Food Labelling Regulations (Northern Ireland) 1996

Regulations 40 and 41

SCHEDULE 6Claims

Part IProhibited Claim

1.  A claim that a food has tonic properties.

Note

The use of the word “tonic” in the description “Indian tonic water” or “quinine tonic water” shall not of itself constitute a claim of a type described in this item.

2.  A claim that a food has the property of preventing, treating or curing a human disease or any reference to such a property.

Note

A claim of a type described in item 1 of Part II shall not of itself be regarded as a claim of a type described in this item.

Part IIRestricted Claims

Column 1Column 2
Types of ClaimConditions
Claims relating to foods for particular uses

1.  A claim that a food is suitable, or has been specially made, for a particular nutritional purpose.

1.  The food must be capable of fulfilling the claim.

2.  The food must be marked or labelled with an indication of the particular aspects of its composition or manufacturing process that give the food its particular nutritional characteristics.

3.  The food—

(a)must be marked or labelled with the prescribed nutrition labelling and may be marked or labelled with further information in respect of either or both of—

(i)any nutrient or component of a nutrient (whether or not a claim is made in respect of such nutrient or component), or

(ii)any other component or characteristic which is essential to the food’s suitability for its particular nutritional use, and

(b)when sold to the ultimate consumer, must be prepacked and completely enclosed by its packaging.

Reduced or low energy value claims

2.  A claim that a food has a reduced or low energy value.

Notes
(a)

The appearance, on the container of a soft drink, of the words “low calorie” given in accordance with the conditions specified in Schedule 8 in relation to that description for such drinks shall not of itself constitute constitute a claim of a type described in this item.

(b)

Where a food is in concentrated or dehydrated form and is intended to be reconstituted by the addition of water or other substances, condition 2 shall apply to the food when reconstituted as directed.

1.  If the claim is that the food has a reduced energy value, the energy value of a given weight of the food, or of a given volume in the case of a liquid food, must not be more than three quarters of that of the equivalent weight, or volume, of a similar food in relation to which no such claim is made, unless the food is—

(a)an intense sweetener, or

(b)a product which consists of a mixture of an intense sweetener with other substances and which, when compared on a weight for weight basis, is significantly sweeter than sucrose.

2.  If the claim is that the food has a low energy value—

(a)the energy value of the food must not be more than 167 kJ (40 kcal) per hundred grams or hundred millilitres, as is appropriate, unless the food is—

(i)an intense sweetener, or

(ii)a product which consists of a mixture of an intense sweetener with other substances and which, when compared on a weight for weight basis, is significantly sweeter than sucrose,

(b)the energy value of a normal serving of the food must not be more than 167 kJ (40 kcal), and

(c)in the case of an uncooked food which naturally has a low energy value, the claim must be in the form “a low energy food” or “a low calorie food” or “a low joule food”.

Protein claims

3.  A claim that a food, other than a food intended for babies or young children which satisfies the conditions of item 1, is a source of protein.

1.  The quantity of the food that can reasonably be expected to be consumed in one day must contribute at least 12 g of protein.

2.  —

(1) If the claim is that the food is a rich or excellent source of protein, at least 20 per cent of the energy value of the food must be provided by protein.

(2) In any other case, at least 12 per cent of the energy value of the food must be provided by protein.

3.  The food must be marked or labelled with the prescribed nutrition labelling.

Vitamin claims

4.  A claim that a food, other than a food intended for babies or young children which satisfies the conditions of item 1, is a source of vitamins.

Note A reference to a vitamin in the name of a food shall not of itself constitute a claim of a type to which this item applies if the food consists solely of—
(i)

vitamins, or

(ii)

a mixture of vitamins and minerals, or

(iii)

a mixture of vitamins, or of vitamins and minerals, and a carrying agent, or

(iv)

a mixture of vitamins, or of vitamins and minerals, and other substances sold in tablet, capsule or elixir form.

1.  —

(1) If the claim is not confined to named vitamins, every vitamin named in the claim must be a vitamin specified in column 1 of Table A, and—

(a)where the claim is that the food is a rich or excellent source of vitamins, the quantity of the food that can reasonably be expected to be consumed in one day must contain at least one half of the recommended daily allowance of two or more of the vitamins specified in column 1 of Table A, and

(b)in any other case, the quantity of the food that can reasonably be expected to be consumed in one day must contain at least one sixth of the recommended daily allowance of two or more of the vitamins specified in column 1 of Table A.

(2.) If the claim is confined to named vitamins, every vitamin named in the claim must be a vitamin specified in column 1 of Table A, and—

(a)Where the claim is that the food is a rich or excellent source of vitamins, the quantity of the food that can reasonably be expected to be consumed in one day must contain at least one half of the recommended daily allowance of every vitamin named in the claim, and

(b)in any other case, the quantity of the food that can reasonably be expected to be consumed in one day must contain at least one sixth of the recommended daily allowance of every vitamin named in the claim.

2.  The food must be marked or labelled—

(a)in the case of a food to which nutrition labelling relates—

(i)where the claim is in respect of unnamed vitamins (whether alone or together with named vitamins), then in respect of any of those unnamed vitamins which are listed in Table A, with the prescribed nutrition labelling and, in addition, with a statement of the percentages of the recommended daily allowance for such vitamins as are contained in either a quantified serving of the food or, provided that the total number of portions contained in the sales unit of the food is stated, in one such portion of the food, and

(ii)where the claim is in respect of a named vitamin or of named vitamins (whether alone or together with unnamed vitamins), then in respect of that named vitamin or those named vitamins, with the prescribed nutrition labelling and, in addition, with a statement of the percentages of the recommended daily allowance for such vitamins as are contained in either a quantified serving of the food or, provided that the total number of portions contained in the sales unit of the food is stated, in one such portion of the food; and

(b)in the case of food supplements or waters other than natural mineral waters, in respect of any vitamins, whether unnamed, named or both—

(i)with a statement of the percentage of the recommended daily allowance of those vitamins contained in either a quantified serving or (provided that the food is prepacked) a portion of the food, and

(ii)where the food is prepacked, of the number of portions contained in the package,

and the name used in such marking or labelling for any such vitamin shall be the name specified for that vitamin in column 1 of Table A.

Mineral claims

5.  A claim that a food, other than a food intended for babies or young children which satisfies the conditions of item 1, is a source of minerals.

Notes
(a)

A claim that a food has low or reduced levels of minerals shall not be regarded as a claim of a type described in in this item.

(b)

the note that applies to item 4 applies equally to this item with the substitution of—

(i)

the word “mineral” for “vitamin”,

(ii)

the word “minerals” for “vitamins” wherever it occurs, and

(iii)

the word “vitamins” for “minerals” wherever it occurs

The conditions are the same as those set out in item 4 with the substitution of—

(a)

the word “mineral” for “vitamin” wherever it occurs,

(b)

the word “minerals” for “vitamins” whenever it occurs, and

(c)

the expression “Table B” for “Table A” wherever it occurs.

Cholesterol claims

6.  A claim relating to the present or absence of cholesterol in a food.

1.  Subject to condition 3 the food must contain no more than 0.005 per cent of cholesterol.

2.  The claim must not be accompanied by a suggestion, whether express or implied, that the food is beneficial to human health because of its level of cholesterol.

3.  If the claim relates to the removal of cholesterol from, or its reduction in, the food and condition 1 is not met, such claims shall only be made—

(a)as part of an indication of the true nature of the food,

(b)as part of an indication of the treatment of the food,

(c)within the list of ingredients, or

(d)as a footnote in respect of the prescribed nutrition labelling.

4.  The food shall be marked or labelled with the prescribed nutrition labelling.

Nutrition claims

7.  Any nutrition claim not dealt with under any other item.

1.  The food must be capable of fulfilling the claim.

2.  The food shall be marked or labelled with the prescribed nutrition labelling.

Claims which depend on another food

8.  A claim that a food has a particular value or confers a particular benefit.

The value or benefit must not be derived wholly or partly from another food that is intended to be consumed with the food in relation to which the claim is made.

TABLE A

Vitamins in respect of which claims may be made

Column 1Column 2
VitaminRecommended daily allowance
Vitamin A800 μg
Vitamin D5 μg
Vitamin E10 mg
Vitamin C60 mg
Thiamin1.4 mg
Riboflavin1.6 mg
Niacin18 mg
Vitamin B62 mg
Folacin200 μg
Vitamin B121 μg
Biotin0.15 mg
Pantothenic acid6 mg

Table B

Minerals in respect of which claims may be made

Column 1Column 2
MineralRecommended daily allowance

Note

As a rule, a significant amount means 15% of the recommended daily allowance listed in respect of each vitamin and mineral specified in Tables A and B that is supplied by 100 g or 100 ml of a food, or per package of a food if the package contains only a single portion

Calcium800 mg
Phosphorus800 mg
Iron14 mg
Magnesium300 mg
Zinc15 mg
Iodine150 μg