Indication of country of origin and place of provenance

The terms “country of origin” and “place of origin” are sometimes used rather arbitrarily on labels. It does not always seem clear what the difference is between the country of origin and the place of origin. Moreover, it is not always mandatory to state this information. What is the difference between these two terms and when should you state them and when not?

Definitions of country of origin and place of provenance

Country of origin

Article 2(2)(g) of Regulation (EU) No 1169/2011 refers to Articles 23 to 26 of Regulation (EEC) No 2913/92. However, this regulation is no longer in force and has been replaced by Regulation (EU) No. 952/2013. Article 60 of this regulation states the following about the country or territory of origin: the country or territory where goods have been wholly obtained. Where more than one country or territory is involved in the production of goods, the country or territory of origin is the country or territory where, in an enterprise specially equipped for that purpose, the last significant and economically justified processing or working took place, resulting in the manufacture of a new product or representing an important stage of manufacture.

Place of origin

Article 2(2)(g) of Regulation (EU) No 1169/2011 states the following about the place of origin: The place from which a food is said to come and which is not the “country of origin”. “Labelling” is a broader term than just the name. It can also be an image, such as a flag or national symbol.

To further explain the difference between these definitions, we will use an example of cooked Thai rice. The rice comes uncooked from Thailand and is then shipped to the Netherlands. In the Netherlands, the rice is cooked and packaged so that it only needs to be reheated by the consumer. This means that the last significant processing of the product took place in the Netherlands. The country of origin is therefore the Netherlands. In this example, the following indication is chosen for the label of the final product: Thai rice 1 minute. In this case, the country of origin (the Netherlands) differs from the place of origin where the article is said to come from (Thailand). To avoid misleading consumers, the label must state: Thai rice 1 minute. Produced in the Netherlands. Cooked in the Netherlands would also be an option.

When is it mandatory to indicate the origin and place of provenance on the label?

Article 26 of Regulation (EU) No 1169/2011 states that in the following cases, the country of origin or place of provenance must be indicated on the label:

• If its omission could mislead consumers as to the actual country of origin or place of provenance of the food. This is particularly the case if the text or image on the label gives the impression of a different country of origin or place of provenance. The name, trade name or address of the food business operator appearing on the label does not indicate the country of origin or place of provenance. The country of origin or place of provenance must then be explicitly indicated on the label. For example: * Kenyan coffee beans. Roasted in the Netherlands. * Greek yoghurt. Produced in the Netherlands.

• Meat covered by the Combined Nomenclature (CN) codes in Annex XI to Regulation (EU) No 1169/2011. This concerns fresh, chilled or frozen meat of pigs, sheep, goats and poultry. In addition to the obligation to indicate the country of origin or place of provenance, the Implementing Regulation (EU) No. 1337/2013 sets out further requirements for these types of meat, such as the indication of where the animal was reared and where it was slaughtered.

Furthermore, European regulations contain requirements for a number of specific products with regard to the indication of origin:

• Beef and beef products: Regulation (EC) No 1760/2000 and Regulation (EC) No 1825/2000.

• Honey: Directive 2001/110/EC

• Fruit and vegetables: Delegated Regulation (EU) 2023/2429

• Fishery and aquaculture products: Regulation (EU) No 1379/2013

• Olive oil: Delegated Regulation (EU) No 2022/2104 and Implementing Regulation (EU) No 2022/2105

When should the country of origin and place of provenance not be indicated?

Indications such as “variety”, “type”, “style”, “recipe”, “inspired by”, “à la” followed by a geographical indication are not considered to be an indication of origin. They refer to a recipe or specific characteristics of the food or its production process. However, the information must not be misleading, as described in Article 7 of Regulation (EU) No 1169/2011.

The name, trade name or address of the food business operator appearing on the label does not constitute an indication of the country of origin or place of provenance either. Origin labelling is therefore not mandatory in this case. This also applies, for example, to registered brand names and legal names that include a geographical indication, references intended to help find the correct language on a multilingual label, and statements such as “packaged in” or “produced by X for Y”.

Indication of origin and provenance of primary ingredients

In October 2018, Implementing Regulation (EU) No. 2018/775 was published with new rules on the indication of the country of origin or place of provenance of the primary ingredient of a food product. The primary ingredient is the ingredient that makes up more than 50% of the food or that is usually associated with the name of the food and for which a quantitative indication is required in most cases.

This implementing regulation describes what must be stated on the label if the primary ingredient has a country of origin or place of provenance other than the country of origin or place of provenance of the food. There are two options for this:

• Reference to a geographical area. Article 2 of the implementing regulation lists the various options for indicating this. For example, the Member State(s) or “EU and non-EU”. An example of this is: Dutch tomato soup with tomatoes from Italy. Or Dutch tomato soup with tomatoes from the EU.

• Indication that the primary ingredient does not originate from the country of origin or place of provenance of the food. This must be done using the following sentence, or a sentence that is expected to have the same meaning for consumers: “(name of the primary ingredient(s)) does/do not originate from (the country of origin or place of provenance of the food)”. This would then become: The tomatoes in this product do not originate from the Netherlands.

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Author: Sanne de Backer Labelling specialist