lot to which a foodstuff belongs Text with EEA relevance

16.12.2011

EN

Official Journal of the European Union

L 334/1

(1)

Council Directive 89/396/EEC of 14 June 1989 on indications or marks identifying the lot to which a foodstuff belongs (3) has been substantially amended several times (4). In the interests of clarity and rationality that Directive should be codified.

(2)

The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured.

(3)

Trade in foodstuffs occupies a very important place in the internal market.

(4)

Indication of the lot to which a foodstuff belongs meets the need for better information on the identity of products. It is therefore a useful source of information when foodstuffs are the subject of dispute or constitute a health hazard for consumers.

(5)

Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (5) contains no provisions on indication of lot identification.

(6)

At international level there is a general obligation to provide a reference to the manufacturing or packaging lot of prepackaged foodstuffs. It is the duty of the Union to contribute to the development of international trade.

(7)

It is therefore advisable to provide for rules of a general and horizontal nature in order to manage a common lot identification system.

(8)

The efficiency of that system depends on its application at the various marketing stages. It is nevertheless desirable to exclude certain products and operations, in particular those taking place at the start of the distribution network for agricultural products.

(9)

It is necessary to take account of the fact that the immediate consumption upon purchase of certain foodstuffs such as ice cream in individual portions means that indicating the lot directly on the individual packaging would serve no useful purpose. However, it should be compulsory in the case of those products to indicate the lot on the combined package.

(10)

The concept of a lot implies that several sales units of a foodstuff have almost identical production, manufacture or packaging characteristics. That concept should, therefore, not apply to bulk products or products which, owing to their individual specificity or heterogeneous nature, cannot be considered as forming a homogeneous batch.

(11)

In view of the variety of identification methods used, it should be up to the trader to determine the lot and to affix the corresponding indication or mark.

(12)

In order to satisfy the information requirements for which it is intended, that indication should be clearly distinguishable and recognisable as such.

(13)

The date of minimum durability or ‘use by’ date, may, in conformity with Directive 2000/13/EC, serve as the lot identification, provided it is indicated precisely.

(14)

This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex I, Part B,

(a)

to agricultural products which, on leaving the holding, are:

(b)

when, at the point of sale to the ultimate consumer, the foodstuffs are not prepackaged, are packaged at the request of the purchaser or are prepackaged for immediate sale;

(c)

to packagings or containers the largest side of which has an area of less than 10 cm2;

(d)

to individual portions of ice cream. The indication enabling the lot to be identified shall appear on the combined package.