Regulation (EU) No 1169/2011 of the European Parliament and of the CouncilShow full title

Article 35 U.K. Additional forms of expression and presentation

1. In addition to the forms of expression referred to in Article 32(2) and (4) and Article 33 and to the presentation referred to in Article 34(2), the energy value and the amount of nutrients referred to in Article 30(1) to (5) may be given by other forms of expression and/or presented using graphical forms or symbols in addition to words or numbers provided that the following requirements are met:

(a) they are based on sound and scientifically valid consumer research and do not mislead the consumer as referred to in Article 7;

(b) their development is the result of consultation with a wide range of stakeholder groups;

(c) they aim to facilitate consumer understanding of the contribution or importance of the food to the energy and nutrient content of a diet;

(d) they are supported by scientifically valid evidence of understanding of such forms of expression or presentation by the average consumer;

(e) in the case of other forms of expression, they are based either on the harmonised reference intakes set out in Annex XIII, or in their absence, on generally accepted scientific advice on intakes for energy or nutrients;

(f) they are objective and non-discriminatory; and

(g) their application does not create obstacles to the free movement of goods.

2. [F1 The appropriate authority] may recommend to food business operators the use of one or more additional forms of expression or presentation of the nutrition declaration that they consider as best fulfilling the requirements laid down in points (a) to (g) of paragraph 1. F2 ...

3. [F3 The appropriate authority may monitor the use] of additional forms of expression or presentation of the nutrition declaration that are present on the market in their territory.

[F4 Nothing in this Regulation prevents the appropriate authority from making type A regulations, so as] to facilitate the monitoring of the use of such additional forms of expression or presentation, [F5 requiring] food business operators placing on the market F6 ... foods bearing such information to notify the competent authority [F7 specified in those regulations] of the use of an additional form of expression or presentation and to provide them with the relevant justifications regarding the fulfilment of the requirements laid down in points (a) to (g) of paragraph 1. In such cases, information on the discontinuation of the use of such additional forms of expression or presentation may also be required.

F8 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. In order to ensure the uniform application of this Article, [F10 regulations may be made] setting out detailed rules concerning the implementation of paragraphs 1, 3 and 4 of this Article. F11 ...

Textual Amendments

F1 Words in Art. 35(2) substituted (31.12.2020) by The Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/529), regs. 1, 5(18)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 35(2) omitted (31.12.2020) by virtue of The Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/529), regs. 1, 5(18)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 35(3) substituted (31.12.2020) by The Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/529), regs. 1, 5(18)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 35(3) inserted (31.12.2020) by The Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/529), regs. 1, 5(18)(b)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in Art. 35(3) substituted (31.12.2020) by The Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/529), regs. 1, 5(18)(b)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 35(3) omitted (31.12.2020) by virtue of The Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/529), regs. 1, 5(18)(b)(ii)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 35(3) inserted (31.12.2020) by The Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/529), regs. 1, 5(18)(b)(ii)(dd); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 35(4) omitted (31.12.2020) by virtue of The Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/529), regs. 1, 5(18)(c); 2020 c. 1, Sch. 5 para. 1(1)

F9 Art. 35(5) omitted (31.12.2020) by virtue of The Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/529), regs. 1, 5(18)(c); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 35(6) substituted (31.12.2020) by The Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/778), regs. 1, 4(18)(a); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 35(6) omitted (31.12.2020) by virtue of The Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/778), regs. 1, 4(18)(b); 2020 c. 1, Sch. 5 para. 1(1)