Food marketing law, brands and regulatory framework for artisan and small scale producers. Labelling, QUIDs, EU and UK protected food names, IP rights.

Genuine sourdough bread comprises only three ingredients: flour, salt and water. Sourdough is not a trend or bandwagon to jump on, but the oldest traditional way of leavening dough, combining flour, salt and water to make delicious bread.

The Association of Bakery Ingredient Manufacturers, Federation of Bakers, Craft Bakers Association, The British Sandwich and Food To Go Association and Pizza, Pasta and Italian Food Association have come together and presented Defra with a proposed ‘UK Baking Industry Code of Practice for the Labelling of Sourdough Bread and Rolls’.

The purported aim of the Code is to “clarify the term and prevent misinformation when it is applied to products in the UK bakery market”. The reality, however, is quite different and represents a sourfaux or pseudough charter.

Among the Government’s latest no-deal technical notices published on 24 September is a short one on  Producing food products protected by a ‘geographical indication’ if there’s no Brexit deal. It claims to set out the future in a no-deal scenario for those foods now protected by a geographical indication (GI), those now aspiring for protection and what may come to pass in the long term.

In the UK, food products bearing a 'protected food name' are on average sold at a significant premium to the price of otherwise comparable food. Protecting the authenticity and value of traditional foods is crucial if we are to sell the UK as a source of delicious and high-quality food, rooted in good food stories, traditional skills and history. Yet descriptions that protect both value and values are at risk from changes to our food rules consequent on the EU Withdrawal (Repeal) Bill and new international trade deals.

The grand political narratives around the COP21 conference in Paris will barely touch on one crucial aspect – food. The Paris talks are of vital importance, not just for climate change itself but for framing what kind of food economy follows. And why does food matter for climate change? Well, it’s a major factor driving it yet barely gets a mention.

Early last year the Food Safety Authority of Ireland (FSAI) embarked on a consultation with a view to producing guidance that would help protect the integrity of certain marketing terms used in relation to food – notably ‘artisan’, ‘farmhouse’, ‘traditional’ and ‘natural’.

Attempts to define in any legal sense the meaning of words can be fraught with difficulty, but given there is so much evidence of the abuse of words like ‘artisan’ may be it’s worth a try.

The milestone for many food producers this month is not Christmas, but 13 December – food labelling day when the food information to consumers (FIC) Regulation (EU) 1169/2011 comes into effect. It’s worth a reminder what it’s all about:

In order to achieve a high level of health protection for consumers and to guarantee their right to information, it should be ensured that consumers are appropriately informed as regards the food they consume.

New rules governing the use of the description ‘mountain product’ as an optional quality term for food products coming from mountain areas came into force last month. This is the first optional quality term to be introduced under Regulation (EU) 1151/2012 which aims to highlight products with an added value, but which are not covered under other EU quality labels. The hope is that it will give a boost to farmers in mountain areas.

The publication of the domestic regulations and guidance on the implementation of the food information to consumers Regulation (EU) 1169/2011 (the FIC Regulation) was expected much earlier this year. The general labelling requirements under the FIC Regulation will take effect on 13 December this year and food businesses are understandably anxious in the absence of certainty and clarity surrounding key aspects of the implementation of these provisions.