2 REQUIREMENTS FOR LABELLING OF PREPACKAGES
The requirements for the labelling of prepackages corresponds to the EEC-Directives
75/106/EEC and 76/211/EEC concerning prepackaging by weight or by volume, as
amended by directive 78/891/EEC, and implemented in the national legislation of the
Member States.
The Labelling requirements for foodstuffs reflect the marking requirements of Directive
2000/13/EC.
The following most important requirements relate only to prepackages marked with an
e-mark.
These Directives do not cover packages made up by number, length or area nor
catchweight product – that is product not made up to a pre-determined constant
quantity.
2.1 The removal of trade obstacles with border crossing traffic (trade
between countries, members of the EEA)
Effect:
The Member States of the EEA may not refuse, forbid or limit the putting on the market
of e-marked prepackages that meet the requirements.
2.2 Guidance to the consumers concerning the nominal quantity of the
product in the prepackages.
Effect:
A prepackage that carries an e-mark, contains on average at least the nominal quantity.
In addition requirements exist to restrict the proportion of the prepackages with a
content below the tolerance limits, TU1 and TU21
.
The following markings have to be indicated on each prepackage:
- on prepackages containing liquid products, the nominal volume and in other
cases the nominal weight, followed by the symbol or the name of the unit of
measurement;
- a mark or inscription from which the manufacturer, contractor, filler or the
importer can be identified;
- the prescribed letter e, as a sign that the prepackage satisfies the requirements
of the Directives.
2.3 The requirements with regard to the maximum permitted errors in
the content of prepackages
Effect:
The e-marked prepackages need to satisfy the tolerances. (see chapter 5)
Inspection is done statistically by means of samples; this official control is regulated by
the e-marking regulations. The sample size with corresponding acceptance and
rejection criteria is dependent on the size of the lot and whether the test is destructive
or not.
2.4 The responsibilities of the manufacturer or the importer concerning
the actual content of the prepackage.
Effect
1
These limits are discussed in paragraph 5.1.
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The manufacturer or, in case of import from countries outside the EEA, the importer is
responsible for ensuring that the prepackages meet the requirements.
The responsibilities mean that checks are needed to confirm that the equipment used to
make up the prepackages is legal and suitable and that records are available for
competent departments to verify. Checks shall be so organised so as to effectively
guarantee the quantity of product in a prepackage.
These can be satisfied in the following way:
2.4.1 measuring while filling (hand filling)
During the filling the actual content of the prepackage is measured by means of a
legal and suitable measurement instrument. The filling occurs by hand and is based
on reading the measuring instrument.
2.4.2 recognizing procedures
When the actual content of every individual prepackage is not measured, the options
concerning process control are many but they need to be such as to effectively
ensure that the prepackages meet the requirements. The determination of whether
this requirement is met is determined by the competent department based on an
evaluation of the procedures.
2.4.3 import from third countries
For the purposes of the Directive, an importer is someone who brings prepackages
into the EEA, therefore movement within the EEA does not involve import / export for
the purposes of the Directive. The importer has the same responsibilities as a packer
but the Directive recognizes that they may not physically come into contact with the
prepackages being imported.
The Directive states, “In the case of imports from non-EEC countries, the importer
may instead of measuring and checking provide evidence that he is in possession of
all the necessary guarantees enabling him to assume responsibility.” What is
considered acceptable is dependent on the national legislation.
Some of the acceptable guarantees include:
a) evidence from a competent department in a Member State,
b) evidence from an EEA accepted competent department in the exporting country,
c) records of checks carried out by a competent sub-contractor at the place of first
entry into the EEA,
d) to obtain records from the packer and to carry out checks to verify the data
contained in them.
Evidence referred to in a) and b) above shall state that the quantity control system
had been assessed and that the controls and records guarantee compliance with the
requirements of the Directive.
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3 THE ORGANIZATION