Country Report on National Measures for Non-Prepackaged Food: The Netherlands
Country report on national measures for non-prepackaged food: The Netherlands
Although the Dutch legislator generally does not seem to be particularly fond of issuing additional rules in relation to EU food regulations, it has taken measures for non-prepackaged food. Firstly, it has decided to lay down specific rules in relation to communicating the name of the food. Secondly, it has provided specific rules on informing consumers about allergies and intolerances.
Name of the food
Under the FIC Regulation, sellers of non-prepackaged food are held only to provide information in relation to allergies and intolerances. However, the Regulation (Article 44(1)b) does offer the possibility for Member States to also require other information to be provided. The Dutch legislator has taken this possibility and requires sellers of non-prepackaged food to inform consumers of the name of the food. This is laid down in the Dutch Food Information Regulations (Warenwetbesluit Informatie Levensmiddelen).
According to these Regulations, the name of the food has to be provided in a clear way (a) in or on the object in or on which the food is presented, or (b) on a sign above the products. Alternatively, the information can be provided in the direct vicinity of the products or in another way which makes the name clear to the public.
Allergies and intolerances
Specific rules have been adopted in relation to allergies and intolerances, in the Dutch Allergen Information Non-prepackaged Food Regulations (Warenwetregeling allergeneninformatie niet-voorverpakte levensmiddelen). These regulations offer a choice to selllers: they can either provide the information orally or in writing.
If the seller chooses to provide the information orally, he has to make sure that the information can always be provided to the consumer correctly and without delay. Moreover, consumers have to be informed of the possibility to obtain information by means of clearly visible signs. And finally, the information has to be available in writing both for staff and for the Dutch Food Authority (Nederlandse Voedsel en Waren Autoriteit).
Because of these strict rules in relation to providing information orally, many sellers are likely to opt for providing written information. In that case, the information – if requested by the consumer – has to be provided either on paper or electronically. Consumers have to be informed of this possibility to request information in a clear way. If foods are sold in different places within the same building, signs have to be placed in each of those places. There are no obligatory signs in relation to specific allergies or intolerances, but there are private initiatives providing allergy icons. These can help informing consumers quickly and easily.
Ebba Hoogenraad and Bram Duivenvoorde