1. Introduction Patrick Farrell Audit Manager
Food Safety Authority of Ireland (FSAI)
My role in the FSAI is to manage the various types of audits we are involved in.

2. Audits of official agencies
Under service contract to FSAI
Focused Audits
Labelling & Traceability
SRM
Special Investigations
Food Fraud

3. Misleading advertising,presentation & labelling of foodstuffs
Legislation
Directive 2000/13/EC…. On the approximation of the laws of Member States relating to the labelling, presentation and advertising of foodstuffs
Article 16 of Regulation 178/2002

4. Overview
Labelling legislation
Where are the rules on food labelling?

5. European horizontal labelling legislation
European Directive 2000/13/EC
Meat products amendment: Directive 2001/101/EC
(as amended Directive 2002/86/EC)
Allergens amendment: Directive 2003/89/EC
(as amended Directive 2005/26/EC)
(Directive 2005/63/EC correcting 2005/26/EC)

6. Article 16 of 178/2002 States as follows:
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.

7. Definitions ‘labelling’
shall mean any words, particulars, trade marks, brand name, pictorial matter or symbol relating to a foodstuff and placed on any packaging, document, notice, label, ring or collar accompanying or referring to such foodstuff

8. Definitions
‘pre-packaged’ shall mean any single item … consisting of a foodstuff and the packaging into which it was put before being offered for sale……

9. Derogation where a prepackaged foodstuff is:
For supply only to mass caterers (for preparation, processing, cutting, etc) or
Intended for the ultimate consumer, but marketed prior to sale to the ultimate consumer and where sale to mass caterers is not involved (such as supply to wholesalers)

10. In such cases the labelling information may appear on the commercial documents accompanying the foodstuff.
Commercial
Document

11. Information on label must be clear and unambiguous

12. Must not mislead the consumer to a material degree:
As to the characteristics of the foodstuff and, in particular:
as to its nature
identity
properties
composition
quantity
durability
origin or provenance
method of manufacture or production

13. Must not mislead the consumer to a material degree:
By attributing to the foodstuff effects or properties which it does not possess
By suggesting that the foodstuff possesses special characteristics when in fact all similar foodstuffs possess such characteristics.

14. LABELLING must not attribute to any foodstuff the property of preventing, treating or curing a human disease or refer to such properties

15. The information provided on the label must be:
easy to understand
be clearly legible
it must also be indelible
easy to see and not obscured in any way

16. Language
The labelling of foodstuffs must be in a language easily understood by the consumer e.g.
In Ireland it must be in English or English & Irish
In Slovakia it may have to be in Slovakian. Will it have to be in another language ??

17. Overview When do the labelling rules apply? General requirements
Compulsory labelling requirements

18. When do the labelling rules apply?
Pre-packaged foods
and
Available for sale to consumers and/or the catering trade
Food must be pre-packaged, available to consumers and/or catering trade such as restaurants and canteens. There are compulsory indications which must be provided, some additional requirements that may be provided and exemptions for most rules.

19. General requirements Purchaser must not be misled
Medicinal claims prohibited
Information must be easy to understand, clearly legible etc.
Language – English (depending on Member State language)
Under the general labelling rules there are general requirements regarding the packaging and labelling of the food and there are specific requirements to what exactly must be detailed on the label (presentation 3).
These are the general requirements.
Underlying principal of labelling – labelling must not mislead consumer.
Medicinal claims prohibited – labelling cannot attribute to any foodstuff the property of preventing, treating, or curing a human disease or refer to such properties
labelling must be in an language easily understood by the consumer and In Ireland its English. The food can be labelled in both Irish and English but it is not sufficient to label a food purely in Irish.

20. Overview of labelling requirements
name of food*
ingredients
quantity of certain ingredients (QUID)
net quantity*
date of minimum durability*
special storage instructions
name and address of manufacturer/packer/seller
origin
Instructions for use
alcohol content*
The following is mandatory information that must appear on the packaging of the pre-packaged foodstuff or on a label attached:
The name under which the product is sold*
The list of ingredients
The quantity of certain ingredients
The net quantity*
The date of minimum durability*
Any special storage instructions or conditions of use
The name or business name and address of the manufacturer or packager, or of a seller within the European Union
Place of origin of the foodstuff if its absence might mislead the consumer to a material degree
Instructions for use where necessary
Beverages with more than 1.2% alcohol by volume must declare their actual alcoholic strength.*
*Field of Vision
The name of the foodstuff, the date of minimum durability and the net quantity must appear on the label “in the same field of vision”. If the product is an alcoholic beverage greater than 1.2% alcohol by volume, its actual alcoholic strength by volume must also appear in this field of vision. The intention is that all the information can easily be seen at the same time under normal purchasing conditions.
* must appear in the same field of vision

21. Field of Vision:
The name of the foodstuff
the date of minimum durability
the net quantity
The intention is that all the information can easily be seen at the same time under normal purchasing conditions

22. Food Labelling and the Consumer
                                                                                                               
        
The food we eat today is a key part of our lifestyle. We ask ourselves 'is this food good for me?' or 'how much of this should I eat?'.
What we eat is becoming more important as we move toward healthy, self improved lifestyles.
As consumers become more conscious of food ingredients, it is in the interests of manufacturers to highlight product contents and health or nutritional benefits.
Labelling is just one way of providing consumers with appropriate information.
Labels are of particular importance when we consider processed or fresh foodstuffs as well as perishable fast moving consumer goods. Labelling needs to be accurate, particularly at the point-of-sale

24. What to Look For on a Label
                                                                                                               
        
                                                                                

25. How often do you buy something without looking at the product label
How often do you buy something without looking at the product label? How many of us understand the details presented on product labels? Labels should not mislead consumers and information should be easily seen. This is the principle of 'the field of vision'.
By law, packaged food must show:
                                                                                       

26. PLACE OF ORIGIN and TRACEABILITY
What is the difference?
'Smoked Irish Salmon' versus 'Irish Smoked Salmon' Could any of these products have been made in Ireland? •
American Style Burgers
Florida Orange Juice
Processed Whole Irish Chicken Breast

27. Case Studies Beef & Poultry

28. BEEF Brazilian beef with SEL stating Irish
Beef supplied by cold store (mixture of Irish & imported)
Export refunds
Cooked in plant
Not labelled as Irish leaving the plant
Brazilian beef with SEL stating Irish
Delivered to multiple
Multiple delivers to retail
Shelf Edge Label (SEL) states Irish
SELs Produced centrally

29. Chicken Fillets Caps imported from Belgium Skinned and cut in half
Packaged and labelled as ‘Produced in Ireland’
Irish Health Mark

30. We guarantee that all our chicken breast fillets and
“Customers,
We guarantee that all our
fresh whole chickens,
chicken breast fillets and
portions are 100% Irish” UK
1234 EC

31. Adare Farm Chicken
Dutch
Health
Mark

32. Inish Glora Farm
Chicken Fillets
German
Health
Mark

33. Examples of Fishy Labelling

34. Seafresh Ltd, Castletown, Co.Galway
Traditional
SMOKED IRISH SALMON
Seafresh Ltd, Castletown, Co.Galway
PRICE x.xx WEIGHT xxxx
USE BY xx/xx/xxxx
Ingredients:
Irish Atlantic Salmon (farmed), Salt,Oak Smoke
Ingredienti:
Salmone Irlandese Atlantico (di allevamento ) Sale, Fumo di Quercia
Nutritional Information
____________________________________
xxxxxx xxxxxx
xxxxx xx.xx
___________________________________
xxx x.xx
English
Farmed = Correct
Italian
di allevamento = incorrect
prodotto di acquacoltura
= Correct

35. Traditional HAND SLICED SMOKED IRISH WILD SALMON Farmed Salmon
Seafresh Ltd, Castletown, Co.Dublin
Farmed Salmon
Scotland/Shetland
Norway
HAND SLICED
Machine Sliced
Nutritional Information
____________________________________
xxxxx xxxx
__________________ __________________
___________________________________
xxxxx xxx
PRICE xx WEIGHT xxxxx
USE BY xxxxxx
Ingredients: Salt, Smoke & Salmon
IRL
Xxx DL

36. Misleading in the absence
Traditional
SMOKED IRISH SALMON
Seafresh Ltd, Castletown, Co.Dublin
PRICE xx WEIGHT xxxxx
USE BY xxxxxx
Ingredients: Salt, Smoke & Salmon
Nutritional Information
____________________________________
xxxxxx xxxx
xxxxx xxxx
___________________________________
xxxxx xxx
IRL
Xxx DL
Our Smoked Irish Salmon is Harvested in the crystal clear waters of the North Atlantic and off the rugged West Coast of Ireland
Production Method
Not Indicated
Terminology Used
Misleading in the absence
of Production Method &
Specific Catch Area
Catch Area
Not Specific

37. Wet Fish Display Counter
“All our fish are caught off the west
coast of Ireland”
Wet Fish Display Counter
Nile Perch
Frequently Didn’t specify
Date of minimum durability
Company Code/Approval Numbers
List of Ingredients
List of Flavourings
Etc……
Farmed Scottish Salmon

38. Case Studies Fishery Products

39. Complaint Wild Salmon Complaint Contact HSE Significant Non Compliance
Cautioned by
DCMNR + HSE
Audit of Premises
(Processing Plant
+ Fishmongers)
Fishmongers
A considerable amount of product on display in chills/freezer
e.g Fresh/Frozen crabmeat, Tiger Prawns, Swordfish, etc…
Not labelled any way looked as if it was going off
Fresh Yellow Fin Tuna on display was over a week past it’s expiry date
All fresh fish on display – No Catch area/Production Method/Commercial Designation of spp.
Wild Oak Smoked Salmon no Catch area – noted the Batch Code
Premises Owners Cautioned by HB – Product seized and samples taken for Micro Analysis
Similar situation in the Processing plant – general lack of labelling compliance
Companies traceability System – broke down on the morning of the audit
Requested traceability for the Wild Oak Smoked Salmon form the Fishmongers
When asked for traceability for this product they supplied batch processing records when it was filleted smoked and packaged
The Invoice Docket indicated that product came from a supplier and there batch No.s and quantities specified
No tags were present indicated that they were with the supplier
__________________________________________________________________________________________
Visited Supplier
Brought a copy of the Invoice and checked against theirs – WERE NOT THE SAME!
The product/Codes/Dispatch Dates were different and invoice was for Whitefish
Supplier indicated that Wild Salmon had not been supplied in over 2 yrs to this customer
Invoice Not the Same
- Altered
Visited Supplier

40. Wild Salmon Displayed on Menu
Checked Product
Chill/Freezer
Checked Invoices/
Delivery Docket
from Distributor
DCMNR
Poor traceability
At Processors
Contacted DCMNR
to verify
Product Codes
Hotel
Product on Menus Labelled as:
Poached Supreme of Blackwater Salmon with a Dill & Leek Cream Sauce
Poached Supreme of Atlantic Salmon with a Dill & Leek Cream Sauce
Restaurant
Oven Baked Fillets of Wild Salmon in a herb crust served with a demi glazed lemon butter
__________________________________________________________________________________
The Salmon in the Chills/Freezer both had Plant Codes & Batch No.s
After checking the records at the processor the product in fact turned out to be Farmed Salmon
After Investigation
Verified Product
Farmed Salmon

41. Salmon Country of Origin + Production method not Specified
Salmon being sold
by Processor/Distributor
to Retail Outlets
Checked Packaging /
Labelling +
Commercial Documentation
Buys Irish + Also
Scottish/Norwegian
Through Importer
COO + Production Area
Not always Specified
Full Traceability was possible
Irish – Labelled as Farmed Irish
Scotish/Norwegian – Labelled as Caught NE Atlantic

42. Issues Substantial Transformation
When can a product produced in Slovakia be labelled as ‘produced in Slovakia’ if the raw material is from a different country
Must not mislead the consumer

43. Press Clipping- The China Daily
“ And finally, a restaurant in northeastern China that advertised illegal tiger meat dishes was found instead to be selling donkey flesh-marinated in tiger urine. The story explains that the restaurant had advertised stir-fried tiger meat with chillies as well as liquor flavoured with tiger bone. The sale of tiger parts is illegal in China and officers shut down the restaurant, only to be told by the owner that the meat was actually that of donkeys, flavoured with tiger urine to give the dish a “special” tang. The report didn’t say how the urine was obtained… ”
World Food Regulation Review

44. It is OUR job to protect this Person !