When the UK leaves the EU, will ‘meaty’ names leave plant-based labels?
Food Labelling Services comments:
Regulation (EU) No 1308/2013 clearly states that the designations for milk and milk products may not be used for any product other than those referred to in Annex VII, Part III of Regulation (EU) No 1308/2013. ’Milk products’ means products derived exclusively from milk, on the understanding that substances necessary for their manufacture may be added provided that those substances are not used for the purpose of replacing, in whole or in part, any milk constituent. This includes milk, cheese, yogurt, butter and many other specified products.
Therefore, the terms milk, cheese, yogurt, butter (and other products listed in Annex III of Regulation (EU) No 1308/2013) should not be used for products that are not derived exclusively from milk.
There are some exemptions for products that have ‘traditional usage’ and/or when the designations are clearly used to describe a characteristic quality of the product. These are listed in Annex I of EU Commission Directive 2010/791/EU and include products such as Salad Cream and Butter Beans, which may not contain cream or butter respectively, but are exempt from the protection of dairy terms.
The European Court of Justice (ECJ) rulings have repeatedly confirmed the legal protection of the definitions, designations and sales descriptions of milk and milk products and there are many examples of case law.
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