- 20/04/2021
- Posted by: Dario Dongo
- Category: Questions and answers
Dear Dario good morning,
I have a question about the indication of the presence of sulphites on the labels of cocktail e alcopops, in bottle or can. Can you please clarify when the obligation to indicate the presence of sulfur dioxide and other sulphites on the label is triggered? Am I referring in particular to cases in which wines and / or sparkling wines whose technical data sheet and / or label bears the words 'contains sulphites' are used as ingredients?
Many thanks
Giovanni
The lawyer Dario Dongo, Ph.D. in European food law, answers
Dear Giovanni good morning,
sulfur dioxide and sulphites in general are the only substances capable of triggering allergic reactions subject to a quantitative threshold - to be measured on the final product - below which there is no obligation to specify and highlight their presence. As is always expected, in all cases of even minimal residues, for the other 13 categories of the so-called allergens referred to in Annex II to reg. EU 1169/11, cd Food Information Regulation (1,2).
Alcoholic drinks label, ingredients list and allergen indication
Alcoholic drinks - that is, those with an alcohol content, by volume, greater than 1,2% - are still exempt from the obligation to report the list of ingredients on the label. (4) Without prejudice to the absolute duty to indicate the possible presence of the allergens referred to in Annex II to reg. UE 1169/11, even if only in traces or in derivative form.
Risk analysis related to the possible presence of allergens in food and beverages has been expressly prescribed, among other things - as part of the self-control that is incumbent on all operators, from grape to flute - from the recent reform of the reg. CE 852/04, so-called Hygiene Regulation 1. (3) This analysis concerns both the ingredients deliberately added to the product and those that may be found there due to cross-contamination (cross contamination).
Substances derived from allergens but excluded from the obligation of specific information on the label
Substances derived from allergens but excluded from the obligation of specific information on the label, pursuant to Annex II to reg. EU 1169/11, include:
- maltodextrin and wheat-based glucose syrups, including dextrose,
- barley-based glucose syrups,
- cereals used to produce alcoholic distillates, including ethyl alcohol of agricultural origin,
- fish gelatin used as a support for vitamin or carotenoid preparations,
- gelatin or isinglass used as a fining agent in beer and wine (EU regulation 1169/11, Annex II, points 1 and 4).
Vice versa, it is a duty indicate the use of other substances derived from allergens, such as egg-based processing aids, which are also used in oenology.
'Contains sulfites'?
The indication relative to the presence of sulphites is due 'in the sole hypothesis of sulfur dioxide and sulphites in concentrations higher than 10 mg / kg or 10 mg / liter in terms of total SO2 to be calculated for the products as proposed ready for consumption (or reconstituted in accordance with the manufacturers' instructions).(5)
The duty to indicate the presence of SO2 and sulphites therefore does not derive only from the use of ingredients that contain them (eg wines, vermouth, sparkling wines), but from the actual exceeding of the threshold of 10 mg / l of sulphites in the finished product (eg. cocktail o alcopops). (6)
Allergens and sulphites, specific information modalities
The information relating to sulphites and other allergens must be provided, alternatively, by:
- display of the wording 'contains sulphites' (and / or other allergens), if the operator has made use of the right to omit the list of ingredients (as we have seen, still recognized for alcoholic beverages),
- specific highlighting of sulphites and / or other allergens, in the list of ingredients, 'through a font clearly distinct from the other ingredients listed, for example by size, style or background color'(EU reg. 1169/11, article 21.1.b)
Dario
Note
(1) EU Reg. 1169/11. The rules to be applied to information relating to the presence of substances or ingredients capable of triggering allergic reactions or food intolerances in the categories of vulnerable consumers is contained in the following articles and annexes:
- article 9.1.c (List of mandatory information),
- art. 21 (Labeling of some substances or products that cause allergies or intolerances),
- article 44.1.a (National provisions for non-prepacked food),
- Annex II (Substances or products causing allergies or intolerances)
(2) Dario Dongo. Allergens, guidelines. GIFT (Great Italian Food Trade). 15.9.17, https://www.greatitalianfoodtrade.it/etichette/allergeni-linee-guida
(3) Dario Dongo. EU Reg. 2081/382. Allergen management, safety culture, food redistribution. GIFTS (Great Italian Food Trade). 9.3.21, https://www.greatitalianfoodtrade.it/sicurezza/reg-ue-2081-382-gestione-allergeni-cultura-della-sicurezza-redistribuzione-alimenti
(4) Dario Dongo. Alcoholic beverage labels, the Commission confirms the derogations on the ingredients list and nutrition table. GIFTS (Great Italian Food Trade). 16.3.17, https://www.greatitalianfoodtrade.it/etichette/etichette-delle-bevande-alcoliche-la-commissione-conferma-le-deroghe-su-elenco-ingredienti-e-tabella-nutrizionale
(5) EU Reg. 1169/11, Annex II, point 12
(6) Dario Dongo. Alcopops, the ABC. Labels to be redone. GIFTS (Great Italian Food Trade). 15.8.19, https://www.greatitalianfoodtrade.it/etichette/alcopops-l-abc-etichette-da-rifare
