Indication of origin of the primary ingredient

I'd like to bring to your attention the case of a semi-finished product intended for professional use that is marketed under the trade name "Pistacchio Mediterraneo." Since a change in sourcing means that a smaller portion of the pistachios used as ingredients now come from a country outside the Mediterranean, I'm wondering how the information should be updated.

Thank you very much, [signed letter]

The lawyer Dario Dongo, Ph.D. in Agri-Food Systems, answers

The different origin of the characterizing ingredient 'pistachios' compared to the geographical reference 'Mediterranean' must be communicated on the label, pursuant to Regulation (EU) 2018/775, in the following ways:

• report one or more geographical areas (EU/non-EU, i.e. names of States and Regions) of origin of the primary ingredient (whether significant, >50%, or characterising); or

• specify the difference between the origin of the primary ingredient and that of the product.

The aforementioned textual information must appear in the same visual field as the geographical reference, with characters no less than 75% higher than those used for the reference itself, and repeated in all cases of its repetition.

In this case, the indication 'Mediterranean Pistachio' could be classified as a geographical indication and therefore lead to the application of Regulation (EU) 2018/775, with the obligation to specify the different origin.

There are two possible solutions:

• Indicate the 'EU/non-EU' origin of the pistachios, in brackets, in characters no less than 75% higher than the word 'Mediterranean', in the principal visual field (repeated in every other visual field where 'Mediterranean' is repeated). This solution is consistent with the provision of Article 2.1.ai of Regulation (EU) 2018/775 (geographical indication referring to the EU/non-EU level);

• The optimal solution that guarantees full compliance with the aforementioned rules – and at the same time guarantees maximum transparency of information, as well as confirming the prevalence of Mediterranean origin in the composition – is to indicate '(Country x …%, Country y …%)'. Or (Country x, Country y)'.

Available for any further information,

Cordial greetings

Dario Dongo

Picture of Joanna kosinska su Unsplash

References

• Commission Implementing Regulation (EU) 2018/775 of 28 May 2018 laying down rules for the application of Article 26(3) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as regards the rules for indicating the country of origin or place of provenance of the primary ingredient of a food. Consolidated text: 06/09/2019 http://data.europa.eu/eli/reg_impl/2018/775/2019-06-09