Additional Frequently Asked Questions on Nutrition Labelling Scheme

1. What is prepackaged food?

Under the Food and Drugs (Composition and Labelling) Regulations, “prepackaged food” means any food packaged, whether completely or partially, in such a way that (a) the contents cannot be altered without opening or changing the packaging; and (b) the food is ready for presentation to the ultimate consumer or a catering establishment as a single food item. Such definition also applies to the Amendment Regulation. The following are not considered as prepackaged food and general labelling and nutrition labelling is not required:

Products that are not packed beforehand and are just put in packaging for customers at the point of sale (e.g. cream cake and bread displayed for sale without packaging);
Products put in packaging that the opening is not tied up nor sealed e.g. eggs that are put in paper tray which can be opened without force.

However, for example, for bakery products packed in a plastic bag fastened up with a metal wire, a plastic wire or a date hook, they are considered as prepackaged food.

2. Are drinks considered as food?

Under the Public Health and Municipal Services Ordinance (Cap 132), “food” includes drink and articles and substances used as ingredients in the preparation of food or drink or of such products and “drink” does not include water other than (a) aerated water; (b) distilled water; (c) water from natural springs, either in its natural state or with added mineral substances; and (d) water placed in a sealed container for sale for human consumption. The above also applies to the Amendment Regulation.

3. If a milk product states that it is intended for babies learning to self-feed or for toddlers, is it covered by the Amendment Regulation which is not applicable to formula intended to be consumed by children under the age of 36 months and food intended to be consumed principally by children under the age of 36 months?

For products with labels specifying that they are "for babies learning to self-feed" or "for toddlers", they are not covered by the Amendment Regulation. However, it is recommended to the parties concerned of the aforesaid food products to provide specific information on their labels such as "food intended to be consumed principally by children under the age of 36 months" or “formula intended to be consumed by children under the age of 36 months”. For other food products with labels without specifying consumption by children under the age of 36 months, relevant information for each case will be considered to see whether such products are covered by the Amendment Regulation.

4. If nutrition claims are made on infant formula, will they contravene the Amendment Regulation?

The Amendment Regulation does not cover infant formula. However, as a general rule, all information provided on food labels should be true and not misleading.

5. What are the examples of “food for special dietary uses”?

Milk specially formulated for pregnant women and lactating mothers and presented as such are considered as food for special dietary uses. On the other hand, protein powder products that are for general population are not considered as food for special dietary uses.

6. Are there requirements on the size of the label carrying information on energy contents and levels of nutrients to be listed (nutrition label) or wordings contained in the nutrition label? Are there requirements on the order of listing of nutrients in the nutrition label? Can the nutrition information be presented in several columns?

There are no legal requirements on the size of the nutrition label, size of wordings contained in the nutrition label or the order of listing of nutrients in the label. Moreover, information can be presented in several columns given that the presentation is clear and not misleading to the consumers. Trade may refer to examples of recommended formats of nutrition labelling provided in Annex II of the Technical Guidance Notes. As a general rule, information provided should be clearly and legibly marked. Trade is reminded that there are a set of requirements on the specific label for prepackaged food exempted from nutrition labelling under Small Volume Exemption Scheme and details can be found in Appendix of Annex V of the Technical Guidance Notes.

7. Can the word “Calories” represent “Energy” and at the same time the unit of energy?

The word “Calories” can be used to represent the term “Energy”. When it is used, the energy content should be presented in the unit Calories or Kilocalories (kcal). The presentation of “Calories 140 per serving” is considered as having energy content of 140 kcal per serving.

8. What should be noted if nutrient contents are presented on "per serving" basis? How to determine a “serving size”? Can number of servings be rounded?

When nutrient contents are presented on "per serving" basis, the number of servings and the serving size (in gram or millilitre) should be specified on the package.

There is no prescribed standard for determining “serving size” in the Amendment Regulation. “Serving size” of a product usually refers to the amount of food concerned customarily consumed per eating occasion. When determining the “serving size”, the trade should take into account the normal consumption pattern in average consumers and it should be realistic and reasonable. If trade has difficulties in determining the serving size or the information so provided may cause confusion to customers, the nutrient information can be presented as per 100 g/mL.

Rounding of number of servings is not required but food manufacturers can round it to integral number to facilitate consumer understanding. Information for nutrient content in nutrition label should be accurate and not misleading. For example, nutrient contents per serving should be calculated basing on serving size and not the rounded number of servings. In addition, claim conditions still apply to per 100g/mL or per 100 kcal as appropriate.

9. What does the term “Chinese NRVs” mean?

There is a set of nutrient reference values (NRVs) set out in Schedule 7 of the Amendment Regulation. These NRVs were developed in consultation with local experts who agreed that Hong Kong should adopt NRVs from Mainland China. To indicate the reference value used is the one set out in the Schedule, the terms “Chinese Nutrient Reference Value” or “Chinese NRV” may be used. The term “nutrient reference value” also refers to any reference value set out in Schedule 7 of the Amendment Regulation.

10. NRV adopted in Hong Kong for carbohydrates seems to be different from that of Mainland China. How should I label my products?

For carbohydrates, the NRV set out in the Amendment Regulation is 300 grams of Total Carbohydrates. The Administration is aware that the latest Mainland NRV for carbohydrates is 300 grams of Available Carbohydrates. The Administration is in the position that calculation of relative amount expression basing on either one will be acceptable and the term Chinese NRV for carbohydrates can refer to either one. For calculation of % NRV of carbohydrates, the following equations are acceptable:

OR

OR

OR

11. What nutrient reference values (NRVs) should we use for preparing nutrition labels and for calculation of claim conditions?

In nutrition label, provision of relative amount of nutrient in terms of % NRVs is voluntary. It is recommended that Chinese NRVs to be used when expressing nutrient information in percentages. NRVs established by recognized international food/health authority or national food/health authorities are also accepted, but it is recommended that the source of these NRVs to be clearly stated on the label for consumers’ easy reference.

However, it must be noted that the conditions for making certain claims (e.g., “source” and “high” on protein, vitamins and minerals) are based on NRVs set out in Schedule 7 of the Amendment Regulation. Other NRVs must not be used in the calculation when determining whether the nutrient content in the food is able to meet the relevant claim conditions.

12. Are the tolerance limits applicable to absolute and relative nutrient declaration and claims?

The tolerance limits are only applicable to declared values on nutrition label but not to claims. For nutrients which are voluntarily labelled, if only relative values are provided on the label, the declared relative value will be converted to absolute value before applying the tolerance limits.

Tolerance limits also apply to factual statements and rounding rule of round to zero.

13. Are rounding rules set out in the Technical Guidance Notes mandatory? How to round nutrients in micrograms?

Rounding rules set out in Table 2 of the Technical Guidance Notes are not mandatory. For example, a vitamin of level of 1.4 mg may be presented as such and not necessarily be rounded to 1 mg. There is no suggestion for rounding for nutrients in microgram. In general, presentation of energy and nutrient contents should be accurate and not misleading.

14. Can nutrient values of solid food (e.g. ice-cream) be presented as per 100mL and those of liquid food be presented as per 100 g?

There is no such requirements stipulated in the Amendment Regulation and solid food can have its nutrient contents expressed as per 100 mL and those of liquid food can be presented as per 100 g. For consumers’ easy understanding, it is, however, preferable that solid food is presented as per 100 g, while liquid food is presented as per 100 mL.

15. Nutrients that are mandatorily required must be expressed in metric unit (i.e. gram, milligram or microgram). Are there requirements which nutrients should be expressed in one of the above units?

There is no such requirement. For example, sodium 500 mg can be presented as sodium 0.5 g.

16. Some nutrients e.g. Vitamin C degrade quickly. What to consider when listing its content and making nutrition claims on it?

Trade should ensure that levels of such nutrients fall within the tolerance limits for labelling purpose and meet the conditions of making such claims throughout the shelf-life of the product taking into account the rate of degradation of the nutrients. One should be aware that tolerance limits do not apply to conditions of nutrition claims. If nutrition claims are made, trade should ensure that the remaining nutrient content can meet the conditions set throughout the shelf life of the product.

17. Is it true that only common names and abbreviations of nutrients listed out in Table 1 of the Technical Guidance Notes can be used?

Table 1 lists out some common names and abbreviations of nutrients, which are not exhaustive. Trade may use other common names and abbreviations. However, trade should avoid using those uncommon ones that may cause confusion to the consumers.

18. If the ingredient list contains “low fat milk” or “low sodium salt”, are they considered as nutrition claims?

Mentioning of any nutrient content in a list of ingredients as required by the Food and Drugs (Composition and Labelling) Regulations are not considered as nutrition claim. However, if the overall presentation of the product states, suggests, or implies that the product has particular nutritional properties, it will be considered as nutrition claims.

19. Are the conditions for “free” claims different from definition of “0” on nutrition label?

The definition of “0” for absolute amount expression on nutrition label in Table 2 of the Technical Guidance Notes should not be confused with the conditions of “free” for nutrient content claims. Concerning absolute amount expression on nutrition label, for energy and nutrients (protein, carbohydrates, total fat, saturated fat, trans fat, sodium, sugars, dietary fibre and cholesterol), there are definitions of “0” set out in the Technical Guidance Notes. Those with levels not greater than the specified amount can be labelled as “0” as the absolute amount expression in the nutrition label. While a nutrient content claim e.g. “trans fat free”, “sugar free” are to be made, conditions set out in Schedule 8 of the Amendment Regulation need to be fulfilled. They are compared in the following table:

* A nutrient content claim can be made only for energy and those nutrients specified in Schedule 8 of the Amendment Regulation and must meet the conditions set out in the Schedule. Since “free” claims for these categories are not included in Schedule 8, and there are no respective conditions set for such claims, as such, they are not allowed.

20. Are products with their claims covered with a sticker or blackened out considered as products with no nutrition claim? "updated in April 2010"

If any product provides a nutrition claim on the label, but such a claim is properly and completely covered up with a firmly attached sticker or blackened out rendering it invisible, the product is considered as a product with no nutrition claim.

21. Are “100% Natural/Organic/Fresh”, “100% Oat”, “non GMO”, “Wheat free”, “Dairy Free”, “Soy free”, “Yeast free”, “with probiotics”, “with prebiotics”, “with antioxidants”, “contains enzymes”, “contains co-enzymes” and “no hormones” considered as nutrition claims?

The above are not considered as nutrition claims as long as they are not referring to any nutrients. In addition, claims of “no galactose” or “galactose free” are allowed.

22. Is nutrition claim made on an ingredient of a product e.g. “Oat contains high level of dietary fibre” allowed?

If the ingredient concerned is the sole ingredient of the product, it should meet the relevant claim conditions. However, if the claimed ingredient is not the sole ingredient and the presentation implies the nutritional property of the whole product as containing high level of fibre but which is not the fact, the claim may be considered misleading.

23. When preparing nutrition labels and considering conditions for claims, whether the status as sold or as consumed should be used for consideration?

In the nutrition label, nutrient contents should be provided for the form of food as sold. The nutrient contents can also be provided for the form as consumed as additional information if it specifies as such and provides clear instruction for preparation on the package. For nutrition claims, the claim conditions refer to the form as sold. However, for products that have to be reconstituted with water (e.g. milk powder, concentrated fruit juice) before consumption, conditions for nutrition claims are applicable to its status after reconstitution, if specified as such, following instructions provided on the package. The preparation instructions should be clearly stated.

24. Are claims of “95% fat free” or “contains 5% fat” allowed?

The expression of "X% fat free" is considered as a synonym of "low fat" claims. Therefore, in order to use these expressions, the claim conditions for "low fat" must be met, i.e., the food should contain not more than 3g of total fat per 100g if it is a solid food, or the food should contain not more than 1.5g of total fat per 100mL if it is a liquid food. Since the expression of "95% fat free" or "contain 5% fat" implies that the food contains 5g of total fat per 100g or 100ml of food, it does not fulfill the requirements of a "low fat" claim and therefore is not allowed. If the expression is "100% fat free", it has to meet the condition of "fat free" claim, i.e. the food should contain not more than 0.5g of total fat per 100g or per 100mL of food.

25. Are claims such as "no oil", "low oil" or "less oil" considered as nutrient content claims on fat?

Total fat normally refers to the sum of triglycerides, phospholipids, wax ester, sterols and minor amount of non-fatty material. Edible oils, such as corn oil, peanut oil, etc., contain mainly (normally over 97%) triglycerides. Hence, "oil" can, in general, means fat, and claims such as "no oil", "low oil" or "less oil" must also satisfy the respective claim conditions for "no fat", "low fat" or "less fat".

26. Can claims like “no starch” or “low starch” be made?

A nutrient content claim can be made only for energy and those nutrients specified in Schedule 8 of the Amendment Regulation and must meet the conditions set out in the Schedule. As starch was not included in the Schedule and there is no respective condition set for its content, nutrient content claims on starch such as "no starch" or "low starch" cannot be made.

27. Are claims like “with amino acids”, “with glucose” or “with omega-3” allowed?

A nutrient content claim can be made only for energy and those nutrients specified in Schedule 8 of the Amendment Regulation and must meet the conditions set out in the Schedule. Since the above nutrients are not included in Schedule 8, and there are no respective conditions set for their content, as such, nutrient content claims cannot be made on them.

28. What does the word “similar” mean with respect to nutrient comparative claim?

Examples of similar foods include same food of different brands (e.g. Brand A cookies and Brand B cookies), or different versions of the same food (e.g. Brand A regular cookies and Brand A fat-reduced cookies), or food of the same category/food group (e.g. prawn crackers and potato chips; milk and cheese).

29. How should reference food for nutrient comparative claims be described?

When making comparative claims, it is mandatorily required to include (1) a description of the foods being compared and (2) the difference in the energy value or the content level of the nutrient between the foods being compared expressed as an absolute value, a percentage or a fraction.

In addition to these mandatory requirements, it is also recommended to include the absolute value of the content of the energy or nutrient in the reference food in order to facilitate comparison of nutrient contents in different products.

30. Can nutrient function claim made for a nutrient with a NRV established by other recognised international food/health authorities but not Chinese NRV nor conditions included in Schedule 8?

No. Nutrient function claim can only be made on a nutrient with a Chinese NRV set out in Schedule 7 of the Amendment Regulation, or with conditions for making nutrient content claims set out in Schedule 8 of the Amendment Regulation.

31. Under the exemption list in Schedule 6 of the Amendment Regulation, what is “catering establishment” referring to? Does it cover school lunchbox providers?

Under the Food and Drugs (Composition and Labelling) Regulations, "catering establishment" means a restaurant, canteen, club, public house, school, hospital or other establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer for immediate consumption. Such definition also applies to the Amendment Regulation. If a school lunchbox provider runs the business as a food factory where the lunchboxes are prepared and delivered to some other places for sale for human consumption, it is not classified as a "catering establishment".

32. Do all exempted items need application and approval?

Items exempted under the Amendment Regulation are listed in Schedule 6 of the Amendment Regulation and Annex I of the Technical Guidance Notes. Application and approval are required only for the last item in Annex I of the Technical Guidance Notes, which is prepackaged food with annual sales volume not exceeding 30 000 units. One may refer to details in Part 2 of Schedule 6 of the Amendment Regulation or Annex V of the Technical Guidance Notes.

33. One item under exemption list in Schedule 6 of the Amendment Regulation is “Prepackaged food (a) processed and sold to an ultimate consumer at the same premises; or (b) processed at a place which is adjacent to, or in the immediate vicinity of, the premises where the food is sold to an ultimate consumer, and not offered for sale outside the premises referred to in (a) or (b).” If the product is processed (e.g. baked) in one premise and sold in another premise outside (a) or (b), are the same products sold in (a) or (b) exempted?

No. If the same products are also sold in other premises, all of them are not exempted.

34. Prepackaged food with annual sales volume not exceeding 30000 units can apply for exemption under the Small Volume Exemption Scheme. How to count as one unit?

Upon application, exemption from nutrition labelling requirements of a prepackaged food may be granted if the annual sales volume of food of the same version in Hong Kong would not exceed 30000 units. Eligible applicants are manufacturers (for local products) or importers (for imported products) and sales volume refer to those at the manufacturer or importer level. In determining whether certain prepackaged foods are of the same version, ingredients, packing size, flavour, manufacturer/packer, container and other features of the foods will be taken into consideration.

Traders should submit separate applications in respect of products of different versions. For products identical in all the factors mentioned above but with different packaging design or artwork, whether they are considered as different versions will be determined on a case-by-case basis and traders should submit the details and the package for consideration.

35. Specific labels are needed to indicate certain products are exempted under the Small Volume Exemption Scheme. Can that label incorporate other information e.g. ingredients, expiry dates, etc? Furthermore, is it acceptable for not providing a surrounding line to the label, if it is a separate sticker? "updated in April 2010"

Label requirements for prepackaged food exempted from nutrition labelling under Small Volume Exemption Scheme are listed out in the Appendix I of the "Guide to Application for Small Volume Exemption from Nutrition Labelling". The label should be enclosed by a surrounding line in the shape of a rectangle, a square or a circle and shall include no matter other than the wordings required. However, outside the surrounding line, other information can be provided.

On the other hand, it is acceptable for not providing a surrounding line for the exemption label, if it is in the form of a separate sticker, as the rim of the sticker is considered as a surrounding line for the label.

36. For products exempted under Small Volume Exemption Scheme, presence of existing nutrition label without any nutrition claims will not remove its exemption status. However, does the existing nutrition label need to meet labelling requirements of the Amendment Regulation?

The labelling requirements of the Amendment Regulation are not applicable to items exempted under the Small Volume Exemption Scheme. However, as a general rule, all information provided should be accurate, true and not misleading.

April 2010
Centre for Food Safety