SAINT CHRISTOPHER AND NEVIS
STATUTORY RULES AND ORDERS
No. of 2023
Bureau of Standards (Labelling of Pre-Packaged Foods) Regulations 2023
In exercise of the power conferred by section 51 of the Bureau of Standards and Quality Act, Cap. 23.15, the Minister makes the following Regulations:
CITATION.
These Regulations may be cited as the Bureau of Standards (Labelling of Pre-Packaged Foods) Regulations, 2023.
INTERPRETATION.
In these Regulations, unless the context otherwise requires
“Act” means the Bureau of Standards and Quality Act, No. 11 of 2021; “Bureau” means the Bureau of Standards referred to in section 3 of the Act;
“CARICOM” means the Caribbean Community and Common Marke established pursuant to the Revised Treaty of Chaguaramas signed at Trinidad on 4th July, 1973;
“CARICOM STANDARD” means a regional standard authorised and published by the CARICOM Regional Organisation for Standards and Quality in
relation to the classification and labelling of pre-packaged food;
LABELLING OF PRE-PACKAGED FOODS.
All pre-packaged foods within or being imported into Saint Christopher and Nevis shall be in conformity with the standards for labelling of pre-packaged foods as set out in the Schedule hereto.
Subject to sections 19 and 24(4)(b) of the Act, where a person acts in contravention of subsection (1), the person shall be liable to the following action
seizure and removal of the goods in question, from the premises where the goods are being offered for sale;
destruction of the goods.
REPORTING OF BREACHES.
A person who becomes aware of a breach or a suspicion of a breach in the labelling standards may report the incidence of the breach to the Bureau, the Ministry of Health or the Department of Consumer Affairs as the case may be.
Subject to section 191 of the Customs Act and section 24 of the Act, where a breach or a suspicion of a breach of these labelling standards in relation to the importation or exportation of goods, is brought to the attention of the Customs and Excise Department, the Comptroller of Customs shall notify the Bureau and subject to the advice of the Bureau, may seize the goods that are in breach of these Regulations.
Subject to the provisions of sections 3(d) and 4(1)(a) of the Public Health Act and section 24 of the Act, where a breach or suspicion of a breach of a labelling standard is brought to the attention of the Public Health Department, the Public Health Department shall notify the Bureau and subject to the advice of the Bureau, may seize the goods that are in breach of these Regulations.
SCHEDULE
This regulation applies to the labelling of all pre-packaged foods to be offered for sale to the consumer or for catering purposes.
This regulation is not applicable to food:
sold unpackaged, or in an open or uncovered package;
weighed or measured in or counted into the package;
intended for export only, which comply with the requirements of standards or laws on labelling of the country to which they are being exported; or
gift wrapped for personal use.
For the purposes of this standard, the following terms and definitions shall apply:
2.1
Address means
an identifiable or registered place of the business of:
the manufacturer or packager of the goods; or
the entity for whom the goods are manufactured or packaged
2.2
alcoholic beverage means
liquid food containing 0.5 % or more ethyl alcohol by volume
NOTE This includes spirits, liqueurs, wines, malt liquors, cider, perry, champagne, beer, stout and spirit compounds used as food, but does not include flavouring preparations;
2.3
Claim means
any representation which states, suggests or implies that a food has particular qualities relating to its origin, nutritional properties, nature, processing, composition or any other quality;
2.4
comparative claim means
a claim that compares the nutrient levels or energy value of two or more foods
EXAMPLE “reduced”, “less than”, “fewer”, “more than”;
2.5
competent authority means
the Minister, Ministry, department of government or statutory body in a territory of the Caribbean Community administering any law regulating the labelling of goods or foods;
2.6
consumer means
an entity purchasing and receiving food;
2.7
Container means
any packaging of food for delivery as a single item, whether by completely or partially enclosing the food, and includes wrappers
NOTE A container may enclose several units or types of packages when such is offered to the consumer;
2.8
Contaminant means
any substance not intentionally added to food, which is present in such food as a result of the production, transport or storage of the food or as a result of environmental conditions;
2.9
country of origin means
the country where the goods were wholly manufactured; or
in cases where the composition or quality of the goods was changed to a significant extent elsewhere, other than by packaging, the last country where such significant change occurred
NOTE A significant change in the product refers to where there is a change in the product that has resulted in a change of the BTN (Brussels Tariff Nomenclature) number or where there is no change in the BTN number but the product has gone through a significant process;
2.10
date of manufacture means
the date on which the food becomes the product as described;
2.11
date of minimum durability (“best before”) means
the date which signifies the end of the period under any stated storage conditions, during which the product will remain fully marketable and will retain any specific qualities for which tacit or expressed claims have been made
NOTE Beyond this date the food may still be perfectly satisfactory;
2.12
dietary fibre means
any edible plant and animal material not hydrolysed by the endogenous enzymes of the human digestive tract
NOTE Hydrolysis is determined by a method approved by the national and, where applicable, regional competent authority;
2.13
Food means
any substance, whether processed, semi-processed or raw, which is intended for human consumption
NOTE This includes drinks, chewing gum and any substance which has been used in the manufacture, preparation or treatment of food but does not include cosmetics, tobacco or substances used only as drugs;
2.14
food additive means
a substance not consumed as a food by itself and not normally used as a typical ingredient of food, whether or not it has nutritive value intended to affect the characteristics of such foods including, but not limited to improving the durability, flavour, colour, texture, appearance, or stability of the foods
NOTE The term does not include contaminants or substances added to food for maintaining or improving nutritional qualities;
2.15
foods for catering purposes means
foods for use in restaurants, canteens, schools, hospitals and similar institutions where food is offered for immediate consumption;
2.16
foods for special dietary uses means
foods which are specially processed or formulated to satisfy particular dietary requirements, which exist because of a particular physical or physiological condition or specific diseases and disorders
NOTE The composition of these foodstuffs must differ significantly from the composition of ordinary foods of comparable nature, if such ordinary foods exist;
representation which states, suggests or implies that a relationship exists between a food, or a constituent of that food, and health
NOTE See Annex E for types of health claims and examples;
a substance, including a food additive, used in the manufacture or preparation of a food and present in the final product although possibly in a modified form;
a tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, embossed or impressed on, or attached to, a container of food
any written, printed or graphic matter that is present on a label, accompanies the food, or is displayed near the food, including that for the purpose of promoting its sale or disposal
any foods that are sold loose without being pre-packaged
EXAMPLE meat or cheese, vegetables sold at a market, unpackaged food (bread, rice, sugar, flour);
a definitive quantity of a commodity produced essentially under the same conditions;
the part of a label normally intended to be presented to the consumer or intended to be most conspicuous to the consumer at the time when the food, to which the label relates, is offered or exposed for sale;
a substance normally consumed as a constituent of food, which provides energy, is needed for growth, development and maintenance of life or a deficit of which will cause characteristic bio-chemical or physiological changes to occur;
the nutrition claim that describes the level of a nutrient contained in a food
EXAMPLE “source of calcium”, “high in fibre” and “low in fat”;
a representation which states, suggests or implies that a food has particular nutritional properties including, but not limited to, the energy value, the content of protein, fat and carbohydrates, as well as vitamins and minerals;
a standardized statement or listing of the nutrient content of a food
a description intended to inform the consumer of the nutritional properties of a food
NOTE It consists of nutrient declaration and supplementary nutrition information;
packaged or made up in advance in a container, ready for offer to the consumer, or for catering purposes
a substance or material not including apparatus or utensils, and not consumed as a food ingredient by itself, intentionally used in the processing of raw materials, food or its ingredients, to fulfil a certain technological purpose during treatment or processing and which may result in the non-intentional but unavoidable presence of residues or derivatives in the final product;
means all mono and disaccharides present in food;
the date which signifies the end of the estimated period under any stated storage conditions, after which the product probably will not have the quality attributes normally expected by the consumers
NOTE After this date, the food should not be regarded as marketable.
Pre-packaged food shall not be described or presented on any label or in any labelling in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character in any respect.
Pre-packaged food shall not be described or presented on any label or in any labelling by words, pictorial or other devices which refer to or are suggestive, either directly or indirectly, of any other product with which such food might be confused, or in such a manner as to lead the purchaser or consumer to suppose that the food is connected with such other product.
Claims made for a food shall comply with the requirements for the use of claims as set out in Annex A.
No person, company, business or entity shall sell prepacked food unless a label is attached to it, as described within. This also applies to pre-packaged foods that are intended for human consumption and offered as a prize, reward or sample for the purpose of advertising.
No person, company, business or entity shall sell prepacked food past date of minimum durability or shelf life.
The following information shall appear on the label of pre-packaged foods as applicable to the food being labelled, unless otherwise stipulated in a national or regional standard for a specific food product.
The name shall indicate the true nature of the food and normally be specific and not generic.
Where a name or names have been established for a food in a national or regional standard, at least one of these names shall be used.
In other cases, the name prescribed by the national competent authority shall be used.
In the absence of any such name, either a common or usual name that has been approved by the national standards body shall be used.
A coined, fanciful, brand name or trade mark may be used, provided it accompanies one of the names provided in 4.2.1.1 to 4.2.1.3.
The label shall state, additional words or phrases as necessary to avoid misleading or confusing the consumer in regard to the true nature and physical condition of the food. This shall be done either in conjunction with, or in close proximity to the name of the food.
NOTE Additional words or phrases may include the type of packing medium, style, and the condition or type of treatment it has undergone such as dried, concentrated, reconstituted, smoked.
A list of ingredients shall be declared on the label, except for:
single ingredient foods;
alcoholic beverages for which there exist regional standards (see 4.3.4); and
any other products permitted by the national standards body for exemption.
The list of ingredients shall be headed or preceded by an appropriate title
EXAMPLE Ingredients, Contents, Prepared from
All ingredients shall be listed in descending order of weight (e.g. Grams, kilograms) at the time of the manufacture of the food.
Where an ingredient is itself the product of two or more ingredients, such a compound ingredient may be declared as such in the list of ingredients, provided that it is immediately accompanied by a list, in brackets, of its ingredients in descending order of weight proportion (e.g. Grams, kilograms). Where a compound ingredient, for which a name has been established in a national or regional standard or in national legislation, constitutes less than 5% of the food, the ingredients need not be declared except in the following instances:
food additives which serve a technological function in the finished product or are present in such amounts that their declaration is required by the national and, where applicable, regional competent authority;
the ingredients listed in 4.3.1.4; and
the substances listed in 4.3.2.4.
The following foods and ingredients are known to cause hypersensitivity and shall always be declared:
cereals containing gluten such as, wheat, rye, barley, oats, spelt or their hybridized strains and their related products;
crustacea and crustacean products – including prawns, crab and lobster;
eggs and egg products;
fish and fish products;
peanuts, soybeans and their related products;
milk and milk products -lactose included;
tree nuts and nut products including almonds, hazelnuts, walnuts, cashews, pecan nuts, brazil nuts, pistachio nuts, macadamia or Queensland nut - Note: The name of the nut, e.g. 'almond', must be declared and highlighted, not 'nuts'; and
sulphur dioxide and sulphites at concentrations of more than 10mg/kg or 10mg/L in terms of total sulphur dioxide – used as a preservative.
celery
mustard
sesame seeds
lupin
Water added to a food shall be declared in the list of ingredients except when the water forms part of an ingredient such as brine, syrup or broth, used in a compound food and declared as such in the list of ingredients. Water or any volatile ingredients evaporated in the course of manufacture need not be declared.
Dehydrated or condensed foods which are intended to be reconstituted by the addition of water only, the ingredients of which may be listed in the descending order of proportion referred to as mass/mass in the reconstituted product, provided that a statement such as “ingredients of the product when prepared in accordance with the directions on the label”, is included.
A specific name shall be used for ingredients in the list of ingredients in accordance with the provisions stated in 4.2 with the exception of provisions stated in 4.3.2.1.
With the exception of those ingredients listed in 4.3.1.4, and unless a general class name would be more informative, the class names specified in Table 1 may be used for the ingredients falling within these classes.
Ingredients | Class names |
All spices and spice extracts not exceeding 2 % (m/m) either singly or in combination in the food | Spice, spices or mixed spices as appropriate |
All herbs or parts of herbs not exceeding 2 % (m/m) either singly or in combination in the food | Herbs, or mixed herbs as appropriate |
All types of accepted gum preparations used in the manufacture of gum base for chewing gum | Gum base |
All types of sucrose | Sugar |
Anhydrous dextrose and dextrose monohydrate | Dextrose or glucose |
All types of caseinates | Caseinates |
Press, expeller or refined cocoa butter | Cocoa butter |
All crystallized fruit not exceeding 10 % of the weight of the food | Crystallized fruit |
Notwithstanding the provision in 4.3.2.1, pork fat, lard and beef fat shall always be declared by their specific names.
For food additives falling in the respective classes and permitted for use in foods by the national and, where applicable, regional competent authority, the following class titles shall be used together with the specific name or International Numbering System (INS) numerical identification:
acid(s);
acidity regulator(s);
anti-caking agent(s);
anti-foaming agent(s);
antioxidant(s);
artificial colour;
bulking agent(s);
colour retention agent(s);
emulsifier(s);
emulsifying salt(s);
firming agent(s);
flavour enhancer(s);
flour treatment agent(s);
foaming agent(s);
gelling agent(s);
glazing agent(s);
humectant(s);
leavening agent(s);
natural colour;
preservative(s);
propellant(s);
stabilizer(s);
sweetener(s); and
thickener(s).
In addition to the provisions in 4.3.2.3, the following substances shall always be declared by name:
Aspartame;
Monosodium Glutamate;
Potassium Sorbate;
Sodium Benzoate; and
Sodium Nitrite.
The following class titles shall be used for food additives falling in the respective classes and permitted for use in foods by the national, and where applicable, regional competent authority:
flavour(s) and flavouring(s); and
modified starch(es).
The expression “flavours” shall be qualified by use of the expressions, “natural”, “natural identical”, “artificial” or a combination of these words as appropriate.
A food additive which has been carried over into a food through the use of raw materials or ingredients in which the additive was present, shall be included in the list of ingredients only if the resultant level of concentration is such that the additive performs a technological function in the food or if the national standards body requires its declaration.
Materials which are used for the purpose of functioning as processing aids are exempted from declaration in the list of ingredients. This exemption does not apply to food additives and processing aids listed in 4.3.1.4 and 4.3.2.4.
In addition to the provisions of 4.3.3.1 and 4.3.3.2, the ingredients or substances listed in 4.3.1.4 and 4.3.2.4 shall always be declared when present in a food.
The percentage by volume of alcohol present in the alcoholic beverage shall be shown on the main panel, followed by the words "alcohol by volume" or the abbreviation alc./vol. or % v/v. The percentage alcohol shall be determined by a method approved by a national standards body.
Alcoholic beverages, for which there are no individual regional standards, are deemed to be pre- packaged foods and shall comply with the requirements of this standard.
Any food or beverage that contains any of the following additive(s) shall bear a warning on the label:
Allura red (E129): May have an adverse effect on activity and attention in children;
4.3.5.2 Aspartame: Contains a source of phenylalanine;
Caffeine over 150 mg/l: Not suitable for children, pregnant women and persons sensitive to caffeine;
Carmoisine (E122): May have an adverse effect on activity and attention in children;
Polyols: Excessive consumption may cause a laxative effect;
Ponceau 4R (E124): May have an adverse effect on activity and attention in children;
Quinoline yellow (E104): May have an adverse effect on activity and attention in children;
Raw milk: This milk has not been heat-treated and may, therefore, contain organisms harmful to health;
Skimmed milk with non-milk fat: must show a warning that the product is unfit or not be used for babies;
Sunset yellow (E110): May have an adverse effect on activity and attention in children;
Tartrazine (E102): May have an adverse effect on activity and attention in children.
The net content shall be declared in the metric system (Système International d'Unités). If the imperial system is used to declare the net content, it shall be stated in conjunction with the metric system.
The net quantity (aka net weight, net content) shall be declared in the following manner:
by volume, for liquid foods;
by weight, for solid food; and
either by weight or volume, for semi-solid or viscous foods.
In addition to the declaration of net quantity, a food packed in a liquid medium shall carry a declaration in the metric system of the drained weight of the food. If the imperial system is used to declare the drained weight, it shall be stated in conjunction with the metric system.
NOTE Liquid medium includes water, oil, aqueous solutions of sugar and salt, fruit and vegetable juices in canned fruits and vegetables only, or vinegar, either singly or in combination.
Where the contents of a package of food are expressed in terms of weight or volume, any variation below the quantity declared shall be in accordance with the requirements of the laws of Saint Christopher and Nevis.
The name and address of the manufacturer, packer, distributor, importer, exporter, or vendor of the food shall be declared.
The country of origin of the food shall be declared.
When a food undergoes processing in a country which changes the nature of the food, the country in which the processing is performed shall be the country of origin for the purposes of labelling.
Each container shall be embossed or otherwise permanently coded or un-coded to identify the producing factory and the lot. Where a code is used, the key to the code shall be provided to the Bureau.
NOTE The lot identification or batch number is not a barcode
EXEMPTION Bulk goods that are traditionally repackaged in country into smaller portions for sale (i.e bag rice, flour, sugar, salt)
One of the following date marking requirements shall apply, as appropriate:
the date of minimum durability or shelf life shall be declared; or
the “use-by-date” shall be declared where the safety or quality of the food cannot be assured beyond a specified period.
These dates shall consist at least of:
the day, month and the year for products produced for consumption within a period of not more than three months; and
the month and the year for products produced for consumption within a period longer than three months.
The month shall be declared as follows:
the first three letters of the word:
EXAMPLE JAN, FEB;
the two digit numerical format:
EXAMPLE 01, 02;
The year shall be declared as follows:
a two digit numerical representation is adequate when accompanied by the first three letters of the month:
EXAMPLE JAN 08;
a four digit numerical representation, such as 2008, when the two digit numerical representation of the month is used:
EXAMPLE 01 2008.;
The date of minimum durability or shelf life shall be declared by the words "best before" or words expressing similar intent.
The words used to express date of minimum durability shall be accompanied by:
either the date itself; or
a reference to where the date is given.
An indication of the date of minimum durability shall not be required for:
fresh fruits, vegetables and ground provisions which have not been peeled, cut or similarly treated;
wines, liqueur wines, sparkling wines, aromatized wines, fruit wines, sparkling fruit wines and stout;
beverages containing 10 % or more by volume of alcohol;
bakers' or pastry-cooks' wares which, given the nature of their content, are normally consumed within 48 h of their manufacture;
vinegar;
food grade salt;
solid sugars;
confectionery products consisting of flavoured or coloured sugars;
chewing gum;
spices; or
any other products permitted by the national standards body for exemption.
In addition to the date set out in 4.8.1, any special conditions for the storage of the food shall be declared on the label if the validity of the date depends on the applicable storage conditions.
Instructions for use, including reconstitution, where applicable, shall be included on the label, to ensure correct utilization of the food.
Where the labelling of a food places special emphasis on the presence of one or more valuable or characterizing ingredients, or where the description of the food has the same effect, the percentage of the ingredient (mass/mass) at the time of manufacture shall be declared.
Where the labelling of a food places special emphasis on the low content of one or more ingredients, the percentage of the ingredient (m/m) in the final product shall be declared.
A reference in the name of a food to a particular ingredient shall not constitute the placing of special emphasis.
A reference in the labelling of a food to an ingredient used in a small quantity and only as flavouring shall not constitute the placing of special emphasis.
On any label or in any advertisement of artificial, imitation, substitute or synthetic food, the words “artificial”, “imitation”, “substitute”, “synthetic” or other appropriate words shall be stated in full, and shall:
be an integral part of the name of the food; and
be in identical type and be identically displayed with such name.
Food which has been treated with ionizing radiation shall carry a written statement, in close proximity to the name of the food on its label, indicating the use of that treatment,.
When an irradiated product is used as an ingredient in another food, then that product shall be declared in the list of ingredients.
When a single ingredient product is prepared from a raw material which has been irradiated, the label of that product shall contain a statement indicating the treatment.
Where a product or its ingredients are described by the terms “organic”, “biological”, “ecological”, “bio- dynamic” or words of similar intent, they shall be regarded as having an indication referring to organic production methods.
Organically produced foods shall be certified by a competent authority, as complying with the requirements specified by the Bureau for products bearing the designation.
Labelling requirements for foods for special dietary uses shall be in accordance with Annex B.
Labelling requirements for foods for food additives shall be in accordance with Annex C.
Any food item or product imported into Saint Christopher and Nevis shall bear a nutritional label.
Any food item or product exported from Saint Christopher and Nevis shall bear a nutritional label that conforms to the standards and laws of the importing country.
Where nutrition information is presented, it shall comply with the requirements for nutrition labelling and the use of nutrition claims stated in Annex D.
Labels in pre-packaged foods shall be applied in such a manner that they shall not become separated from the container where the food is packaged.
Statements required to appear on the label by virtue of this standard shall be clear, prominent, indelible and readily legible by the consumer under normal conditions of purchase and use.
The information appearing on the label shall be in letters or numbers of not less than 1.5 mm in height based on lower case “o”.
Where the container is covered by a wrapper, the wrapper shall carry the necessary information or the label on the container shall be readily legible through the outer wrapper or not be obscured by it.
The name and net content of the food shall appear on the main panel of the label.
The labelling requirements specified in this standard shall be in the official language(s) of the country in which the product is being sold.
All numbers relating to net content and drained weight stated on the label shall be given in Arabic numerals.
Where an individual operates a catering business or sells food loose or packaged for sale, the following information must be shown:
the name of the food
hypersensitivity or allergen information where applicable
Where a caterer provides information on the menu being used, it is only necessary to provide allergen information. Other than allergen information, a caterer does not need to provide any further information on loose food.
8.1.1.2 The person who is selling the food or operating a catering business must follow the rules for pre- packaged foods for any information that is given voluntarily (for example an ingredients list or a ‘use by’ date).
No person shall remove, add to, alter, deface or render illegible any statement or wording upon a label printed on or attached to pre-packaged food.
(1) Where, pursuant to section 51 of the Act, any person, enterprise, entity or corporation, fails to comply with the provisions of these Regulations, the Bureau , Consumer Affairs Department or the Public Health Department, hereinafter referred to as the named entities, in addition to any fine that is charged under the Act, the Bureau may prohibit that person, enterprise, entity or corporation from carrying on the importation, exportation, manufacture, distribution, sale of or use of the pre-packaged food item either absolutely or for a such a period of time as the Bureau may determine. .
Pursuant to the provisions of section 24(4)(b)(iii) and 24(7) (b) of the Act and regulation 10.1, the named entities, shall, where the need arises, have the power to remove or confiscate items from owners’ premises.
Where an item is removed or confiscated pursuant to the provisions of 10.1.1., the owner of the item shall have a period of 30 days to file an appeal to the Minister, after which, the item in question may be destroyed, at a cost to the owner.
Where an item does not meet the required labelling guidelines upon import, the item may
not be allowed within the borders of St. Kitts and Nevis; and
may be returned to the sender at a cost to the importer;, or
be destroyed at the cost of the importer.
Where any label or product is found to be deceptive, the owner or importer may be fined up to 10,000.00 .
(normative)
The following is prohibited:
claims stating that any given food will provide an adequate source of all essential nutrients, except in the case of well-defined products for which the national and, where applicable, regional competent authority permits this claim, or where appropriate International scientific consensus exists to support the assertion that the product is an adequate source of all essential nutrients;
claims implying that a balanced diet cannot supply adequate amounts of all nutrients;
claims which cannot be substantiated;
claims as to the suitability of a food for use in the prevention, alleviation, treatment or cure of a disease, disorder or particular physiological condition, unless specifically permitted by the national and, where applicable, regional competent authority; and
claims which are likely to create or give rise to doubt about the safety of similar foods or which could arouse or exploit fear in the consumer.
Potentially misleading claims are not allowed;
EXAMPLE 1 Meaningless claims, including incomplete comparatives and superlatives. EXAMPLE 2 Claims as to good hygiene practice, such as wholesome, healthful and sound.
The following claims are permitted subject to the particular condition attached to each:
an indication that a food has obtained an increased or special nutritive value by means of the addition of nutrients, such as vitamins, minerals and amino acids, shall be permitted if such an addition has been made on the basis of nutritional considerations elaborated by the national competent authority and which are consistent with the relevant legislation;
an indication that a food has special nutritional qualities as a result of the reduction or omission of a nutrient, shall be permitted on the basis of nutritional considerations elaborated by the national competent authority and which are consistent with the relevant legislation;
terms such as natural, pure, fresh, homemade, organically grown shall only be used when the product satisfies the definitions for these terms, as defined by the national and, where applicable, regional competent authority;
an indication that a food conforms to a particular religious or ritual preparation, shall be permitted provided that there is adequate justification that the food actually conforms to the preparatory requirements of the appropriate religious or ritual authorities, such as being halal or kosher;
an indication that a food has special characteristics when all such foods have the same characteristics;
an indication of the absence or non-addition of particular substances to food is permitted provided that it is not misleading and provided that the substance:
is not subject to specific requirements in any national or regional standard;
is one which consumers would normally expect to find in the food;
has not been substituted by another, giving the food equivalent characteristics, unless the nature of the substitution is clearly stated with equal prominence; and
is one whose presence or addition is permitted in the food.
an indication of the absence or non-addition of one or more nutrients shall be regarded as a nutrition claim and therefore it shall be required that the product provides nutrition labelling in accordance with the specifications stated in Annex D.
(normative)
The labelling and advertising of foods for special dietary uses shall not imply that advice from a competent authority is not needed.
The labels of all pre-packaged foods for special dietary uses shall bear the information required by 4.1 to 4.4 of this standard as applicable to the food being labelled, except as stated in a specific national or regional standard.
In addition to the declaration of the name of the food in accordance with 4.1, the following provisions shall apply:
the designation “special dietary”, “special dietetic” or an appropriate equivalent term, is permitted when used in conjunction with the name of the food only where the product corresponds to the definition of foods for special dietary uses; and
the characterizing feature, but not the condition for which the food is intended, shall be stated in appropriate descriptive terms in close proximity to the name of the food.
Nutrition labelling shall include the following:
the total quantity of those specific nutrients or other components, which provide the characterizing feature for the special dietary use for which the food is intended per 100 g or 100 ml, and where appropriate, per specified quantity of the food as suggested for consumption.
the specifications stated in Annex D.5.
In addition to the declaration of date marking and storage instructions in accordance with 4.8, storage instructions of opened packages of a food for special dietary uses shall be included on the label to ensure that the opened product maintains its wholesomeness and nutritive value.
A warning shall be included on the label if the food is not capable of being stored after opening, or if it is not capable of being stored in the container after opening.
Any claims made for the foods covered by this standard shall be in accordance with the specifications for Claims stated in Annex A.
Where a claim is made that a food is suitable for special dietary use, that food shall comply with all provisions of this standard except as otherwise provided in a specific national or regional standard for foods for special dietary uses.
A food, which has not been modified in accordance with the definition of foods for special dietary uses but is suitable for use in a particular dietary regimen because of its natural composition, shall not be designated “special dietary” or “special dietetic” or any other equivalent term. Such a food is permitted to carry a statement on the label e.g. “this food is by its nature “X” where "X” refers to the essential distinguishing characteristic, provided that such statement does not mislead the consumer.
(normative)
The term “x flavour” is permitted to be used to describe a flavour which is not derived from, but reproduces the flavour of “x”.
NOTE Sodium chloride is not included as an additive to which these specifications apply.
The labels of all food additives sold by retail shall carry the information required by C.2.1 to C.2.4, as applicable to the food additive being labelled.
The name of each food additive present shall be given. The name shall be specific and not generic and shall indicate the true nature of the food additive. Where a name has been established for a food additive in a CODEX Alimentarius list of additives, that name shall be used. In other cases, the common or usual name shall be listed or, where none exists, an appropriate descriptive name shall be used.
If two or more food additives are present, their names shall be given in the form of a list in the order of proportion by weight which each food additive bears to the total contents of the container. The food additive present in the greatest proportion by weight shall be listed first. Where one or more of the food additives is subject to a quantitative limitation in a food covered by a national standard, the quantity or proportion of that additive shall be stated. If food ingredients are part of the preparation, they shall be declared in the list of ingredients in descending order of proportion.
In the case of mixtures of flavourings, the name of each flavouring present in the mixture is not required. The generic expression “flavour” or “flavouring” is permitted together with a true indication of the nature of the flavour. The expression “flavour” or “flavouring” may be qualified by the words “natural”, “natural– identical”, “artificial”, or a combination of these words as appropriate.
NOTE This provision applies to herbs and spices, but not to flavour modifiers.
Food additives with a shelf-life not exceeding 18 months shall carry the date of minimum durability.
The words “For Food Use” or a similar statement shall appear in a prominent position on the label.
Adequate information shall be given about the manner in which the food additive is to be stored and used in food.
The net content shall be declared in the metric system of measurement in the following manner:
by volume or weight, for liquid food additives;
by weight for solid food additives, other than those sold in tablet form;
either by weight or volume for semi-solid or viscous food additives; and
by weight, together with the number of tablets in the package for food additives sold in tablet form.
Each container shall be coded or un-coded to identify the producing factory and the lot.
The labels of all food additives sold other than by retail shall carry the information stated in C.2.1 to C.2.4 except that:
where the food additives in non-retail containers are intended for further industrial processing, the required information, other than that described in C.2.1.1 and C.2.1.4, is allowed on the documents relating to the sale; or
where one or more food additives is subject to a quantitative limitation in a food to be sold, the quantity or proportion of that additive or adequate instruction to enable compliance with the limitation, shall be given.
Statements required to appear on the label are not permitted to be obscured by designs or by other written, printed or graphic matter and shall be on a contrasting background. The letters in the name of a food additive shall be in a size equivalent to the most prominent, printed matter on the label. The name and net content shall appear on the main panel of the label.
(normative)
Information supplied shall be for the purpose of providing consumers with a suitable profile of nutrients contained in the food and considered to be of nutritional importance. The information shall provide to consumers an understanding of the quantity of nutrients contained in the product and shall not mislead them with respect to the exact quantitative knowledge of nutrients required to maintain good health.
Nutrition labelling shall not imply that a food which carries such labelling has necessarily any nutritional advantage over a food which is not so labelled.
Nutrient declaration is required whenever a nutrition or health claim is made for a food.
Nutrient declaration is voluntary for all other foods.
Where nutrient declaration is applied, the following is mandatory:
energy value;
the amounts of protein, available carbohydrates such as carbohydrates excluding dietary fibre, fat, saturated fat and total sugars;
the amount of any other nutrient for which a nutrition claim is made; and
the amount of any other nutrient considered relevant for maintaining a good nutritional status, as determined by the national competent authority.
In addition to the requirements of D.3.2.1, the nutrient labelling shall consist of information on the sugars, dietary fibre, saturated and trans fatty acids and sodium, where these are declared.
Where a claim is made regarding the amount or type of fatty acids or cholesterol, the amounts of saturated fatty acids or cholesterol and of polyunsaturated and trans-fatty acids shall be declared in accordance with D.3.4.7.
In addition to the mandatory declaration under D.3.2.1, D.3.2.2, and D.3.2.3, only vitamins and minerals for which recommended intakes have been established, or which are declared to be of nutritional importance, by the national competent authority, shall be declared.
When nutrient declaration is applied, vitamins and minerals which are present in amounts less than 5 % of the Nutrient Reference Value (NRV) or of the guidelines of the national competent authority, per 100 g or 100 ml or per serving, as quantified on the label, are not required to be declared.
In the case where a product is subject to labelling requirements of a national or regional standard, the provisions for nutrient declaration stated in that standard shall take precedence over the provisions of
to D.3.2.5.
The declaration of nutrient content shall be numerical. The use of additional means of presentation is permitted.
Information on energy value should be expressed in kJ and kcal, or calories per 100 g or per 100 ml or per package if the package contains only a single portion. In addition, this information may be given per serving as quantified on the label, or per portion, provided that the number of portions contained in the package is stated.
Information on the amounts of protein, carbohydrate and fat in the food shall be expressed in g per 100 ml or per package if the package contains only a single portion. Alternatively, this information may be given per serving as quantified on the label or per portion provided that the number of portions contained in the package is stated. Information on protein content may also be expressed as percentages of the Nutrient Reference Value.
Numerical information on vitamins and minerals shall be expressed in metric units or as a percentage of the Nutrient Reference Value per 100 g or per 100 ml or per package if the package contains only a single portion. In addition, this information may be given per serving as quantified on the label or per portion provided that the number of portions contained in the package is stated.
The Nutrient Reference Values given in Table D.2 shall be used for labelling purposes.
NOTE Nutrient Reference Values originating from countries or regions outside of the Caribbean region may be used once the country or region of origin is declared.
The information required by D.3.4.2, D.3.4.3 and D.3.4.4 may be given per serving only, as quantified on the label, or per portion, provided that the number of portions contained in the package is stated.
Nutrient | Unit | Value |
Calcium | mg | 800 |
Copper | Value established by the competent national authority | |
Folic Acid | μg | 200 |
Iodine | μg | 150 |
Iron | mg | 14 |
Magnesium | mg | 300 |
Niacin | mg | 18 |
Protein | g | 50 |
Riboflavin | mg | 1.6 |
Selenium | Value established by the competent national authority | |
Thiamin | mg | 1.4 |
Vitamin A | μg | 800 |
Vitamin B6 | mg | 2 |
Vitamin B12 | μg | 1 |
Vitamin C | mg | 60 |
Vitamin D | μg | 5 |
Zinc | mg | 15 |
The presence of carbohydrates shall be declared on the label as “carbohydrates”. Where the type of carbohydrate is declared, this declaration shall follow immediately after the declaration of the total carbohydrate content in the following format:
“Carbohydrate … g, of which sugars … g”
This may be followed by:
“x” … g
where x represents the specific name of any other carbohydrate constituent.
Where the amount or type of fatty acids or cholesterol is declared, this declaration shall follow immediately the declaration of the total fat in accordance with D.3.4.3.
The following format shall be used:
Total Fat ... g
of which saturated fatty acids ... g trans fatty acids ... g monounsaturated fatty acids ... g polyunsaturated fatty acids ... g Cholesterol ... mg
Tolerance limits for compliance with these requirements shall be those established by the national standards body.
The values used in nutrient declaration shall be weighted average values derived from data specifically obtained from analyses of products which are representative of the product being labelled.
In those cases where a product is subjected to a national or regional standard, requirements for tolerances for nutrient declaration established by the standard shall take precedence over these specifications.
The use of supplementary nutrition information on food labels is optional and shall only be given in addition to, and not in place of, the nutrient declaration.
NOTE 1 Supplementary nutrition information is intended to increase the consumer’s understanding of the nutritional value of food and to assist in interpreting the nutrient declaration. There are a number of ways of presenting such information, which may be suitable for use on food labels.
NOTE 2 Supplementary nutrition information, on labels shall be accompanied by consumer education programmes, which are designed to increase consumer understanding and use of the information.
When a nutrient content claim that is listed in Table D.3 or a synonymous claim is made, the conditions specified in the table for that claim shall apply.
Where a food is by its nature low in, or free of, the nutrient that is the subject of the claim, the term describing the level of the nutrient shall immediately precede the name of the food and be in the form “a low (naming the nutrient) food” or “a (naming the nutrient)-free food”.
Comparative claims are permitted, subject to the following conditions and based on the food as sold, taking into account further preparation required for consumption according to the instructions for use on the label:
The foods being compared shall be different versions of the same food or similar foods. The foods being compared shall be clearly identified.
A statement of the amount of difference in the energy value or nutrient content shall be given.
The following information shall appear in close proximity to the comparative claim:
The amount of difference related to the same quantity, expressed as a percentage, fraction, or an absolute amount. Full details of the comparison shall be given.
The identity of the food to which the food is being compared. The food shall be described in such a manner that it can be readily identified by consumers.
Component | Claim | Conditions (not more than) |
Energy | Low Free | 40 kcal (170 kJ) per 100 g (solids) 20 kcal (80 kJ) per 100 ml (liquids) 4 kcal (17 kJ) per 100 ml (liquids) |
Trans fat | Free | 0.5 g per reference amount and serving of stated size |
Cholesterol | Low Free | 0.02 g per 100 g (solids) 0.01 g per 100 ml (liquids) 0.005 g per 100 g (solids) 0.005 g per 100 ml (solids) and, for both claims, less than: 1.5 g saturated fat per 100 g (solids) 0.75 g saturated fat per 100 ml (liquids) and 10 % of energy of saturated fat |
Protein | Source High | 10 % of NRV per 100 g (solids) 5 % of NRV per 100 ml (liquids) or 5 % of NRV per 100 kcal (12 % of NRV per 1 MJ) or 10 % of NRV per serving 2 times the values for “source” |
Vitamins and Minerals | Source High | 15% of NRV per 100 g (solids) 7.5% of NRV per 100 ml (liquids) or 5% of NRV per 100 kcal (12% of NRV per 1 MJ) or 15% of NRV per serving 2 times the value for “source” |
Table D.3.1 — Nutrient content claim for foods per 100 grams (g)
Component | Free | Low | Medium | High |
Total Fat | ≤0.1 g per 100 g | >0.1 g to ≤3.0 g per 100 g | >3.0 g to ≤17.5 g per 100 g | >17.5 g per 100 g |
Saturated Fat | ≤0.1 g per 100 g | >0.1 g to ≤1.5 g per 100 g | >1.5 g to ≤5.0 g per 100 g | >5.0 g per 100 g |
Total Sugars | ≤0.5 g per 100 g | >0.5 g to ≤5.0 g per 100 g | >0.5 g to ≤22.5 g per 100 g | >22.5 g per 100 g |
Sodium | ≤0.005 g per 100 g | >0.005 g to ≤0.12 g per 100 g | >0.12 g to ≤1.5 g per 100 g | >1.5 g per 100 g |
Table D.4.2 — Nutrient content claim for beverages per 100 millilitres (ml)
Component | Free | Low | Medium | High |
Total Fat | ≤0.1 g per 100 ml | >0.1 g to ≤1.5 g per 100 ml | >1.5 g to ≤8.75 g per 100ml | >8.75 g per 100 ml |
Saturated Fat | ≤0.1 g per 100 ml | >0.1 g to ≤0.75 g per 100 ml | >0.75 g to ≤2.5 g per 100ml | >2.5 g per 100 ml |
Total Sugars | ≤0.5 g per 100 ml | >0.5 g to ≤2.5 g per 100 ml | >2.5 g to ≤11.25 g per 100ml | >11.25 g per 100 ml |
Sodium | ≤0.005 g per 100 ml | >0.005 g to ≤0.12 g per 100 ml | >0.12 g to ≤0.75 g per 100ml | >0.75 g per 100ml |
The comparison shall be based on a relative difference of at least 25 % in the energy value or nutrient content, except for micronutrients where a 10 % difference in the NRV would be acceptable, between the compared foods; and a minimum absolute difference in energy value or nutrient content equivalent to the figure defined as “low” or as a “source” in Table D.3 – D3.2.
The use of the words “light” or “lite” shall follow the same criteria as for “reduced” and include an indication of the characteristics which make the food “light” or “lite”.
Health claims are permitted provided the following conditions are fulfilled:
health claims shall be based on current relevant scientific substantiation and the level of proof shall be sufficient to validate the type of claimed effect, as recognized by generally accepted scientific review of the data. This substantiation shall be reviewed as new information becomes available;
for any health claim to be permitted on a label, it shall first have the approval of the national and, where applicable, regional competent authority. Only health claims which support national health policy and goals shall be permitted;
the claim about a food or food constituent shall be stated within the context of the total diet;
the claimed benefit shall arise from the consumption of a reasonable quantity of the food or food constituent, in the context of a normal diet;
if the claimed benefit is attributed to a constituent in the food, the food shall be:
a significant or high source of the constituent in the case where increased consumption is recommended; or
low in, reduced in or free of the constituent in the case where reduced consumption is recommended; or
NOTE Where appropriate, the conditions for nutrient content claims and comparative claims may be used to determine the levels for “high”, “low”, “reduced” and “free”.
only those essential nutrients for which a NRV has been established, or those nutrients which are mentioned in officially recognized dietary guidelines elaborated by the national competent authority, shall be the subject of a nutrient function claim.
A national competent authority shall reserve the right to prohibit claims made for food that contains nutrients or constituents in amounts that increase the risk of disease or an adverse health-related condition. The health claim is not permitted if it encourages or condones excessive consumption of any food or disparages good dietary practice.
If the claimed effect is attributed to a constituent of the food, there shall be a validated method to quantify the food constituent, which forms the basis for the claim.
A statement of the quantity of any nutrient or other constituent of the food, which is the subject of the claim, shall appear on the label or labelling of the food bearing health claims.
The following information shall be placed on the label as deemed necessary by the national competent authority:
information on the identity of the target group;
information on how to use the food to obtain the claimed benefit;
advice to groups who might be adversely affected by the food and to any who need to avoid the food completely; and
maximum safe intake level of the food.
Claims that relate to dietary guidelines or healthy diets are permitted subject to the following conditions:
claims related to the pattern of eating shall be contained in dietary guidelines officially recognized by the national competent authority;
flexibility in the wording of claims is acceptable, provided the claims remain consistent with the pattern of eating outlined in the dietary guidelines;
claims related to a healthy diet, or any synonymous term, are considered to be claims about the pattern of eating contained in the dietary guidelines and should be consistent with the guidelines;
foods, which are described as part of a healthy diet or healthy balance shall not be based on selective consideration of one or more aspects of the food but shall satisfy certain minimum criteria for other major nutrients related to dietary guidelines;
foods described as healthy, or represented in a manner that implies that a food, in and of itself, will impart health are not permitted; and
food may be described as part of a healthy diet provided that the label carries a statement relating the food to the pattern of eating described in the dietary guidelines.
Health and nutrition claims covered by this standard are stated in Table E.1.
Nutrient function claim is a nutrition claim that describes the physiological role of the nutrient in growth, development and normal functions of the body.
EXAMPLE 1 Calcium aids in the development of strong bones and teeth EXAMPLE 2 Protein helps build and repair body tissues
EXAMPLE 3 Iron is a factor in red blood cell formation
EXAMPLE 4 Vitamin E protects the fat in body tissues from oxidation
EXAMPLE 5 Contains folic acid which contributes to the normal growth of the foetus
These claims concern specific beneficial effects of the consumption of foods and their constituents, in the context of the total diet, on physiological or psychological functions or biological activities, but do not include nutrient function claims. Such claims relate to a positive contribution to health or to the improvement of a function or to modifying or preserving health.
EXAMPLE 1 Certain non-digestible oligosaccharides improve the growth of specific bacterial flora in the gut. EXAMPLE 2 Folate can help reduce plasma homocysteine levels.
EXAMPLE 3 X may assist in increasing alertness.
Claims relating the consumption of a food or food constituent, in the context of the total diet, to the reduced risk of developing a disease or health-related condition. The claim should consist of two parts in the following order:
information on an accepted diet-health relationship; and
information on the composition of the product relevant to the relationship, unless the relationship is based on a whole food or foods.
EXAMPLE 1 Iron can help reduce the risk of anaemia. Food A is a rich source of iron.
EXAMPLE 2 A diet low in saturated fat may reduce the risk of heart disease. Food B is low in saturated fat. EXAMPLE 3 Folate may reduce a woman’s risk of having a child with neural tube defects. Food C is high in folate. EXAMPLE 4 Sufficient calcium intake may reduce the risk of osteoporosis in later life. Food D is high in calcium.
Component | Type of claim | Claim |
Calcium | Nutrient content claim | Food A is a source of calcium |
Comparative claim | Food A contains x % more calcium than … | |
Nutrient function claim | Calcium aids in the development of strong bones and teeth. Food A is a source of (or rich in) calcium. | |
Enhanced function claim | Calcium may help to improve bone density. Food A is a source of/rich in calcium. | |
Reduction of disease risk claim | Sufficient calcium intake may reduce the risk of osteoporosis in later life. Food A is high in calcium. | |
Nutrient content claim | Food B is a source of iron | |
Comparative claim | Food B contains an increased content of iron | |
Nutrient function claim | Iron is a factor in red blood cell formation. Food B is a source of (or rich in) iron. | |
Enhanced function claim | A good iron status may promote physical endurance. Food B is a rich source of (or rich in) iron. | |
Reduction of disease risk claim | Iron deficiency is common among women. Good dietary habits can reduce the risk of developing iron deficiency. Food B is an important source of the type of iron that is readily absorbed by the body. | |
Folic Acid | Nutrient content claim | Food C is a source of folic acid |
Comparative claim | Food C contains x % more folic acid than… | |
Nutrient function claim | Folic acid contributes to the normal growth of the foetus. Food C contains folic acid | |
Reduction of disease risk claim | Folate may help to normalize plasma homocysteine levels. Food C is a source of (or rich in) folate. | |
General Examples | Nutrient content claim | Food D is high in fibre Food D is low in fat |
Comparative claim | Component X has been reduced in Food E Food E contains less component X than… | |
Nutrient function claim | Protein helps build and repair body tissues Vitamin E protects the fat in body tissues from oxidation Certain non-digestible oligosaccharides improve the growth of specific bacterial flora in the gut. Food F may assist in increasing alertness | |
Reduction of disease risk claim | A diet low in saturated fat may reduce the risk of heart disease. Food G is low in saturated fat | |
NOTE The use of these examples does not represent an endorsement of the specific claims listed in the Table. | ||
Dated this day of , 2023
………………………………………… DENZIL LLEWELLYN DOUGLAS
Minister responsible for International Trade, Industry, Commerce and Consumer Affairs