Indicación del país de origen en leche y productos lácteos

Indicación del país de origen en leche y productos lácteos

On January 21st of 2019, Royal Decree 1181/2018, of September 21, regarding the indication of the origin of milk used as an ingredient in the labeling of milk and dairy products, comes into force in Spain.

This means that from now on in milk and dairy products such as cream, butter, whey, etc. we will find the indication of the origin of milking and transformation of the milk used as an ingredient in such products that are sold packaged in Spain.

If we go back to Regulation 1169/2011 on food information provided to the consumer - the base document that governs most of the mandatory information and specifications that must be included in the labelling of packaged products-, Article 26 establishes the obligation to indicate the country of origin in certain foods when the omission of the same may mislead the consumer on this aspect, but specifically it was determined that said indication in the case of milk and dairy products was voluntary until the contrary was established.

However, through surveys directed at the Spanish consumer, it has been possible to justify to the European Commission that the indication of the origin of the milk used in these products is a demanded information, and that this origin is also linked to the quality of the material so it is considered as important information for consumers.

Therefore, the obligation to indicate the country of origin of the milk (which represents more than 50% by weight of the product) used in the following products is determined in this legal document:

•         Non concentrated milk and cream, sweetened or otherwise sweetened.
•       Concentrated milk and cream, sweetened or otherwise sweetened.
•         Buttermilk, curdled milk and cream, yogurt, kefir and other fermented or acidified milk and cream, whether or not concentrated, sweetened or otherwise sweetened or flavored, or with fruit or cocoa.
•          Whey, whether or not concentrated, sweetened or otherwise sweetened; products made up of the natural components of milk, whether or not sweetened or sweetened in any other way, not elsewhere specified or included.
•          Butter and other fats from milk; dairy spreads.
•          Cheeses and cottage cheese. 

As an exception, the voluntariness of indicating this information is collected in those products subject to protected designations of origin and protected geographical indications, since they are governed by a higher-ranking legislative document, a Regulation.

In addition, it is specified that due to the particularities or differences of origin that the milk may have depending on the stage of its transformation in which it is, to guarantee the clarity of the information for consumers, the following will be indicated:

1.         Milking Country.

2.       The Country of transformation.

3.       If the country of the two previous points coincides, then “Origin of milk” will be indicated and then the origin.

4.       For the indication of the milking and processing place, reference will be made to one of the following geographical areas:

-          Member States or third countries

-          "EU" or "Outside the EU" or "EU and outside the EU"

-          Spain, if it is the milking and processing country

All these indications must appear near the list of ingredients, in the same size and color as the same.

In case there is no list of ingredients, it will be indicated near the name of the food, in the same size and color as it.

Additionally, other voluntary information may be indicated, such as the place of regional or territorial origin of the milk, as long as these names do not coincide with a protected name (Regulation EU 1151/2012) so as not to incur incompatibilities.

Finally, it should be noted that the provisions of this new Royal Decree do not apply to products marketed or manufactured in other member states of the European Union, that products legally manufactured before the entry into force of the aforementioned document may be marketed until the end. of stocks, and that the period of application for the same is two years.

If you have doubts about the labeling of dairy products or other types of products, do not hesitate to contact us. We will help you.