CHAPTER V

VOLUNTARY FOOD INFORMATION

Applicable requirements
Article 36
1
Where food information referred to in Articles 9 and 10 is provided on a voluntary basis, such information shall comply with the requirements laid down in Sections 2 and 3 of Chapter IV.
2
Food information provided on a voluntary basis shall meet the following requirements:
a
it shall not mislead the consumer, as referred to in Article 7;
b
it shall not be ambiguous or confusing for the consumer; and
c
it shall, where appropriate, be based on the relevant scientific data.
3
Regulations may be made on the application of the requirements referred to in paragraph 2 of this Article to the following voluntary food information:
a
information on the possible and unintentional presence in food of substances or products causing allergies or intolerances;
b
information related to suitability of a food for vegetarians or vegans;
c
the indication of reference intakes for specific population groups in addition to the reference intakes set out in Annex XIII; and
d
information on the absence or reduced presence of gluten in food.
...
4
In order to ensure that consumers are appropriately informed, where voluntary food information is provided by food business operators on a divergent basis which might mislead or confuse the consumer, regulations may provide for additional cases of provision of voluntary food information to the ones referred to in paragraph 3 of this Article.

Presentation
Article 37
Voluntary food information shall not be displayed to the detriment of the space available for mandatory food information.
Substituted by Commission Delegated Regulation (EU) No 1155/2013 of 21 August 2013 amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers as regards information on the absence or reduced presence of gluten in food.
Inserted by Commission Delegated Regulation (EU) No 1155/2013 of 21 August 2013 amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers as regards information on the absence or reduced presence of gluten in food.
Words in Art. 36(3) substituted (31.12.2020) by The Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/778), regs. 1, 4(19)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 36(3) omitted (31.12.2020) by virtue of The Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/778), regs. 1, 4(19)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 36(4) substituted (31.12.2020) by The Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/778), regs. 1, 4(19)(b); 2020 c. 1, Sch. 5 para. 1(1)