Bittersweet honey in portion packs

The manufacturer must state the country of origin on jars of honey, unless the packaging is very small, i.e. less than 10 square centimetres. Does this include the portion-cup of honey you get in a hotel with your mint tea? Of course not, many people would think. When the labelling rules were introduced in Europe, the European Commission drew up a Guidance Document. Drafted by colleagues and associates who decided amongst themselves how the rules should be interpreted, it is a very important document for the industry and for enforcers such as the Netherlands Food and Consumer Product Safety Authority (NVWA). According to the Guidance Document, small portion packs that are included in the price of a meal do not need to state the country of origin.

In the Breitsamer und Ulrich case, the CJEU took a different view. The legal issue is whether an aluminium portion pack of honey is a ‘pre-packaged foodstuff’ and an individual sales unit. According to the CJEU, there is no getting around the fact that the definition also covers this type of honey pack. This sets aside the Guidance Document! The Court bases its decision on the legal disclaimer which explicitly states that (“This Guidance Document is not binding”). Hmm.

The consequences for the food industry are huge. Does this mean that other Guidance Documents are worthless? An unfortunate and serious turn. European harmonisation may well come under further pressure if the national enforcement agencies each adopt their own course. It won’t be long until the honey packaging tells you, as you stir your mint tea, where the ever-so-sweet honey comes from. But the way there is bittersweet.

Ebba Hoogenraad