Joint Ministerial Decision 1412/31883/2019 – Government Gazette 650/A/28-2-2019
Provision of information on the presence of substances or products causing allergies or intolerances in non-prepackaged foodstuffs
Provision of information on the presence of substances or products causing allergies or intolerances in non-prepackaged foods.
DECISION OF THE MINISTER AND THE STATE SECRETARY FOR AGRICULTURAL DEVELOPMENT AND FOOD
Having regard to:
1. 1. 4235/2014 (Government Gazette A’ 32/11.2.2014) “Administrative measures, procedures and sanctions in the food industry.
Administrative measures and procedures in the application of Union and national legislation in the fields of food, foodstuffs, foodstuffs and foodstuffs of animal origin
Administrative and regulatory provisions in the enforcement of the law in the fields of food and feed, animal health and animal protection and other provisions of competence
of the Ministry of Rural Development and Food’, and in particular Article 62 ‘Delegated powers of the Ministry of Agriculture and Food’, and in particular Article 62 ‘Authorising
Provisions’, par. 2, as amended and in force by Article 46, paragraph 2. 2 of Law No.
4384/2016 (OFFICIAL GAZETTE A 78/26.4.2016).
2. Article 44 “National measures for non-prepackaged foodstuffs”, par. 1 and par. 2 of the Article 44 of the Federal Law on Foodstuffs.
Reg. (EU 1169/2011 “on the provision of food information to the general public”.
information to consumers”.
3. Regulation (EC) No 178/2002 of the European Parliament and of the Council,
of 28 January 2002 laying down the general principles and requirements of food hygiene
food legislation, establishing the European Food Safety Authority and laying down the principles and general principles of food
Food Safety Authority and laying down procedures in matters of food safety, such as
as amended and in force.
4. Regulation (EU) No 1333/2008 of the European Parliament and of the
of the European Parliament and of the Council of 16 December 2008 on food additives.
5. Regulation (EC) No 882/2004 of the European Parliament and of the Council,
of 29 April 2004 on official controls performed to ensure the verification of compliance with
feed and food law and health and hygiene rules
animal health and animal welfare, as amended and in force.
6. Regulation (EC) No 852/2004 of the European Parliament and of the Council,
of 29 April 2004 on the hygiene of foodstuffs.
7. Regulation (EC) No 853/2004 of the European Parliament and of the Council,
of 29 April 2004 laying down specific hygiene rules for foodstuffs
hygiene rules for food of animal origin, as amended and in force.
8. Regulation (EC) No 854/2004 of the European Parliament and of the Council,
of 29 April 2004 laying down specific rules for the organisation of official controls
on the organisation of official controls on products of animal origin intended for human consumption
for foodstuffs intended for human consumption, as amended and in force.
9. Article 90 of the Code of Legislation on Government and Governmental Institutions,
as ratified by the first article of Decree 63/2005 ‘Codification of the Legislation on
Government and Government Institutions’ (A 98).
10. 10. 2741/99 ‘Single Food Control Agency, other regulations on issues of food safety and
10.10. ‘Regulation No 1041 of the Ministry of Food Inspection and other provisions of the Ministry of Development’ (Government Gazette A 199).
11. Decree 70 (Government Gazette 114/A/2015) “On the reconstitution of Ministries”.
12. P.D. 88/29.8.2018 “Appointment of Ministers, Deputy Ministers and Deputy Ministers”.
(Β΄ 160).
13. The decision of the Prime Minister No. 2429/119958/7.9.2018 (Government Gazette B΄ 3901)
“Delegation of powers to the Deputy Minister of Rural Development and Food Olympia
Teliyoridou.
14. The Joint Ministerial Decision 088/2006 (Government Gazette B 175) on the designation of the central
competent authorities for the organisation of official controls.
15. Joint Ministerial Decision 15523/2006 (Government Gazette B΄ 1187) on the necessary
supplementary measures to Regulations (EC) No 178/2002, 852/2004, 853/2004,
854/2004 and 882/2004.
16. The fact that the provisions of this Decision do not entail any expenditure
the State budget, we hereby decide:
Article 1
Subject matter and scope
This Decision constitutes the basis for ensuring a high level of protection
consumers with regard to the presence of substances or products that cause
allergies or intolerances in non-prepacked foods, taking also into account the
the proper functioning of the internal market.
The provisions of this Regulation shall apply: (a) to foods placed on the market in a non
(b) to foods which are intended to be supplied to the final consumer
delivered in bulk to mass caterers and mass caterers
which prepare and sell at retail or sell at retail, to be supplied as non-prepared food
pre-packaged to the final consumer, (c) for food intended for sale to the
(c) for food supplied for sale not pre-packaged by means of distance communication.
In particular, this Decision applies to all operators
food business operators and at all stages of the food chain where their activities
are related to the provision of food information to consumers and the provision of food information to the
food or food ingredients which they produce, distribute, etc., are intended to be placed on the market
to one of the following food businesses:
1(b) of this Regulation
(ii) establishments which prepare and sell at retail such as confectionery shops,
(i) food establishments that produce and sell food (such as cafeterias, bakeries, ice-cream shops, etc.) and
(iii) undertakings which sell at retail such as supermarkets, grocery stores, farmers’ markets, etc.
Article 2
Definitions
1. For the purposes of this Decision, the following definitions shall apply:
(a) the definitions of ‘food’, ‘food legislation’, ‘food business’,
‘food business operator’, ‘retail’, ‘placing on the market’ and ‘final consumer
consumer’ in Article 2 and Article 3(1), (2), (3), (3), (7), (8) and (18) respectively of the Regulation
Regulation (EC) No 178/2002,
(b) the definitions of ‘ingredient’ and ‘mass caterer’ in Article 2(2)(b) and (c) of Regulation (EC) No 178/2002 shall be deleted. 2, points 2(2)
(f) and (d) respectively of Regulation (EU) No 1169/2011,
(c) the definition of ‘technological aid’ in Article 3(2)(b) of Regulation (EC) No
No 1333/2008.
2. In addition, the following definitions shall apply:
α) ‘non-prepackaged foodstuff’ means a separate unit for sale which
The following definitions shall apply to the term ‘prepacked food’: ‘prepacked food’ means food intended to be presented as such to the final consumer and to mass catering establishments
and consists of a foodstuff in a minimum of protective packaging which
packaged at the point of sale at the request of the purchaser; or
pre-packaged for immediate sale.
In either case, it is a foodstuff which does not fall within the definition of ‘pre-packaged
foodstuff’ as defined in Article 2(2)(b). 2(e) of Regulation (EU) No .
1169/2011.
(b) ‘sale of non-prepackaged food by means of distance communication’ means the
the sale of non-prepackaged food by mass caterers; and
retail outlets to the consumer who orders the food by telephone,
a website or by any other means without the personal and simultaneous delivery of the food to the consumer by telephone, website or any other means
presence of the seller and the consumer.
Article 3
Mandatory information for non-prepacked foodstuffs
1. The provision of the particulars specified in Article 9(1)(c) of
Regulation (EU) No 1169/2011 (substances or products causing allergies or
intolerances) shall be mandatory for all foods offered for sale to non
pre-packaged for sale/distribution to the final consumer and those that
intended to be delivered in bulk to mass caterers; and
to establishments selling at retail with a clear indication of the name of the substance or foodstuff
product as listed in Annex II to Regulation (EU) No 1169/2011.
2. The above requirement also applies in cases of possible and unintentional
presence in non-prepackaged foods of the substances or products in question which
causing allergies or intolerances due to cross-contamination.
3. The indications referred to in paragraph 1 of this Article shall
include the word ‘contains’ followed by the name of the substance or
product as listed in Annex II to Regulation (EU) No 1169/2011.
Article 4
Derogations from Article 3
1. The information referred to in point (c) of Article 9(1)(c) of Regulation (EU) No .
1169/2011 (substances or products causing allergies or intolerances) shall not be
shall not be compulsory in cases where the name of the food which may
given in writing or by other means, the substance or product included in the
Annex II to Regulation (EU) No 1169/2011.
2. The information referred to in Article 9(1)(c) of Regulation (EU) No.
1169/2011 (substances or products causing allergies or intolerances) and Article 3
par. 2 of this Regulation shall not be required to be provided to the final consumer on the
cases where the nutritional particularities of the food are recorded in advance.
the consumer’s particular characteristics as regards substances or products causing allergies or intolerances and the
the food/meal offered to him/her is designed to meet his/her needs
(hospitals, nursing homes, crèches/day nurseries, restaurants in schools, etc.)
(e.g. nurseries, day-care centres, schools, school complexes, prisons, etc.). In these cases the information
shall be provided in accordance with Article 6 of this Regulation at least in
team responsible for feeding him/her.
Article 5
Presentation of mandatory information to the final consumer
1. The mandatory particulars referred to in Article 9(1)(c) of Regulation (EU)
No 1169/2011 and Article 3(1)(c) of Regulation (EU) No 1169/2011 and Article 3(3)(c) of 2 of this Regulation (substances or products which
allergies or intolerances) shall be readily available and accessible to the
the place of sale – supply of non-prepackaged foodstuffs or, in the case of
in the case of distance selling before the purchase is made. They shall be
be clearly legible and be provided to the consumer in any case before the sale; – be easily legible and be provided to the consumer in any case before the sale
disposal of the food. They must be given in the Greek language and
multilingual provision of information is also permitted.
2. The declaration of the indications referred to in par. 1.
may not be given orally unless the following three conditions are met:
α) There must be a sign inside the establishment in a conspicuous place, easily visible and
(a) there must be a sign clearly visible, easily accessible and easily accessible, indicating the place where the information is available; or
there is a sign inviting the consumer to contact the staff of the business
the staff of the business in order to obtain information on substances or products that cause
allergies or intolerances to the foodstuffs sold.
(b) The indications referred to in par. 1. of this Article shall be
available in printed or electronic form within the establishment where the food is sold
food in order to be easily accessible, on request, by the
consumers, staff and competent authorities for the purpose of documenting controls.
(c) The indications referred to in paragraph (c) shall be provided in the form of a list of the information referred to in paragraph (c). 1. must always be given before the
the sale or supply of the food to the consumer and always at the place where the food is sold
by appropriately trained staff or by an electronic means, without
without the consumer bearing the cost.
3. In the case of distance selling and always before the sale is carried out
the consumer should be informed that either the same or a different supplier is available
the information or the indication referring to the information is mandatory and
telephone message and on the business’s website, if available.
4. The use of marks indicating the presence or absence of substances or products that
or products causing allergies or intolerances shall not be prohibited provided that it
it accompanies/complements the name of the substance or product as included
Annex II to Regulation (EU) No 1169/2011.
5. In any case, the indications referred to in Article 3 shall
revised immediately in the event of a change in the composition of the products under the responsibility of the
The composition of the product shall be changed at the responsibility of the undertaking.
6. Non-exhaustive list of ways of presenting the compulsory particulars
of the indications referred to in Article 3 are set out in Article 9 of this Regulation.
Article 6
Documentation of the provision of information on non-prepacked foods
which are not made available directly to the final consumer.
For foods intended to be delivered as non-prepackaged to units
catering establishments and to establishments preparing and selling at retail or
sell at retail for supply as non-prepackaged food to the final consumer, the
the compulsory particulars referred to in Article 9(1)(c) of Regulation (EU) No
No 1169/2011 (substances or products causing allergies or intolerances) and
Article 3 par. 2 of this Regulation shall be transmitted in a documented manner. The
the above mandatory indications may appear on the packaging of the
or on a label attached thereto, or in writing, or electronically or by any other means.
or by any other appropriate means. In any case, the transmission of the
information before the food is finally made available to the consumer.
Article 7
Obligations of operators
1. Food business operators shall ensure that the information
information relating to non-prepackaged food intended for the final consumer
consumer or for delivery to mass caterers is transmitted by
documented to the food business operator receiving the food
food, so as to enable the provision, where necessary, of mandatory
information on the food to the final consumer.
2. The manner of presentation of the information provided for in Article 9(1)
(c) of Regulation (EU) No 1169/2011 (substances or products that cause
allergies or intolerances) and Article 3(3)(a) of the Regulation. 2 of this Regulation shall be the responsibility of the
of the operator of the business making the food available to the final consumer. In each
In any case, the mandatory particulars shall comply with the specifications of the
paragraphs 1 to 5 of Article 5.
Article 8
Sanctions
Failure to comply with the provisions of this Ministerial Decision shall entail the following penalties
administrative and criminal penalties provided for in Act No. 4235/2014.
This legislation shall apply without prejudice to the validity of other more specific
Union and national provisions.
Article 9
Non-exhaustive list of ways to communicate the compulsory indications of the
Article 3 (substances or products causing allergies or intolerances) to the final consumer
the final consumer.
– Labels accompanying the food.
– Indication of the ingredients causing allergies and intolerances in the
the price lists of the business.
– Signs in a prominent place in the shop indicating the contents
ingredients causing allergies or intolerances by type of food.
– Signs in a prominent place in the shop and/or indication on price lists
referring vulnerable groups to consult qualified personnel
or printed/electronic media within the establishment.
available in printed or electronic form within the establishment where the food is sold
food in order to be easily accessible, on request, by the
consumers, staff and competent authorities for the purpose of documenting controls.
(c) The indications referred to in paragraph (c) shall be provided in the form of a list of the information referred to in paragraph (c).
1. must always be given before the
the sale or supply of the food to the consumer and always at the place where the food is sold
by appropriately trained staff or by an electronic means, without
without the consumer bearing the cost.
3.
In the case of distance selling and always before the sale is carried out
the consumer should be informed that either the same or a different supplier is available
the information or the indication referring to the information is mandatory and
telephone message and on the business’s website, if available.
4. 2 of this Regulation shall be transmitted in a documented manner. The
the above mandatory indications may appear on the packaging of the
or on a label attached thereto, or in writing, or electronically or by any other means.
or by any other appropriate means. In any case, the transmission of the
information before the food is finally made available to the consumer.
Article 7
Obligations of operators
1. Food business operators shall ensure that the information
information relating to non-prepackaged food intended for the final consumer
consumer or for delivery to mass caterers is transmitted by
documented to the food business operator receiving the food.
2. The manner of presentation of the information provided for in Article 9(1)
(c) of Regulation (EU) No 1169/2011 (substances or products that cause
allergies or intolerances) and Article 3(3)(a) of Regulation (EC) No 2 of this Regulation shall be the responsibility of the
of the operator of the business making the food available to the final consumer. In each
In any case, the mandatory particulars shall comply with the specifications of the
paragraphs 1 to 5 of Article 5.
Article 8
Sanctions
Failure to comply with the provisions of this Ministerial Decision shall entail the following penalties
administrative and criminal penalties provided for in Act No. 4235/2014.
This legislation shall apply without prejudice to the validity of other more specific
Union and national provisions.
Article 9
Non-exhaustive list of ways to communicate the compulsory indications of the
Article 3 (substances or products causing allergies or intolerances) to the final consumer
the final consumer.
– Labels accompanying the food.
– Indication of the ingredients causing allergies and intolerances in the
the price lists of the business.
– Signs in a prominent place in the shop indicating the contents
ingredients causing allergies or intolerances by type of food.
– Signs in a prominent place in the shop and/or indication on price lists
referring vulnerable groups to consult qualified personnel
or printed/electronic media within the establishment.
Indication of the ingredients causing allergies and intolerances on a printed or
electronic material, readily available to the customer.
Article 10
Entry into force
This Decision shall enter into force upon its publication in the Government Gazette.
This Decision shall be published in the Official Gazette.
Athens, 15 February 2019
Download the KYA: KYA 1412/31883/2019 – Government Gazette 650/A/28-2-2019
document-1
(c) of Regulation (EU) No 1169/2011 (substances or products that cause
allergies or intolerances) and Article 3 par. 2 of this Regulation shall be the responsibility of the
of the business operator making the food available to the final consumer. In each
In any case, the mandatory particulars shall comply with the specifications of the
paragraphs 1 to 5 of Article 5.
Article 8
Sanctions
Failure to comply with the provisions of this Ministerial Decision shall entail the following penalties
administrative and criminal penalties provided for in Act No. 4235/2014.
This legislation shall apply without prejudice to the validity of other more specific
Union and national provisions.
Article 9
Non-exhaustive list of ways to communicate the compulsory indications of the
Article 3 (substances or products causing allergies or intolerances) to the final consumer
the final consumer.
– Labels accompanying the food.
– Indication of the ingredients causing allergies and intolerances in the
the price lists of the business.
– Signs in a prominent place in the shop indicating the contents
ingredients causing allergies or intolerances by type of food.
– Signs in a prominent place in the shop and/or indication on price lists
referring vulnerable groups to consult qualified personnel
or printed/electronic media within the establishment.
Indication of the ingredients causing allergies and intolerances on a printed or
electronic material, readily available to the customer.
Article 10
Entry into force
This Decision shall enter into force upon its publication in the Government Gazette.
This Decision shall be published in the Official Gazette.
Athens, 15 February 2019
Download the KYA: KYA 1412/31883/2019 – Government Gazette 650/A/28-2-2019
document-1
