The food information to consumers (FIC) Regulation (EU) 1169/2011 which took effect om 13 December 2014. General labelling requirements – definition and format of label - food names – indication of condition or treatment - field of vision. List of ingredients – heading and order – names – flavourings and additives – compound ingredients – ingredients not required to be named – food not requiring a list of ingredients. Net quantity - storage and instructions for use - non-prepacked food - distance selling.
The overall approach taken by the general hygiene Regulation (EC) 852/2004 - scope and general obligations. The direct supply by the producer of small quantities of primary products to the final consumer or local retail establishments directly supplying the final consumer - the meaning of 'small' and 'local'. Outline of the requirements for HACCP-based procedures and the registration and approval of food businesses. Responsibilities for enforcement. The microbiological criteria for food under Regulation (EC) 2073/2005 and requirement to ensure compliance with temperature controls.
Introduction to the Trade Marks Act 1994. What is a trade mark – a sign – capable of graphic representation – distinctive of a business. The grounds for refusal to register – absolute grounds – relative grounds. Specially protected emblems. Revocation of registration and invalid registrations. Infringement of a trade mark – meaning and secondary infringement. Application process – direct in person application to the Intellectual Property Office.
This document concentrates on the specific provisions which apply to raw drinking milk. It should be read in conjunction with Milk, Milk Products and Drinking Milk which sets out the regulations concerning milk production throughout Europe.
Under Article 10(8) of Regulation (EC) 853/2004 laying down specific hygiene rules for food of animal origin, individual member states may prohibit or restrict the availability within their territory of raw milk or raw cream intended for direct human consumption. Raw cream is covered in Cream and Raw Cream
Quantitative ingredient declarations – QUIDs – general requirement where emphasis placed on an ingredient. Exceptions and manner of description. Durability indications – ‘best before’ and ‘use by’ – when not required. Offences and penalties. The origin or provenance of food as it applies in general.
The production of artisan cheese – raw milk cheese. General food hygiene rules – HACCP-based procedures – the ‘Cheese Making Wedge’. The temperature control of cheese and the importance of maintaining the cold chain. Microbiological criteria for cheese – food safety criteria and process hygiene criteria. Labelling cheese – raw milk cheese – misleading descriptions – allergen labelling. Cheese weights – sale generally by net weight.
The Copyright, Designs and Patents Act 1988. Conventions on copyright and TRIPS. Copyright and the expression of an idea in which a minimum amount of effort and skill is invested. The classification of works that may attract copyright and the need for the author to be a qualifying person. The first owner of copyright and the position of employees. The rights of copyright owners and the duration of copyright. Primary and secondary infringement of copyright. The circumstances to be proved to establish infringement of copyright. Defences in an action for infringement of copyright – fair dealing – incidental inclusion – public interest – library uses – educational uses. Remedies for breach of copyright.
Marketing standards for milk and milk products are subject to Regulation (EC) No 1234/2007, which establishes a common organisation of agricultural markets, in particular Article 114, Annexes XII and XIII. The Regulation is supplemented and enforced by The Drinking Milk (England) Regulations 2008.
Foodstuffs intended for human consumption may be marketed as milk and milk products if they comply with the requirements of Annex XII. Milk and cream, not concentrated nor containing added sugar or other sweetening matter may only be marketed in accordance with the requirements of Annex XIII. There is a separate document on Raw Drinking Milk which covers the specific legal requirements governing the sale and supply of this product.
The Food Safety Act 1990, unless the context requires otherwise, defines 'cream' as that part of milk rich in fat which has been separated by skimming or otherwise.
The misleading description of food is generally covered by provisions of the Food Safety Act 1990 regarding food not of the nature, substance or quality demanded and false or misleading labels or advertisement. The Food Labelling Regulations 1996 make specific provision in relation to particular descriptions applied to cream.
The origins of the common law action in passing off. The essential requirements – goodwill, misrepresentation and damage. Goodwill in invented words, descriptive words, real names, in packaging and styles of advertising. The exclusivity of goodwill to the claimant trader – the effect of the passage of time – geographical limitations. Misrepresentation and deception, innocent and unintentional misrepresentation.