Latest changes to the NVWA labeling manual

What do cross-contamination, perishable foods and chocolate have in common? These are the topics on which the NVWA's Food Labeling Handbook has been updated. If you are involved in food labeling, you have probably consulted the handbook before. It is a handy tool in which the NVWA explains the legally required components of a label. Version 9 of this handbook was published on November 14, 2024. We explain for each topic what exactly has changed.

Section 9.9 on cross-contamination

When the new allergen policy was introduced, it was already announced that the text in the handbook on the declaration of cross-contamination would change. In the old version of the manual, the NVWA still distinguished between incidental and structural cross-contamination. An incidental cross-contamination is a one-time occurrence. When the amount of allergen in the product rose above the 2016 BuRO reference values, this had to be stated on the label by means of precautionary allergen labeling, or PAL for short. In case of structural cross-contamination, the NVWA was of the opinion that the supplier deliberately added the allergen to the product, and thus the allergen had to be mentioned in the ingredient list, for example the statement 'cashew nut paste (contains peanut)'.

The new version of the manual emphasizes the importance of preventing cross-contamination. The NVWA no longer distinguishes between structural and incidental contamination. If, after taking all possible measures, a company can demonstrate through a risk assessment that the allergen may be present, a PAL must be placed. When this cannot be demonstrated, a PAL should not be placed. For the reference values, reference is made to the policy rule Warenwet allergen labeling out of precaution, which at the time of writing of this article has not yet been published. Furthermore, the prescribed wording, 'may contain x' or 'not suitable for x' is explained and the NVWA refers to the guideline document for industry. NVWA's tip to check all ingredients, including carry-over additives, flavourings, carriers et cetera, for the presence of allergens is retained.

Section 12.2 on the expiration date for consumption

The next paragraph that has been changed is about the use-by date, which is preceded by the text "to be used until. In the previous version of the handbook, the NVWA already wrote that this date should be indicated on food products that are highly perishable from a microbiological point of view and that may pose an immediate danger to human health after a short period of time. It gave the example of products with a maximum storage temperature of 7° Celsius, which have a shelf life of several days. In addition, examples of expiration date indications were given in a box.

In version 9 of the manual, these examples have been removed. The emphasis is now generally on highly perishable products with a risk of microbial outgrowth that is harmful to health. The choice of whether a product receives a "use by" or "best before" indication is up to the manufacturer. It remains mandatory to indicate a storage advice for products with a use-by date, which often also requires an advice after opening.

Section 22.3 on chocolate and products containing chocolate

In response to a number of frequently asked questions about chocolate and products containing chocolate, the NVWA has added this paragraph to the handbook. First, it explains that the indication of the percentage of dry cocoa solids (described in article 20, paragraph d of the Commodities Act Decree on Cocoa and Chocolate) is not mandatory for foodstuffs to which chocolate (or another protected product from the Commodities Act Decree) has been added as an ingredient. As an example of such a product, the NVWA mentions peanut butter nuts.

In addition, the paragraph explains that the term "chocolate" may be part of a name only when chocolate has actually been added to the product. An important note here is that adding the individual ingredients, such as sugar and cocoa products, is not sufficient. In fact, these ingredients separately do not yet constitute chocolate. Products where the term "chocolate" may be used, despite the absence of real chocolate, are chocolate milk, chocolate custard and chocolate spread.

Finally, the NVWA mentions that the terms "choco" and "chocolate" mean the same thing as "chocolate. Previously, the term 'choco' was often used for products that did not contain real chocolate, such as ice creams. That is now no longer allowed. In contrast, the term "chocolate flavor" is allowed, provided it is not misleading to consumers.

Other changes

As a result of the newly added paragraph, the numbering of the paragraphs after paragraph 22.3 has also changed. Minor changes have also been made to column headings and quotation marks.

Is there anything still not clear after consulting the handbook?

Unfortunately, NVWA does not answer individual questions, but we are happy to assist you. Please contact us at info@precongroup.com, NL +31 (0)30 65 66 010 or BE +32 (0)11 26 99 07.