[COP FOOD MARKETING TERMS DRAFT FOR PUBLIC
March 2014 CONSULTATION]
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Code of Practice on the Use of Food
Marketing Terms
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1. Background
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The labelling and advertising of food is governed by the overarching principle outlined in Regulation
EC No. 178/2002 on the general food law. Article 16 of that legislation says:
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“ Without prejudice to more specific provisions of food law, the labelling, advertising and
presentation of food or feed, including their shape, appearance or packaging, the packaging
materials used, the manner in which they are arranged and the setting in which they are displayed,
and the information which is made available about them through whatever medium, shall not
mislead consumers.”
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Further specific provisions on food labelling are provided in Council Directive 2000/13/EC on the
labelling, presentation and advertising of foodstuffs as amended, although Regulation EU No.
1169/2011 on the provision of food information to consumers will supersede this legislation from
13th December 2014.
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It is recognised that the marketing of food is essential for business development in the food industry,
For small businesses in particular, such terms are a means of communicating the genuine differences
between the foods they offer and mainstream commercial foodstuffs. Marketing terms are designed
to resonate with consumers. However, when marketing terms are used incorrectly they have the
potential to mislead. .
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Consumers should be confident that the foods they buy are accurately and truthfully described and
food businesses should also be confident that genuine descriptions of their food are not diluted in
the marketplace by the spurious use of undefined marketing terms by other food businesses.
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2. Purpose
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To establish an agreed set of rules for the food industry concerning the use of certain marketing
terms to describe foods placed on the Irish market. These rules will ensure that consumers are not
misled and they will aid in compliance with the labelling, advertising and presentation of food as
specified in Article 16 of the general food law regulation 178/2002 and expanded in Article 7 of
Regulation EU No. 1169/2011 on food information to consumers which comes into force in
December 2014.
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3. Scope
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This code of practice applies to all foods on the Irish market except where European or Irish national
rules cover the use of certain marketing terms for specific foods (e.g. traditional butter1 )or where
foods are registered as traditional specialities guaranteed (TSG)2
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4. Legal rules governing the use of marketing terms on food
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The Food law specifies general rules that apply to food information provided to consumers and this
includes the use of marketing terms used on food and its associated advertising materials. FBOs
should adhere to these rules when considering the use of marketing terms.
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Article 7 of Regulation EU No. 1169/2011 spells out the legal obligations for food businesses as
follows:3
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“1. Food information shall not be misleading, particularly:
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a) as to the characteristics of the food and in particular, as to its identity, properties,
composition, quantity, durability, country of origin or place of provenance, method of
manufacture or production;
b) by attributing to the food effects or properties which it does not possess;
c) by suggesting that the food possesses special characteristics when in fact all similar foods
possess such characteristics in particular by specifically emphasising the presence or absence
of certain ingredients and/or nutrients;
d) by suggesting, by means of the appearance, the description or pictorial representations, the
presence of a particular food or an ingredient, while in reality a component naturally present
or an ingredient normally used in that food has been substituted with a different component
or a different ingredient.”
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The word ‘traditional’ is allowed to be used together with the word ‘butter’ in circumstances laid down in
Council Regulation (EC) 1234/2007 establishing a common organisation of agricultural markets and on specific
provisions for certain agricultural products (Single CMO Regulation)
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Council Regulation 1151/2012 on quality schemes for agricultural products and foodstuffs
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These requirements are also consistent with presentation, advertising and labelling rules in place prior to 13
December 2014 as stated in Council Directive 2000/13/EC as amended
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5. Specific working principles on the use of certain marketing terms
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In addition to the general legal rules governing the use of marketing terms on food specified in
section 4, the following working principles4 applicable to certain marketing terms used on should be
adhered to.
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5.1 Artisan/Artisanal
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The terms “artisan” or “artisanal” or similar descriptions using these terms should only be used on
foods that comply with the general legal rules governing the use of marketing terms (see section 4)
and in addition can legitimately claim to have all of the following characteristics:
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1. The food is made in limited quantities5 by skilled craftspeople6
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2. The processing method is not fully mechanised and follows a traditional7 method
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3. The food is made in a micro-enterprise8 at a single location
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4. The characteristic ingredient(s)9 used in the food are sourced locally10, where seasonally
available in the required quantity
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These are not legally binding as they are not set out in a legal instrument. However, it is possible they may be
taken into account by a court of law at their discretion, in determining compliance with the legal requirements
specified in Article 7 of Regulation EU No. 1169/2011.
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Limited quantities means total production of less than 1000kg per week on average (consistent with
national rules on definition of ‘marginal’ see S.I. 168 of 2012)
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A skilled craftsperson is someone who has special expertise in making food in a traditional manner (see
footnote 7)
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Traditional has the meaning defined in Council Regulation 1151/2012 on quality schemes for agricultural
products and foodstuffs: “....proven usage on the domestic market for a period that allows transmission
between generations; this period is to be at least 30 years;”
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A microenterprise is defined as an enterprise which employs fewer than 10 persons and whose annual
turnover and/or annual balance sheet total does not exceed EUR 2 million. (Commission Recommendation
2003/361/EC)
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Examples of characteristic ingredients are milk in cheese, meat in ham, oats in porridge. This is not intended
to be a definitive list of characteristic ingredients.
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Within a 100km of the manufacturing establishment (consistent with national rules on definition of
‘localised’ see S.I. 168 of 2012 and S.I. 340 of 2010)
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5.2 Farmhouse
The term “farmhouse” or similar terms that create an impression that a food originates on a farm
e.g. “farmer’s choice” should only be used on foods that comply with the general legal principles
governing the use of marketing terms (see section 4) and in addition can legitimately claim to have
all of the following characteristics:
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1. The food is made in limited quantities11
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2. The food is made in a micro-enterprise12
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3. The food is made in a single location on a farm13
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4. The characteristic ingredient(s)14 used in the food has been sourced locally15, where
seasonally available in the required quantity.
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It is acknowledged that there are certain foods that have used the term ‘Farmhouse’ for many years
to mean that the food has a rustic look or a coarse or a chunky texture. Such terms used on these
specific foods are well understood by the consumer and therefore the term ‘farmhouse’ may
continue to be used on the following foods even if they do not have the four characteristics specified
above:
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Bread with a split and rounded crust with or without flour dressing
Soup made with coarse cut or chunky vegetables
Paté made with a coarse texture
In addition a derogation is also necessary for fresh pasteurised milk and cream since these are short
shelf life products where processing occurs close to the farm within a short time period. Although
the use of the term ‘farmhouse’ to describe these products would not be acceptable the use of the
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Limited quantities means total production of less than 1000kg per week on average (consistent with national
rules on definition of ‘marginal’ see S.I. 168 of 2012)
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A microenterprise is defined as an enterprise which employs fewer than 10 persons and whose annual
turnover and/or annual balance sheet total does not exceed EUR 2 million. (Commission Recommendation
2003/361/EC)
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A Farm is where an individual farmer (or group of individuals e.g. partnerships and other legal structures
through which a business is conducted) exercises an agricultural activity (adapted from definition of ‘farmer’ in
CAP glossary of terms: http://ec.europa.eu/agriculture/glossary/ )
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Examples of characteristic ingredients are milk in cheese, meat in ham, oats in porridge. This is not intended
to be a definitive list of characteristic ingredients.
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Within a 100km of the manufacturing establishment (consistent with national rules on definition of
‘localised’ see S.I. 168 of 2012 and S.I. 340 of 2010)
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term ‘Farm Fresh’ has been associated with such products for a number of years and may continue
to be used.
5.3 Traditional
The term “traditional” conveys a sense of continuity and an impression that a food is made in a time
honoured way or to a time honoured recipe. The term ‘traditional’ or similar descriptions using this
term should only be used on foods that comply with the general legal rules governing the use of
marketing terms (see section 4) and in addition can legitimately claim to have one of the following
characteristics:
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1. The food is made to an authentic recipe which can be proved to have existed without
significant modification16 for at least 30 years
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2. The food has been made using a method of preparation that has :
Or
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Existed for more than 30 years although automation and mechanisation of these
methods is acceptable.
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Does not deviate substantially17 from the original food processing method associated
with a certain type of food.
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Significant modification means changes to the ingredients of a recipe that could alter the flavour, texture or
appearance of the food in such a way as to affect consumer choice. Also includes replacement of characteristic
ingredients with modern equivalents that were not available at the time the recipe was developed (e.g.
replacing meat in a sausage with low or high pressure MSM (mechanically separated meat)).
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This concept is best illustrated with an example. Traditional curing of meat involves emersion of meat in a
cure solution or application of dry cure to the exterior of the meat. Needle injection of brine is now used
extensively in the industry but this would be considered to deviate substantially from the original processing
method and not qualify as a traditional method.
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5.4 Natural
The term ‘natural’ or variations on this term (e.g. naturally better, natural goodness) that give the
impression that a food exists in, or is formed by, nature should only be used on foods that comply
with the general legal rules governing the use of marketing terms (see section 4) and in addition can
legitimately claim to meet all of the following criteria:
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1. The food is formed by nature and is not significantly interfered with by man18,
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2. The food is additive free or contains no artificial additives, colours or flavours other than
flavourings that are natural as defined in European law19 and other food additives that are
obtained from natural sources (e.g. plants) by appropriate physical processing (including
distillation and solvent extraction) or traditional preparation processes.
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Finished foods that do not meet ‘criteria 1’ but are comprised of raw ingredients prior to processing
that meet criteria 1 and 2, should not themselves be described directly or by implication as
“natural”, but it is acceptable to describe such finished foods as “made from natural ingredients”
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The use of the term ‘natural’ has sometimes been restricted by law and in other cases has become
synonymous with a certain type of product. In these specific cases the term ’natural’ may continue
to be used on products which may not meet the two characteristics listed above. The following
foods fall into this restricted category:
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“natural mineral water”: Can only be used on water that meets the requirements of
Directive 2009/54/EC of the European Parliament and of the Council on the exploitation and
marketing of natural mineral waters.
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Foods that meet the conditions allowing use of the word ‘natural’ or ‘naturally’ before the
certain nutritional claims as specified in Regulation (EC) No. 1924/2006 of the European
Parliament and of the Council of 20 December 2006 on nutrition and health claims made on
foods.
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Dairy products that have, for many years, included the term ‘natural’ to indicate that the
dairy product is manufactured only from milk using only the starter cultures necessary for
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‘Significantly Interfered with by man’ does not include simple post harvest processing like chopping, slicing,
peeling, juicing, blanching, freezing, drying etc. as these do not significantly change the nature of the food but
does cover more complex forms of processing like cooking, concentration, curing, brining, refining, chemical
extraction, genetic modification, cloning etc. This does not apply to additives prepared from natural sources
as described in criteria 2
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REGULATION (EC) No 1334/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December
2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and
amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and
Directive 2000/13/EC;
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fermentation and are free from other ingredients, additives, flavourings and colours. E.g.
“natural yoghurt” : plain unflavoured yoghurt
“natural fromage frais” : plain unflavoured fromage frais
“natural cheese” : plain unflavoured cheese
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