Technical Regulations TR CU 022/2011

TECHNICAL REGULATION
OF THE CUSTOMS UNION
TR CU 022/2011
Food Products in Terms of Their Labelling

Contents

Foreword

Article 1. Scope of Application

Article 2. Definitions

Article 3. Rules for Product Circulation on the Market

Article 4. Requirements for Food Product Labelling

4.1. Requirements for the Labelling of Packaged Food Products

4.2. General Requirements for the Labelling of Food Products Placed in Transport Packaging

4.3. General Requirements for Forming the Name of the Food Product

4.4. General Requirements for Indicating the Composition of the Food Product in the Labelling

4.5. General Requirements for Indicating the Quantity of Packaged Food Products in the Labelling

4.6. General Requirements for Indicating the Date of Manufacture of Food Products in the Labelling

4.7. General Requirements for Indicating the Shelf Life of Food Products in the Labelling

4.8. General Requirements for Indicating in the Labelling the Name and Location of the Manufacturer of the Food Product, the Person Authorised by the Manufacturer, and the Importer

4.9. General Requirements for Indicating the Nutritional Value of Food Products in the Labelling

4.10. General Requirements for Indicating Information on the Distinctive Characteristics of Food Products in the Labelling

4.11. Requirements for Indicating in the Labelling Information on the Presence in Food Products of Ingredients Obtained Using Genetically Modified Organisms

4.12. Requirements for Methods of Providing Labelling

Article 5. Ensuring Compliance with the Requirements for Food Products in Terms of Their Labelling

Annex 1 Types of Ingredients Whose Names May Be Replaced by the Names of Types of Food Products

Annex 2 Average Daily Requirement for Essential Nutrients and Energy for Applying Food Product Labelling

Annex 3 Rules for Rounding the Values of Food Product Nutritional Value Indicators

Annex 4 Conversion Factors for Converting Essential Nutrients of Food Products into Energy Value

Annex 5 Conditions for Using Information on the Distinctive Characteristics of Food Products in Food Product Labelling

Foreword

1. This Technical Regulation of the Customs Union has been developed in accordance with the Agreement on Common Principles and Rules of Technical Regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation dated 18 November 2010.

2. This Technical Regulation of the Customs Union has been developed to establish, within the single customs territory of the Customs Union, uniform mandatory requirements for food products in terms of their labelling that are applicable and enforceable, to ensure the free movement of food products placed on the market within the single customs territory of the Customs Union.

Article 1. Scope of Application

1. This Technical Regulation of the Customs Union applies to food products placed on the market within the single customs territory of the Customs Union in terms of their labelling.

2. This Technical Regulation of the Customs Union does not apply to food products produced by catering organizations in the course of providing catering services for consumption at the place of production, or to food products produced by individuals in personal subsidiary holdings not for the purposes of conducting business activities.

3. This Technical Regulation of the Customs Union establishes requirements for food products in terms of their labelling in order to prevent actions that mislead consumers and to ensure the exercise of consumers' rights to reliable information about food products.

4. When applying this Technical Regulation of the Customs Union, additional requirements of the Customs Union Technical Regulations for specific types of food products in terms of their labelling that do not contradict this Technical Regulation shall be taken into account.

Article 2. Definitions

The following terms and their definitions are used in this Technical Regulation of the Customs Union:

date of manufacture of the food product – the date on which the technological production process for the food product ends;

information on the distinctive characteristics of food products – information about food products indicating the presence of properties that distinguish them from other food products (including nutritional value, place of origin, composition and other properties);

insert – an information carrier on which labelling is applied and which is placed in consumer packaging and (or) transport packaging, or is attached to consumer packaging and (or) transport packaging;

label – an information carrier to which labelling is applied and which is attached to consumer packaging and (or) transport packaging, including by means of adhesive application;

food product labelling – information about food products applied in the form of inscriptions, drawings, marks, symbols, other designations and (or) combinations thereof to consumer packaging, transport packaging or another type of information carrier attached to consumer packaging and (or) transport packaging, or placed in them or attached thereto;

consumer – an individual intending to order or purchase, or ordering, purchasing or using food products exclusively for personal, family, household and other needs not related to conducting business activities;

fanciful name of the food product – a word or phrase that may supplement the name of the food product. The fanciful name of the food product may not reflect its consumer properties and must not replace the name of the food product;

purchaser of food products – a legal entity or individual, including a consumer, purchasing food products for use for any purposes;

packaged food product – a food product placed in consumer packaging;

Terms not defined in this Article are used in this Technical Regulation of the Customs Union with the meanings established by the legislation of the Customs Union.

Article 3. Rules for Placing Products on the Market

Food products shall be placed on the market if their labelling complies with this Technical Regulation of the Customs Union and with other Customs Union Technical Regulations applicable to them.

Article 4. Requirements for Food Product Labelling 4.1. Requirements for the Labelling of Packaged Food Products

1. The labelling of packaged food products shall contain the following information:

1) name of the food product;

2) composition of the food product, except in the cases provided for in Clause 7 of Part 4.4 of this Article and unless otherwise provided for by the Customs Union Technical Regulations for specific types of food products;

3) quantity of the food product;

4) date of manufacture of the food product;

5) shelf life of the food product;

6) storage conditions for the food product established by the manufacturer or provided for by the Customs Union Technical Regulations for specific types of food products. For food products whose quality and safety change after opening the packaging that protected the product from deterioration, the storage conditions after opening the packaging shall also be indicated;

7) name and location of the manufacturer of the food product, or surname, first name, patronymic and location of the individual entrepreneur who is the manufacturer of the food product (hereinafter, the name and location of the manufacturer), as well as, in the cases established by this Technical Regulation of the Customs Union, the name and location of the person authorised by the manufacturer, the name and location of the importer organization, or surname, first name, patronymic and location of the individual entrepreneur who is the importer (hereinafter, the name and location of the importer);

8) recommendations and (or) restrictions on use, including preparation of the food product, where its use without such recommendations or restrictions is difficult or may cause harm to consumers' health or property, or result in a reduction or loss of the taste properties of the food product;

9) nutritional value indicators of the food product, taking into account the provisions of Part 4.9 of this Article;

10) information on the presence in the food product of ingredients obtained using genetically modified organisms (hereinafter, GMOs).

11) the single mark of product circulation on the market of the Member States of the Customs Union;

2. The packaged food product labelling provided for in Clause 1 of Part 4.1 of this Article and applied in the form of inscriptions shall be in Russian and in the official language(s) of the Member State of the Customs Union where the relevant requirements are established by the legislation(s) of the Member State(s) of the Customs Union, except in the cases specified in Clause 3 of Part 4.8 of this Article.

3. The labelling of packaged food products may include additional information, including information about the document pursuant to which the food product was produced and can be identified, the fanciful name of the food product, the trademark, information about the holder of the exclusive right to the trademark, the designation of origin of the food product, the name and location of the licensor, and marks of voluntary certification systems.

4. Additional requirements for the labelling of packaged food products that do not contradict the requirements of this Technical Regulation of the Customs Union may be established in the Customs Union Technical Regulations for specific types of food products.

5. Non-alcoholic beverages containing caffeine in an amount exceeding 150 mg/l and (or) medicinal plants and their extracts in an amount sufficient to produce a tonic effect on the human body shall bear the statement "Consumption is not recommended for children under 18 years of age, during pregnancy and breastfeeding, or for persons suffering from increased nervous excitability, insomnia or arterial hypertension".

4.2. General Requirements for the Labelling of Food Products Placed in Transport Packaging

1. The labelling of transport packaging containing food products must contain the following information:

1) name of the food product;

2) quantity of the food product;

3) date of manufacture of the food product;

4) shelf life of the food product;

5) storage conditions for the food product;

6) information enabling the batch of food products to be identified (for example, the batch number);

7) name and location of the manufacturer of the food product or the surname, first name, patronymic and location of the individual entrepreneur who is the manufacturer of the food product.

If food products without consumer packaging intended by the manufacturer for subsequent packing (sweets, granulated sugar and other food products) are placed in transport packaging, the labelling of the transport packaging containing such food products must comply with the requirements provided for in paragraph 1 of Part 4.1 of this Article.

2. The labelling provided for in paragraph 1 of Part 4.2 of this Article and applied in the form of inscriptions to food products placed in transport packaging must be in Russian and in the state language(s) of the Member State of the Customs Union where the relevant requirements are established by the legislation of the Member State(s) of the Customs Union, except in the cases specified in paragraph 3 of Part 4.8 of this Article.

3. If the labelling provided for in paragraph 1 of Part 4.1 of this Article and applied to the consumer packaging of food products placed in transport packaging can be made available to consumers of such products without compromising the integrity of the transport packaging, that labelling need not be applied to the transport packaging.

4. The labelling of food products placed in transport packaging may include additional information, including information about the document in accordance with which the food product was produced and may be identified, the fanciful name of the food product, the trademark, information about the holder of the exclusive right to the trademark, the designation of origin of the food product, the name and location of the licensor, and marks of voluntary certification systems.

5. Additional requirements for the labelling of food products packaged in transport packaging that do not conflict with the requirements of this Technical Regulation of the Customs Union may be established in the Technical Regulations of the Customs Union for specific types of food products.

4.3. General Requirements for the Formation of the Name of the Food Product

1. The name of the food product indicated in the labelling must make it possible to classify the product as a food product, accurately describe it and distinguish it from other food products.

The fanciful name of the food product (if any) must be included in the name of the food product and placed in its immediate proximity.

2. When Technical Regulations of the Customs Union for certain types of food products enter into force, the name of the food product must comply with their requirements.

3. Information on the physical properties and/or special processing methods of the food product (reconstituted, smoked, marinated, ground, treated with ionising radiation, freeze-dried food product and similar information about it) shall be included in the name of the food product or placed in its immediate proximity if the absence of such information may mislead the consumer (purchaser). Requirements for such information in respect of certain types of food products shall be established by the Technical Regulations of the Customs Union for certain types of food products.

4. It is not permitted to indicate in the name of the food product components if they or their processed products are not included in the composition of the food product.

5. If a flavouring is used in the composition of the food product, the name of the component replaced by that flavouring and not included in the composition of the food product may be included in the name of the food product using the words: with flavour and/or with aroma.

6. Additional requirements for indicating the name of the food product that do not contradict the requirements of this Technical Regulation of the Customs Union may be established in the Technical Regulations of the Customs Union for certain types of food products.

4.4. General Requirements for Indicating the Composition of the Food Product in the Labelling

1. The components included in the composition of the food product shall be indicated in descending order of their mass fraction at the time of production of the food product, unless otherwise established by the requirements of the Technical Regulations of the Customs Union for certain types of food products. The word "Composition" must be placed immediately before the indication of these components.

2. If the food product contains a compound component (consisting of two or more components), the composition of the food product shall include, in compliance with the requirements of Clause 1 of Part 4.4 of this Article, a list of all components included in such compound component, or the compound component may be indicated with its components added in parentheses in descending order of their mass fraction. If the mass fraction of the compound component is 2 percent or less, its components need not be indicated, except for food additives, flavourings and food additives included in them, biologically active substances and medicinal plants, components obtained using GMOs, and components specified in Clause 14 of Part 4.4 of this Article.

3. If the food product contains components whose mass fraction is 2 percent or less, they may be indicated in any order after the components whose mass fraction is more than 2 percent, unless otherwise established by the Technical Regulations of the Customs Union for certain types of food products.

4. The name of a component that is a food product shall be indicated in the composition of the food product in accordance with the requirements of Part 4.3 of this Article. The names of the components specified in Annex 1 to this Technical Regulation of the Customs Union may be indicated in the composition of the food product under the names of the corresponding types of food products, except where the names of such components are used in the name of the food product.

5. If the food product contains a flavouring, the composition labelling must contain the word "flavouring(s)". The fanciful name of the food product need not be indicated in respect of flavourings in the composition of the food product.

6. If the composition of the food product contains a food additive, its functional (technological) purpose (acidity regulator, stabiliser, emulsifier, other functional (technological) purpose) and the name of the food additive must be indicated; the name may be replaced by the food additive index according to the International Numbering System (INS) or the European numbering system (E-number system). If a food additive has different functional purposes, the functional purpose corresponding to the purpose of its use shall be indicated. Carbon dioxide used as a component in the production of food products need not be indicated in the composition of the food product if the labelling of the food product includes the statement "Carbonated" or a similar statement.

7. The composition of the food product need not be indicated for:

1) fresh fruit (including berries) and vegetables (including potatoes) that have not been peeled, cut or processed in a similar manner;

2) vinegar obtained from one type of food raw material (without the addition of other components);

3) food products consisting of one component, provided that the name of the food product makes it possible to establish the presence of that component.

8. Except for the case specified in Clause 14 of Part 4.4 of this Article, the following are not considered components and need not be indicated in the composition of the food product:

1) substances that are removed during the production of the food product from the components indicated in the composition of the food product and added to the food product at a subsequent stage of the technological production process without exceeding the quantity of those initial substances;

2) substances included in one or more components that do not change the properties of the food product containing such components;

3) processing aids used in the production of a specific food product;

4) substances included in flavourings or food additives as solvents or carriers of flavouring and aromatic substances;

9. Water need not be indicated in the composition of the food product if it:

1) is used in the production process of the food product to reconstitute concentrated, condensed or dry food products;

2) is included in a liquid component (including broth, marinade, brine, syrup or pickle) indicated in the composition of the food product.

10. Components that were reconstituted during the production of the food product from concentrated, condensed or dry food products may be indicated in accordance with their mass fraction after reconstitution.

11. Fruit (including berries), vegetables (including potatoes), nuts, cereals, mushrooms, herbs and spices included in the respective mixtures and not substantially differing in mass fraction may be indicated in the composition of the food product in any order, with the statement "in variable proportions".

12. The labelling of a food product containing sugar alcohol sweeteners must be supplemented immediately after the indication of the composition of the food product with the statement: Contains sweetener (sweeteners). Excessive consumption may have a laxative effect.

13. Components (including food additives and flavourings), biologically active food supplements, the consumption of which may cause allergic reactions or is contraindicated for certain types of diseases and which are listed in Clause 14 of Part 4.4 of this Article, shall be indicated in the composition of the food product regardless of their quantity.

14. The most common components, the consumption of which may cause allergic reactions or is contraindicated for certain types of diseases, include:

1) peanuts and products of their processing;

2) aspartame and aspartame-acesulfame salt;

3) mustard and products of its processing;

4) sulphur dioxide and sulphites, if their total content is more than 10 milligrams per kilogram or 10 milligrams per litre, expressed as sulphur dioxide;

5) cereals containing gluten and products of their processing;

6) sesame and products of its processing;

7) lupin and products of its processing;

8) molluscs and products of their processing;

9) milk and products of its processing (including lactose);

10) nuts and products of their processing;

11) crustaceans and products of their processing;

12) fish and products of its processing (except fish gelatine used as a base in preparations containing vitamins and carotenoids);

13) celery and products of its processing;

14) soya and products of its processing;

15) eggs and products of their processing.

15. Information on the allergenic properties of the components specified in Clause 14 of Part 4.4 of this Article need not be indicated in the labelling of food products, except for information on aspartame and aspartame-acesulfame salt; where these are used in the production of food products, the statement "Contains a source of phenylalanine" must be placed after the indication of its composition.

16. For food products containing cereal components, the statement "Gluten-free" may be placed after the indication of the composition of the product if cereal components containing gluten were not used or the gluten was removed.

17. If the components specified in Clause 14 of Part 4.4 of this Article were not used in the production of the food product, but their presence in the food product cannot be completely excluded, information on the possible presence of such components shall be placed immediately after the indication of the composition of the food product.

18. For food products containing colourants (azorubine E122, quinoline yellow E104, sunset yellow FCF E110, allura red AC E129, ponceau 4R E124 and tartrazine E102), the following warning statement must be applied: Contains colourant (colourants) that may have an adverse effect on the activity and attention of children.

Alcoholic beverages and food products in which the specified colourants are used for marking slaughter products and meat products or for marking or decorative colouring of Easter eggs are exempt.

4.5. General requirements for indicating the quantity of packaged food products in labelling

1. The quantity of packaged food products shall be indicated in the labelling of such products in units of volume (millilitres, centilitres or litres), mass (grams or kilograms) or count (pieces). Abbreviated names of these units may be used. The mass or volume of eggs, fruit and vegetables sold by the piece need not be indicated.

2. The choice of the unit for indicating the quantity of packaged food products, except for food products sold by the piece, shall be made in accordance with the following rules, unless otherwise established by the Technical Regulations of the Customs Union for specific types of food products:

- if the food product is liquid, its volume shall be indicated;

- if the food product is paste-like, viscous or of a viscoplastic consistency, either its volume or its mass shall be indicated;

- if the food product is solid, loose or a mixture of a solid and a liquid substance, its mass shall be indicated.

The simultaneous use of 2 units for indicating the quantity of food products is permitted, for example, mass and number of pieces, or mass and volume.

3. The quantity of food products in group packaging

shall be indicated as follows:

3.1. if food products of the same name are packaged in several consumer packages, the total quantity of the products and the number of consumer packages shall be indicated on the group packaging of the food products;

3.2. if the properties of the group packaging for the packaged food products make it possible to clearly see the information on the quantity of the food products and easily count the number of consumer packages, this information need not be indicated on the group packaging;

3.3. if the packaged food products consist of several consumer packages containing products of different types and names and/or separate items of different names, the name and quantity of the products in each consumer package and/or the name and number of pieces or mass of each item shall be indicated on the group packaging of the packaged food products.

4. The quantity of food products placed in transport packaging shall be indicated in units of volume (millilitres, centilitres or litres) or mass (grams or kilograms), or as the number of packaging units in the transport packaging (pieces), with an indication of the quantity of food products placed in each packaging unit. Abbreviated names of these units may be used.

5. If food products are placed in a liquid medium, such as water, aqueous sugar solutions, aqueous solutions of food acids, aqueous salt solutions, brines, vinegar, or fruit or vegetable juices, in addition to indicating the volume or mass of the food products together with the liquid medium, the volume or mass of the food products placed in the liquid medium shall also be indicated. This requirement also applies to food products placed in a liquid medium and subsequently frozen.

6. An indefinite indication of the quantity of packaged food products and an indication of a range of values for the quantity of packaged food products are not permitted.

4.6. General requirements for indicating the Date of Manufacture of food products in labelling

1. The Date of Manufacture of food products shall be indicated in the labelling, depending on their shelf life, using the following words:

1) "date of manufacture", with an indication of the hour, day and month where the shelf life is up to 72 hours;

2) "date of manufacture", with an indication of the day, month and year where the shelf life is from 72 hours to 3 months;

3) "date of manufacture", with an indication of the month and year or the day, month and year where the shelf life is 3 months or more;

4) "year of manufacture" – for sugar.

2. After the words "date of manufacture", the Date of Manufacture of the food product or the place where this date is applied to the consumer packaging shall be indicated.

3. The words "date of manufacture" in the labelling of food products may be replaced by the words "date of production" or words with a similar meaning.

4. The Technical Regulations of the Customs Union for specific types of food products may establish concepts other than the words "date of manufacture" that define the date of completion of the technological production process for specific types of food products, such as the date of bottling of beverages, the date of grading of eggs, the year of harvest of agricultural crops, or the year of collection of wild fruit, nuts and beekeeping products.

Additional requirements for indicating the Date of Manufacture of food products that do not contradict the requirements of this Technical Regulation of the Customs Union may be established in the Technical Regulations of the Customs Union for specific types of food products.

4.7. General requirements for indicating the shelf
life of food products in labelling

1. The shelf life of food products shall be indicated in the labelling using the following words:

1) "use by", with an indication of the hour, day and month where the shelf life is up to 72 hours;

2) "use by", with an indication of the day, month and year where the shelf life is from 72 hours to 3 months;

3) "best before the end of", with an indication of the month and year, or "use by", with an indication of the day, month and year where the shelf life is at least 3 months.

For the purposes of indicating the shelf life of food products, the word "valid" may be used with an indication of the number of days, months or years or, where the shelf life is up to 72 hours, with an indication of the number of hours.

3. After the words "use by", "valid" or "best before the end of", either the shelf life of the food product or the place where this shelf life is indicated on the packaging shall be specified.

4. The labelling of food products for which the manufacturer establishes an unlimited shelf life shall be supplemented by the statement "Shelf life is unlimited provided that the storage conditions are observed".

5. The words "use by", "valid" or "best before the end of" in the labelling of food products may be replaced by the words "shelf life", "consume before" or words with a similar meaning.

6. Additional requirements for indicating the shelf life of food products that do not contradict the requirements of this Technical Regulation of the Customs Union may be established in the Technical Regulations of the Customs Union for specific types of food products.

4.8. General requirements for indicating in the labelling the name and location of the manufacturer of food products, the person authorised by the manufacturer and the importer

1. The name and location of the manufacturer of food products shall be indicated in the labelling of food products irrespective of whether the food products are manufactured in the territories of the Member States of the Customs Union or supplied from third countries. The location of the manufacturer of food products shall be determined by the location of the State Registration of the organisation or individual entrepreneur.

2. The officially registered name and location (address, including the country) of the manufacturer shall be used in the information provided to the consumer (purchaser). If it differs from the manufacturer's address, the address(es) of the production facility(ies) and of the person authorised by the manufacturer to accept claims from consumers (purchasers) in its territory shall also be indicated (if available).

If a geographical feature (for example, a city, region, district or settlement) and/or an element of the street and road network (for example, a street, avenue, square, lane, passage, embankment, boulevard, building or structure) indicated as address details of the location of the legal entity (place of residence of an individual registered as an individual entrepreneur) that is the manufacturer of food products, the person authorised by the manufacturer or the importer is renamed, provided that the actual geographical location of the manufacturer, the person authorised by the manufacturer or the importer and the actual place of production remain unchanged, the relevant information shall, from the date of renaming, be communicated by that person to the consumer by one of the methods provided for in Part 4.12 of this Article, or when the products are sold in their immediate vicinity, or by indicating it in the accompanying documents.

3. Information on the name and location of the manufacturer of food products supplied from third countries may be indicated in Latin letters and Arabic numerals or in the official language(s) of the country where the manufacturer of food products is located, provided that the name of the country is indicated in Russian.

4. In the labelling of food products manufactured by several manufacturers, the name and location of each manufacturer may be indicated, provided that the method of communicating information about each manufacturer to consumers (purchasers), for example through the use of letters, numerals, symbols or typographical distinctions, makes it possible to unambiguously identify the manufacturer of the specific food product.

5. Products packaged outside the place of their manufacture (except where food products are packaged in consumer packaging by retail organisations) shall contain the information provided for in paragraph 1 of Part 4.8 of this Article about the manufacturer and about the legal entity or individual entrepreneur carrying out the packaging of food products outside the place of their manufacture for subsequent sale or on the order of another legal entity or individual entrepreneur.

6. If the manufacturer has a person authorised by the manufacturer, the name and location of that person authorised by the manufacturer shall be indicated in the labelling of the food products.

7. The name and location of the importer shall be indicated in the labelling of food products supplied from third countries.

4.9. General requirements for indicating the nutritional value of food products
in the labelling

1. The nutritional value of a food product indicated in its labelling includes the following parameters:

1) energy value (calorie content);

2) the quantity of proteins, fats and carbohydrates;

3) the quantity of vitamins and minerals.

2. The nutritional value of the following products may be omitted, unless otherwise established by the Technical Regulations of the Customs Union for these types of food products: flavourings, chewing gum, coffee, natural mineral water, bottled drinking water, Food Additives, and food products in raw form (mushrooms, slaughter products of productive animals and poultry, fish, vegetables (including potatoes), fruits (including berries)), table salt, spices, seasonings, vinegar and tea. The nutritional value of other types of food products may be omitted in the cases provided for by the Technical Regulations of the Customs Union for specific types of food products.

3. The nutritional value of a food product shall be stated per 100 grams or 100 millilitres and (or) per serving of the food product. A serving is a defined quantity of the food product that is indicated in its labelling as one serving. In this case, the quantity of such a serving must be indicated.

4. The energy value (calorie content) of a food product shall be indicated in joules and calories or in multiples or submultiples of these units.

5. The quantity of nutrients in a food product, including proteins, fats and carbohydrates, shall be indicated in grams or in multiples or submultiples of this unit.

6. The quantity of vitamins and minerals in a food product shall be indicated in units of the International System of Units (SI) (milligrams or micrograms). Alternatively, it may be indicated in other units approved for use in the Member States of the Customs Union in accordance with the legislation of the Member States of the Customs Union on ensuring the uniformity of measurements.

7. The quantity of proteins, fats and carbohydrates and the energy value (calorie content) of a food product shall be indicated where the respective quantity in 100 grams or 100 millilitres, or in one serving of the food product (if the nutritional value is stated per serving), amounts to 2 or more percent of the values representing the average daily requirement of an adult for proteins, fats, carbohydrates and energy. In other cases, the quantity of proteins, fats and carbohydrates and the energy value (calorie content) of the food product may be indicated at the discretion of the manufacturer.

8. The quantity of vitamins and minerals in a food product shall be indicated if vitamins and minerals were added to the food product during its production. In other cases, the quantity of vitamins and minerals in the food product may be indicated for those vitamins and minerals whose quantity in 100 grams or 100 millilitres, or in one serving of the food product (if the nutritional value is stated per serving), amounts to 5 or more percent of the values representing the average daily requirement of an adult for vitamins and minerals.

9. The values representing the average daily requirement of an adult for proteins, fats, carbohydrates and energy, and for vitamins, minerals and other substances, are determined in accordance with Annex 2 to this Technical Regulation of the Customs Union.

For food products intended for specific categories of consumers, the nutritional value parameters referred to in points 7, 8 and 9 of part 4.9 of this Article are calculated for the labelling on the basis of the average daily requirement of that category of consumers.

10. For biologically active food supplements, the nutritional value shall additionally be indicated as a percentage of the values determined in accordance with point 9 of part 4.9 of this Article. This applies to the substances for which these biologically active food supplements are a source. For fortified food products, the same applies to the substances used to fortify such food products.

11. For food products that must be prepared by consumers, the values of the nutritional value parameters are indicated in the labelling without taking further preparation into account.

12. The nutritional value parameters of a food product are determined by the manufacturer of the food product by analysis or by calculation.

13. When indicating the energy value (calorie content) of a food product and its content of proteins, fats and carbohydrates, the rules for rounding the values of the nutritional value parameters set out in Annex 3 to this Technical Regulation of the Customs Union may be applied, unless otherwise established by the Technical Regulations of the Customs Union for specific types of food products.

14. With regard to the nutritional value parameters of a food product, the labelling may be supplemented by the statement: "Average values".

When determining the energy value (calorie content) of a food product, the conversion factors for converting the main nutrients of the food product into energy value (calorie content) set out in Annex 4 to this Technical Regulation of the Customs Union shall be used.

15. When determining the carbohydrate content of a food product, the quantity of carbohydrates contained in the food product (excluding dietary fibre) and metabolised in the human body is taken into account, as well as the quantity of sugar alcohol sweeteners.

16. When determining the quantity of vitamin A and provitamin A, a conversion factor is used on the basis that one microgram of retinol or retinol equivalent corresponds to six micrograms of beta-carotene.

17. Additional requirements for indicating the nutritional value of food products may be established in the Technical Regulations of the Customs Union for specific types of food products, provided that they do not contradict the requirements of this Technical Regulation of the Customs Union.

4.10. General requirements for indicating information
on the distinctive characteristics of food products in the labelling

1. Information on the distinctive characteristics of food products is indicated in the labelling on a voluntary basis.

2. Information on the distinctive characteristics of food products shall be supported by evidence. This includes information on the absence in the food product of ingredients obtained from GMOs (or) using GMOs. The evidence shall be compiled by the person who made this claim in the labelling of the food product, either independently or with the participation of other persons. Evidence of the distinctive characteristics of the food product shall be kept by the organisations or individual entrepreneurs placing this food product on the market in the single customs territory of the Customs Union. It shall be presented in the cases provided for by the legislation of the Customs Union.

3. Information on the distinctive characteristics of food products listed in Annex 5 to this Technical Regulation of the Customs Union may only be used if the conditions set out in that Annex are met, unless otherwise established by the Technical Regulations of the Customs Union for specific types of food products. Information on the distinctive characteristics of food products not listed in Annex 5 to this Technical Regulation of the Customs Union may be used in food product labelling if the requirements of point 2 of part 4.10 of this Article are met. Alternatively, the requirements established by the Technical Regulations of the Customs Union for specific types of food products must be met.

4. Where information on the distinctive characteristics of a food product relates to its nutritional value, the labelling of the food product shall also indicate the quantity of the relevant nutrients that determine the nutritional value of the food product.

4.11. Requirements for indicating in the labelling information on
the presence in food products of ingredients obtained
using genetically modified organisms

1. For food products obtained using GMOs, including those that do not contain deoxyribonucleic acid (DNA) and protein, one of the following statements shall be given: "genetically modified product", or "product obtained from genetically modified organisms", or "product contains ingredients of genetically modified organisms".

In addition, the mark for products obtained using GMOs, in the form of the inscription "GMO", is applied next to the single mark of product circulation on the market of the Eurasian Economic Union. This mark shall be identical to the single mark in shape and size.

If the manufacturer did not use genetically modified organisms in the production of the food product, a GMO content of 0,9 percent or less in the food product is considered an accidental or technically unavoidable admixture. Such a food product is not classified as a food product containing GMOs. Information on the presence of GMOs is not indicated in the labelling of such a food product.

2. The following information is mandatory for food products obtained from or using genetically modified microorganisms (bacteria, yeasts and filamentous fungi whose genetic material has been modified using genetic engineering methods) (hereinafter referred to as GMMs):

- for products containing live GMMs: "The product contains live genetically modified microorganisms";

- for products containing non-viable GMMs: "The product was obtained using genetically modified microorganisms";

- for products freed from technological GMMs, or obtained using ingredients freed from GMMs: "The product contains ingredients obtained using genetically modified microorganisms".

3. Information on the presence of GMOs is not indicated in the labelling of food products with regard to processing aids used that were manufactured from or using GMOs.

4.12. Requirements for the Methods of Providing Labelling

1. The labelling of food products provided for by subparagraph 1 of paragraph 4.1 and subparagraph 1 of paragraph 4.2 of this Article shall be clear, easily legible, reliable and shall not mislead consumers (purchasers); the inscriptions, marks and symbols shall contrast with the background on which the labelling is applied. The method of applying the labelling shall ensure its preservation throughout the entire shelf life of the food product, provided that the storage conditions established by the manufacturer are observed.

The criteria for legibility are the clarity and distinctness of the font used in the labelling, the size of which shall comply with the requirements specified in the fourth and fifth paragraphs of this clause, as well as the contrast between the background colour and the colour of the information applied to it, ensuring that the information can be read without the use of optical aids, except for those used to correct vision defects (glasses, contact lenses, etc.).

The criterion of clarity is the unambiguous communication of the meaning of information about the food product in the form of text or text and an image.

The information provided for by subparagraphs 1, 3, 4 (except for the words used to indicate the Date of Manufacture and/or information on the place where the Date of Manufacture is applied (if such information is available)) and 5 (except for the words used to indicate the shelf life and/or information on the place where the shelf life is applied (if such information is available)) of paragraph 1 of part 4.1 of this Article shall be indicated in a font with a height of at least 2 mm (lowercase letters).

The information provided for by subparagraphs 2, 6, 7, 8 (in terms of recommendations and/or restrictions on use) and 9 (for specialized food products) of paragraph 1 of part 4.1 of this Article, as well as the words used to indicate the Date of Manufacture, shelf life and/or information on the place where the Date of Manufacture or shelf life is applied (if such information is available), shall be indicated in a font with a height of at least 0,8 mm (lowercase letters).

2. The information provided for by subparagraphs 1, 4–6 of paragraph 1 of part 4.1 and paragraph 13 of part 4.4 of this Article shall be applied to the consumer packaging and/or to a label whose removal from the consumer packaging is difficult.

3. The information provided for by subparagraphs 2, 3, 7–11 of paragraph 1 of part 4.1 of this Article shall be applied to the consumer packaging and/or to the label, and/or to an insert, and/or to an insert placed in each packaging unit or attached to each packaging unit.

4. If the area of the larger side of the consumer packaging of the food product does not exceed 10 square centimetres, the information provided for by paragraph 2 (except for the information provided for by paragraph 13 of part 4.4 of this Article) and subparagraphs 3, 7–11 of paragraph 1 of part 4.1 of this Article shall be applied to the consumer packaging and/or to the label, and/or to an insert placed in each consumer packaging or in each transport packaging, or attached to each consumer packaging or each transport packaging.

5. When food products are packaged by retail trade organizations in the absence of the consumer, the name of the food product, its Date of Manufacture, shelf life and storage conditions shall be indicated on the consumer packaging or on the label attached to it. Other information provided for by paragraph 1 of part 4.1 and paragraph 13 of part 4.4 of this Article shall be communicated to the consumer by any method ensuring the possibility of making an informed choice of this food product (including by applying it to the consumer packaging and/or label, and/or to an insert placed in each packaging unit or attached to each packaging unit of the product).

6. The information provided for by paragraph 1 of part 4.1 and paragraph 13 of part 4.4 of this Article concerning food products placed directly in transport packaging, as well as food products packaged by retail trade organizations in the presence of the consumer, shall be communicated to the consumer by any method ensuring the possibility of making an informed choice of this food product.

7. The labelling of food products placed directly in transport packaging, provided for by part 4.2 of this Article, shall be applied to the transport packaging, and/or to the label, and/or to an insert placed in each transport packaging or attached to each transport packaging, or shall be contained in the documents accompanying the food products.

8. The labelling of food products shall not contain an image or textual description of a food product that is not contained in the consumer packaging or was not used in the production of the food product or food product ingredients contained in the consumer packaging, or whose taste and/or aroma is not imitated by the ingredients included in the composition of the food product contained in the consumer packaging, except for the cases provided for by paragraph 9 of part 4.12 of this Article.

9. The labelling of food products applied in the form of an image or textual description of a dish in the preparation of which this food product is used shall be accompanied by the words "variant of the prepared dish" or words similar in meaning.

Article 5. Ensuring Compliance with Requirements for Food Products in Terms of Their Labelling

1. Compliance of the labelling of food products with this Technical Regulation of the Customs Union shall be ensured by directly fulfilling its labelling requirements and fulfilling the requirements of the Technical Regulations of the Customs Union for specific types of food products establishing additional requirements for their labelling.

Appendix 1
to the Technical Regulation of the Customs Union
"Food Products in Terms of Their Labelling" (TR CU 022/2011)

Types of Ingredients Whose Names May Be Replaced
with Names of Types of Food Products

Appendix 2
to the Technical Regulation of the Customs Union
"Food Products in Terms of Their Labelling" (TR CU 022/2011)

Average daily requirement for essential food
nutrients and energy for food product
labelling

Appendix 3
to the Technical Regulation of the Customs Union
"Food Products in Terms of Their Labelling" (TR CU 022/2011)

Rules for rounding the values of the energy
value of food products

Table 1

Rules for rounding the values of the quantities of proteins, fats,
and carbohydrates in food products

Table 2

Appendix 4
to the Technical Regulation of the Customs Union
"Food Products in Terms of Their Labelling" (TR CU 022/2011)

Conversion factors for the energy value of essential food
nutrients in food products

1. The energy value that must be declared is calculated using the following conversion factors:

Appendix 5
to the Technical Regulation of the Customs Union
"Food Products in Terms of Their Labelling" (TR CU 022/2011)

Conditions for Using Information on the Distinctive Characteristics of Food Products
in Food Product Labelling