- 19/11/2025
- Posted by: Marta
- Category: Questions and answers
Dear Dario,
I'm not sure how to properly report the information that the wheat has a different origin than the product on a pasta label featuring the Italian flag or another image associated with "Made in Italy." How tall should the characters be?
Thanks, Sandro
The lawyer Dario Dongo, Ph.D. in international food law, answers
Dear Sandro,
il Regulation (EU) No. 1169/2011 relating to the provision of food information to consumers, Article 26.3, provides that 'When the country of origin or place of provenance of a food is indicated and it is not the same as that of its primary ingredient:
(a) the country of origin or place of provenance of that primary ingredient is also indicated; or
b) the country of origin or place of provenance of the primary ingredient is indicated as different from that of the food'.
Il Regulation (EU) 2018/775 – pursuant to Article 26.3 of Regulation (EU) No. 1169/2011 – then specifies the conditions, exemptions, and methods of providing consumer information in cases where the country of origin of the food is declared and it does not coincide with the country of origin or place of provenance of the primary ingredient.
Indication of origin or provenance of the primary ingredient
Pursuant to Article 2 (Indication of the country of origin or place of provenance of the primary ingredient) of Regulation (EU) 2018/775:
'The indication of the country of origin or place of provenance of a primary ingredient, which is not the same as the country of origin or place of provenance indicated for the food, is provided:
a) with reference to one of the following geographical areas:
(i) 'EU', 'non-EU' or 'EU and non-EU»; or
ii) a region or any other geographical area within different Member States or third countries, if defined as such under public international law or is clear to the average, reasonably informed consumer; or
(iii) the FAO fishing zone, or the sea or freshwater body if defined as such under international law or clearly understood by the average, reasonably informed consumer; or
(iv) one or more Member States or third countries; or
(v) a region or any other geographical area within a Member State or a third country which is clearly understood by the average reasonably informed consumer; or
(vi) the country of origin or place of provenance, in accordance with the specific Union provisions applicable to primary ingredients as such;
b) or through a wording of the following tenor:
«(name of the primary ingredient) does/does not come from (country of origin or place of provenance of the food)» or a formulation that may have the same meaning meaning for the consumer'.
Indication mode
As for indication mode of the above information, article 3 (Presentation of information) of Regulation (EU) 2018/775 establishes that:
- the information is shown in bold characters dimensions not inferior to those provided from Regulation (EU) No. 1169/2011 for mandatory information in food product labeling. That is, a minimum height of the median (letter x) equal to or greater than 1,2 mm. Or equal to or greater than 0,9 mm in the case of packaging or containers whose largest surface area measures less than 80 cm2 (EU Regulation No. 1169/11, Article 13.2 and Annex IV);
- 'where the country of origin or place of provenance of a food is indicated in words, the information (…) shall appear in the same field of vision as the indication of the country of origin or place of provenance of the food and in characters whose median part (x-height) is at least 75% of that used for the indication of the country of origin or place of provenance of the food';
- 'if the country of origin or the place of origin of a food it is not indicated with words, the information provided (…) appear in the same field of vision of the indication of the country of origin or place of provenance of the food'.
Figurative geographical references
In the event that the country of origin of the food is indicated through a flag or other graphic or symbolic representation, pursuant to Article 3.3 of Regulation (EU) 2018/775, the information referred to in Article 2 of the Regulation itself is subject to the following requirements:
- same field of vision (i.e., the same side or area of the packaging where the origin of the food is indicated);
- minimum character height equal to that established by Regulation (EU) 1169/11 for mandatory information on labels. That is, a height of the letter 'x' > 1,2 mm, or > 0,9 mm for packaging with a surface area of less than 80 cm².
Provisional conclusions
Where the country of origin of a food is indicated with graphic or symbolic representations, such as the national flag, the different origin or provenance of the primary ingredient must be displayed in the same visual field of the label with a wording – among the various options provided for in Article 2 of Regulation (EU) 2018/775 – in characters no smaller than the minimum height established for mandatory information on labelling.
To date, there are no guidelines issued by the European Commission or by the competent authorities of the Member States (or the United Kingdom) that suggest a font size larger than the minimum established.
The specificity and detail of the aforementioned regulations, moreover, leave no room for any broad interpretation by the authorities. In this regard, the sector guidelines published by FoodDrinkEurope, Primary Food Processors (PFP), and EuroCommerce (2020) are worth mentioning.
Cordially,
Dario
Picture of Giusi Borrasi su Unsplash
References
- Commission Notice on the application of the provisions of Article 26(3) of Regulation (EU) No 1169/2011 [C/2020/428]. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=oj:JOC_2020_032_R_0001
- FoodDrinkEurope, PFP, & EuroCommerce. (2020). Guidance on the origin indication of the primary ingredient. Brussels: FoodDrinkEurope. https://www.fooddrinkeurope.eu/resource/guidance-on-the-origin-indication-of-the-primary-ingredient/
- Regulation (EU) No. 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers. Consolidated text: 01/04/2025 http://data.europa.eu/eli/reg/2011/1169/2025-04-01
- 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 on 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
- Italian Republic. Legislative Decree 6 September 2005, No. 206 – Consumer Code (last updated on 24/02/2025). Regulations https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2005-09-06;206
