The Law of Ukraine On the Provision of Food Information to Consumers

2019-10-22

How to ensure the food’s marking to make it protectable by IP law and at the same time to comply with the new Legislation? We have evaluated a new Law of Ukraine On the Provision of Food Information to Consumers and prepared analysis in the framework of IP law. Although the IP rights holders have 3 years to adapt the marking of food in accordance with new regulations, we find it important to get acquaint you  with the information provided below in advance.

The Law of Ukraine On the Provision of Food Information to Consumers

The Law of Ukraine On the Provision of Food Information to Consumers has entered into force in august 2019 (hereinafter – the Law).

To start with, food producers have 3 years to adapt the marking in accordance with the Law, namely, the necessary check for compliance and/or amendments should be done before  08/05/2021.

The short TO DO/ TO CHECK guide for the food producers for compliance with the Law

There are new definitions of the terms ‘official name’, ‘usual name’, ‘descriptive name’:

  • official name – name of food which is determined by legislative act or by national standard (in a case of the absence of legislative act); foodis offered to consumers and catering facilities under this name;
  • usual name – name of food which is understandable for consumers without any additional explanation;
  • descriptive name – describes food product, gives consumers possibility to know more about the category of food product and to distinguish it from other products.

Official name and descriptive name can’t be registered as a trademark because mentioned names don’t fulfill the criteria of legal protection. Thus, we need to distinguish the name of the food and marking that can be registered as a trademark.

 

Information that must be given on food product

Rule No 1: information about food shouldn’t be misleading.

Rule No 2: information should be mentioned in Ukrainian; there can be translations in other languages along with the Ukrainian text.

Mandatory information includes:

  • Name of food (official, usual or descriptive name);
  • Information about physical condition of food;
  • Shelf-life;
  • List/quantity of ingredients; such a list should include all ingredients (ingredients are mentioned in descending order according to mass fraction of certain ingredient);
  • ‘GMO’ sign if there is more than 0,9% GMO in any ingredient of food product;
    ‘non-GMO’ sign – if this information is confirmed and no GMO can be found in the food product;
  • ‘Organic’ products. There are certain requirements regarding food flavors and milk products which label has a sign ‘organic’;
  • ‘Gluten-free’ sign can be used if the fraction of gluten doesn’t exceed 20 milligrams per kilo of total product mass.

Certain fines are provided for violation of the Law regulations (as of October 2019):

  • for legal entities – UAH 125,190;
  • for individual entrepreneurs – UAH 83,460.