""

Required Report - public distribution

**Date:** 12/5/2003

**GAIN Report Number:** NL3048

NL3048

**Netherlands**

**Food and Agricultural Import Regulations and Standards**

**Country Report**

**2003**

**Approved by:**

![](media/image1.wmf)Roger Wentzel

U.S. Embassy, The Hague

**Prepared by:**

Marcel Pinckaers

**Report Highlights:**

This report outlines regulations on Food and Agricultural imports into
the Netherlands

Includes PSD Changes: No

Includes Trade Matrix: No

Annual Report

The Hague \[NL1\]

\[NL\]

Table of Contents

[Section I. Food Laws 3](#section-i.-food-laws)

[Harmonization within the EU 3](#harmonization-within-the-eu)

[The Netherlands 3](#the-netherlands)

[Section II. Labeling Requirements
4](#section-ii.-labeling-requirements)

[A General Requirements 4](#a-general-requirements)

[1. Scope of Labeling Law 4](#scope-of-labeling-law)

[1.2 The Description 4](#the-description)

[1.3 Listings 4](#listings)

[1.4 Placing of Descriptions and Listings
6](#placing-of-descriptions-and-listings)

[2. Specify Languages 6](#specify-languages)

[3. Standard US Label 6](#standard-us-label)

[4. Stick-on Labels 6](#stick-on-labels)

[5. Enforcement of Labeling Regulations
6](#enforcement-of-labeling-regulations)

[6. (1) Sample-size products or (2) Institutional packed products
7](#sample-size-products-or-2-institutional-packed-products)

[7. Claims 7](#claims)

[8. (1) Shelf-life or (2) Country-of-Origin Requirements
7](#shelf-life-or-2-country-of-origin-requirements)

[9. Exception to Labelling 7](#exception-to-labelling)

[B Requirements Specific To Nutritional Labeling
7](#b-requirements-specific-to-nutritional-labeling)

[Nutritional Labeling Requirements
7](#nutritional-labeling-requirements)

[Nutrient Content Claims 8](#nutrient-content-claims)

[Health Claims 9](#health-claims)

[Section III. Packaging and Container Regulations
9](#section-iii.-packaging-and-container-regulations)

[Materials in Contact with Foodstuffs
9](#materials-in-contact-with-foodstuffs)

[Packaging Waste Management 10](#packaging-waste-management)

[Section IV. Food Additive Regulations
10](#section-iv.-food-additive-regulations)

[Sweeteners 10](#sweeteners)

[Colors 10](#colors)

[Miscellaneous Additives 10](#miscellaneous-additives)

[Flavorings 11](#flavorings)

[Section V Pesticides and other Contaminants
11](#section-v-pesticides-and-other-contaminants)

[Pesticides 11](#pesticides)

[Other Contaminants 11](#other-contaminants)

[Section VI Other Regulations and Requirements
12](#section-vi-other-regulations-and-requirements)

[Certification of Animal Products 12](#certification-of-animal-products)

[Processed Foods with Animal Products
12](#processed-foods-with-animal-products)

[Other Processed Foods 12](#other-processed-foods)

[Plant Products 13](#plant-products)

[EUREPGAP 13](#eurepgap)

[Section VII Other Specific Standards
13](#section-vii-other-specific-standards)

[Novel Foods 13](#novel-foods)

[Dietetic/Health Foods 13](#dietetichealth-foods)

[Organic Foods 14](#organic-foods)

[Section VIII Copyright and/or Trademark Laws
14](#section-viii-copyright-andor-trademark-laws)

[Copyright 14](#copyright)

[Trademarks 14](#trademarks)

[Section IX Import Procedures 15](#section-ix-import-procedures)

[Customs Clearance 15](#customs-clearance)

# Section I. Food Laws

## Harmonization within the EU

Originally created as a customs union, the EU slowly is becoming a
single market and is harmonizing legislation between the 15 Member
States. Regulation EC No 178/2002, published in January 2002, sets out
the general principles and requirements of EU harmonized food law.
Imported products must meet existing Member State requirements in cases
where EU regulatory harmonization is not yet complete. Since the
Netherlands is an important trader, Dutch rules generally mirror EU
rules.

The EU has followed a dual approach in harmonizing food laws.
'Horizontal' legislation covers aspects that are common to all food
products (for instance: using the Dutch language for labeling products).
'Vertical' legislation covers aspects that are sector specific (for
instance: a list of EU approved beef slaughter facilities).

Exporters should be aware that there may also be some variation among
Member States in applying EU harmonized legislation: there may be
temporary waivers or exemptions and in certain cases there may be room
for interpretation of EU harmonized legislation or aspects which are not
regulated in detail at EU level may be handled differently in different
member states. In addition, there is a wide variation in inspection
fees, in registration fees and in the time required to evaluate dossiers
on products used in the course of the food production process.

()

## The Netherlands 

The \"Warenwet\" (Food and Drugs Act) provides the Dutch regulatory
framework for all food and non-food products. This Act is applicable to
domestically produced and imported products. Main objectives of this law
are (1) health protection, (2) product safety (3) ensuring provision of
adequate and correct information and (4) promotion of fair trade.
Reforms of the Dutch Food and Drug Act are published in the
\"Staatscourant\". The Act itself can be found on
[http://wetten.overheid.nl](http://wetten.overheid.nl/)

Through the \"Keuringsdienst van Waren\" and the \"Rijksdienst keuring
Vee en Vlees\", the Dutch Food and Drug Authority (VWA) has the
authority to control the Dutch Food and Drugs Act. The Dutch Food and
Drug Authority is a part of The Ministry of Agriculture, Nature
Management and Food Quality. (

**Voedsel en Waren Autoriteit (VWA)**

Postbus 19506

2500 CM Den Haag

phone: +31 70 448 4848

fax: +31 70 448 4747

[www.vwa.nl](http://www.vwa.nl/)

<info@vwa.nl>

# Section II. Labeling Requirements

# A General Requirements

## 1. Scope of Labeling Law

General rules on the labeling, presentation and advertising of
foodstuffs marketed in the EU are laid down in the European Parliament
and Council Directive 2000/13/EC + corrigendum (English version of Annex
III). This directive consolidates general labeling directive 79/112/EEC
and all its amendments in a single text. It applies to food products
intended for supply to food retail and foodservice. ()

Dutch legislation closely follows EU legislation. See below where they
may differ. In the Netherlands, the general labeling requirements have
been laid down in the "Warenwetbesluit Etikettering van Levensmiddelen"
(Royal decree concerning food labeling). The Royal decrees with detailed
labeling requirements can be found at
[http://wetten.overheid.nl](http://wetten.overheid.nl/) Note: Link is in
Dutch. If importers/partners are unable to translated contact OAA

***Generic Definitions***

The Dutch labeling requirements apply to food products at the time when
they are for sale for consumers (art. 1:2). In practice, this includes
food retail and parts of the food service industry (institutions). The
labeling requirements for food products sold to the food processing
industry and parts of the food service industry (no direct contact with
the consumer) are somewhat different (see 1.6).

## 1.2 The Description

The food product must be described in such a way that the buyer
understands the nature of the product and its composition
("Warenwetbesluit Etikettering van Levensmiddelen" art. 4).

## 1.3 Listings

### 1.3.1 Ingredients

All ingredients should be listed, in descending order of weight. In
general, ingredients have to be listed under their specific names.
However, for some categories of ingredients (natural ingredients or
foodstuffs) generic names may be used.

Additives must be listed by their customary names or by their E-number;
this has to be preceded by the name of the additive category (section IV
Additives).

Sometimes an additive can be used in more than one function. In that
case the manufacturer of the food in question should mention on the
label the category that corresponds to the specific use. (Additives
carried over from ingredients must be declared only if they have an
effect on the final product. Declaration of processing aids, solvents,
etc., used in the production process, is not required.) In case special
emphasis is placed on the presence or the high or low content of an
ingredient, the percentage must be stated in the list of ingredients.
([www.useu.be/agri/label.html](http://www.useu.be/agri/label.html))
("Warenwetbesluit Etikettering van Levensmiddelen" art. 6).

### 1.3.2 Net Quantity

Fluid food products or food products that can be drunk need a liter (l),
a centiliter (cl) or a milliliter (ml) indication on the label. Other
food products are expressed on the label in grams (g) or kilograms (kg).

The listed net quantity is to be considered as a minimum, applicable to
each individual packaging. It is, however, possible to employ a system
of declaration of the average net quantity. In this case, net content
must be labeled in combination with the character "e," for example: e
500 g.

The e-system may only be used on the basis of specific requirements
concerning the acceptable variations and upon the certification of a
detailed control system. This system must be managed by the Dutch packer
or importer and will be checked by the Dutch authorities
("Warenwetbesluit Etikettering van levensmiddelen" art. 11).

### 1.3.3. Other Required Listings

***Irradiated products:***

Harmonization of EU rules on food irradiation is still at an initial
stage and US exporters of irradiated foodstuffs should check individual
EU member State legislation for compliance.

In the Netherlands, if the product of product ingredient has been
irradiated, this must be stated by mentioning the word(s)
\"doorstraald\", \"door straling behandeld\" or \"met ioniserende
straling behandeld\" ("Warenwetbesluit Etikettering van Levensmiddelen"
art. 4).

***Quantitive Ingredients Declaration (QUID):***

Quantitative ingredients declaration is mandatory in the following
cases:

• Where the ingredient or category of ingredients appears in the name
under which

the foodstuff is sold: e.g. strawberry ice cream - QUID for
strawberries; or fruit pie -QUID for total fruit content.

• Where the ingredient or category of ingredients is usually associated
with that name by the consumer: e.g. goulash soup - QUID for beef.

• Where the ingredient or category of ingredients is emphasized on the
labeling in words (e.g. \"made with butter\"), pictures (e.g. of a cow
to emphasize dairy ingredients) or graphics (different size, color
and/or style of print).

• Where the ingredient or category of ingredients is essential to
characterize a foodstuff and to distinguish it from similar products.

([www.useu.be/agri/label.html#QUID](http://www.useu.be/agri/label.html#QUID)
) ("Warenwetbesluit Etikettering van Levensmiddelen" art. 10).

***Instruction for storage and/or use:***

Any special storage conditions or conditions of use must be supplied if
there is a risk for incorrect storage or use ("Warenwetbesluit
Etikettering van Levensmiddelen" art. 18).

***Name and Address of Producer, Packer or Vendor:***

The (business) name and address of the manufacturer, packager or vendor
established within the Community must be presented ("Warenwetbesluit
Etikettering van Levensmiddelen" art. 19).

***Percentage of Alcohol:***

For beverages containing more than 1.2% alcohol by volume, the
percentage of alcohol has to be mentioned, \"alcohol\"/\"alc.\" \"%
vol\". It is advisable to mention the percentage of alcohol in other
food products as well ("Warenwetbesluit Etikettering van Levensmiddelen"
art. 21).

***Lot Marking:***

A mark to identify the lot to which a foodstuff belongs, determined by
the producer, manufacturer or packager or by the first seller in the EU.
The marking shall be preceded by the letter \"L\", except in cases when
it is clearly distinguishable from other indications on the label. The
lot identification is not necessary if the date (day and month) of
minimum durability or \"use by\" date appears in un-coded form on the
label. [(GAIN
E23195)](http://intranetapps/GainFiles/200310/145986463.pdf) and/or
("Warenwetbesluit Etikettering van Levensmiddelen" art. 22).

***Frozen:***

If the product is frozen and must be stored frozen in a freezer, the
word "Diepvries" must be mentioned near the product name/designation.
Additionally, it must mention for what period, at what temperature or in
what installation the consumer can store the frozen product. Finally it
must mention that thawed products may not be frozen again: "na
ontdooiing niet opnieuw invriezen."
([www.useu.be/agri/frozen.html](http://www.useu.be/agri/frozen.html))
and/or ("Warenwetregeling Diepgevroren levensmiddelen" art. 6).

***Sweeteners:***

The use of sweeteners must be mentioned near the product
name/designation by the words "met zoetstoffen." If a combination of
sugars and sweeteners has been added, the words "met suikers and
zoetstoffen" must be mentioned here ("Warenwetbesluit Zoetstoffen" art.
9).

***Packaged in a Protective Atmosphere:***

For foodstuffs whose durability has been extended by means of packaging
gases (in conformity with EC council directive 89/107), the words
"verpakt onder beschermende atmosfeer" must be included on the label
("Warenwetbesluit Etikettering van Levensmiddelen" art. 22a).

***Biotech Food and Feed:***

On July 2, 2003, the European Parliament voted to approve the "Labeling
and traceability" proposal. This proposal mandates that all foods and
feed produced from Biotech products, including products that no longer
contain detectable traces of Biotech products must be labeled as
containing Biotech ingredients. The allowable level of adventitious
presence for EU-approved varieties of Biotech is set at 0.9 percent.
Above this level, all products must be labeled. Operators must
demonstrate that the presence of GM material was adventitious or
technically unavoidable. For GM varieties, which are not yet formally
approved but which have received a positive EU risk assessment, the
adventitious presence level is set 0.5 percent. This provision will
expire after 3 years. Above this threshold, the product is not allowed
on the EU market. The regulation does not require labeling of products
that are not food ingredients, such as processing aids. Meat, milk or
eggs obtained from animals fed with GM feed or treated with GM medicinal
products do not require GM labeling. For more information on the
labeling of processed products see [GAIN report
E23197](http://www.fas.usda.gov/scriptsw/attacherep/gain_display_report.asp?Rep_ID=145986500).

## 1.4 Placing of Descriptions and Listings

Descriptions and listings have to be placed in such a way they are
clearly visible and easy readable ("Warenwetbesluit Etikettering van
Levensmiddelen" art. 23).

## 2. Specify Languages

The language to be used is Dutch. It is permitted to mention information
in other languages as well ("Warenwetbesluit Etikettering van
Levensmiddelen" art. 23).

## 3. Standard US Label

The standard US label fails to comply with EU and Dutch labeling
requirements. Requirements under Section II have to be met.

## 4. Stick-on Labels

Stick-on labels, in addition to the standard US label can be used. In
this case, the Dutch stick-on label shall meet all Dutch labeling
requirements and shall not mislead the consumer ("Warenwetbesluit
Etikettering van Levensmiddelen" art. 24).

## 5. Enforcement of Labeling Regulations

The food product must have the correct label before it is sold to the
consumer ("Warenwetbesluit Etikettering van Levensmiddelen" art 1).

## 6. (1) Sample-size products or (2) Institutional packed products

\(1\) For sample-size products the same requirements apply
("Warenwetbesluit Etikettering van Levensmiddelen" toelichting art. 1)

\(2\) For food products that are used by large institutions: individual
product packaging does not necessarily have to comply fully with normal
labeling requirements. Purchased quantity (i.e. pallet, box, etc)
however must include the following information: a. the name, b.
information on the producer, packer or vendor and c. the shelf live
("Warenwetbesluit Etikettering van Levensmiddelen" art. 24).

## 7. Claims

Medical claims, attributing to a foodstuff the property of preventing,
treating or curing human diseases, are explicitly prohibited in the EU
general labeling directive. The directive does not provide any guidance
on which health claims are allowed and which not. More information on
Health claims in the Netherlands can be found on
[www.koagkag.nl](http://www.koagkag.nl/).

## 8. (1) Shelf-life or (2) Country-of-Origin Requirements

\(1\) Date of Minimum Shelf-life/Last day of consumption must be
indicated

If the shelf life is influenced by the method of storage, a description
of appropriate storage must be mentioned on the label. The statements to
be used are the following:

("Warenwetbesluit Etikettering van Levensmiddelen" art. 16).

+------------------------+---------------------------------------------+
| Minimum Durability     |                                             |
+------------------------+---------------------------------------------+
| Tenminste houdbaar     | Day, Month, Year                            |
| tot:                   |                                             |
|                        | For a shelf-life up to 3 month after the    |
|                        | date of packing                             |
+------------------------+---------------------------------------------+
| Tenminste houdbaar tot | Month, Year                                 |
| einde:                 |                                             |
|                        | For a shelf-life between 3 and 18 months    |
+------------------------+---------------------------------------------+
| Tenminste houdbaar tot | Year                                        |
| einde:                 |                                             |
|                        | For a shelf-life longer than 18 months      |
+------------------------+---------------------------------------------+
| Use by Date            |                                             |
+------------------------+---------------------------------------------+
| Te gebruiken tot:      | Last day                                    |
+------------------------+---------------------------------------------+

\(2\) Place of Origin

The place of origin must be mentioned (regional, territorial or
topographical) when omitting it misleads the consumer ("Warenwetbesluit
Etikettering van Levensmiddelen" art. 20).

## 9. Exception to Labelling

Do authorities grant exception to their labeling regulations (i.e.
containers of food to be processed, labeled or repacked)? Who grants an
exception? Under what circumstances would an exception to the labeling
law be given? No, only the Minister can do so but this would be very
rare.

# B Requirements Specific To Nutritional Labeling

## Nutritional Labeling Requirements

Nutrition labeling is not mandatory in the EU unless a nutrition claim
is made on the label or in advertising messages.

Nutrition labeling rules are laid down in [Council Directive
90/496/EEC](http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg-EN&numdoc=31990L0496&model=guichett). 
\"Nutrition labeling" means any information on the label that relates to
energy value and to the following nutrients: protein, carbohydrate, fat,
fibre, sodium, vitamins and minerals present in significant amounts.

A \"nutrition claim\" means any representation or advertising that
claims that a foodstuff has particular nutritional properties, and is
only allowed if it relates to the energy value and/or nutrients referred
to above. Where nutrition labeling is provided, the information to be
given should consist of either group 1 or group 2 in the following
order:

+---+------------------------------+---+---------------------------------+
| G |                              | G |                                 |
| r |                              | r |                                 |
| o |                              | o |                                 |
| u |                              | u |                                 |
| p |                              | p |                                 |
| 1 |                              | 2 |                                 |
+---+------------------------------+---+---------------------------------+
|  | the energy value             |  | the energy value                |
|   |                              |   |                                 |
|  | the amount of protein,       |  | the amount of protein,          |
|   | carbohydrate and fat         |   | carbohydrate, sugar, fat,       |
|   |                              |   | saturates, fibre and sodium     |
+---+------------------------------+---+---------------------------------+

The energy value and the proportion of nutrients must be declared in
specific units per 100 grams or per 100 milliliters. The information on
the label must be presented in tabular form with the numbers aligned or
if space does not permit, in linear form in a language easily understood
by the purchaser

(<http://www.useu.be/agri/label.html>) ("Warenwetbesluit
Voedingswaarde-informatie Levensmiddelen").

## Nutrient Content Claims

A \"Nutrition Claim\" means any representation or advertising that
claims that a food product has particular nutritional properties and is
only allowed if it relates to the energy value and/or the following
nutrients: protein, carbohydrate, fat, fibre, sodium, vitamins and
minerals present in significant amounts.

(<http://www.useu.be/agri/partnutr.html>)

There are no provisions concerning nutritional claims on an EU level.
Dutch provisions exist concerning the following claims:

  -------------------- -------------------------------------------------------------------
  ***Energetic         
  Value***             

                      Low energy value (less than 210 kJ/100g or 100ml) except for soups
                       and drinks (Less than 85 KJ/100ml).

                      Reduced energy level (at least 33% lower than that of comparable
                       standard products).

  ***Fat Content***    

                      Low fat content (less than 5%; must be calculated on a dry matter
                       basis for beverages, soup and milk).

                      Reduced fat content (at least 33% lower than that of comparable
                       products).

  ***Protein           
  Content***           

                      High protein content (at least 20%; should be calculated on a dry
                       matter basis for beverages, soup and milk).

                      Elevated protein content (at least 33% higher than that of
                       comparable products).

  ***Polyunsaturated   
  Fatty Acids***       

                      High level of polyunsaturated fatty acids (at least 60% of the fat,
                       saturated fat not more than 25% of the fat, daily consumption
                       corresponding with at least 5 g of fat).

                      Elevated level of polyunsaturated fatty acids (at least 30% and at
                       most 60% of the fat and at least twice the level of comparable
                       products; the level of saturated fat does not exceed the level of
                       polyunsaturated fat and daily consumption must correspond with at
                       least 5 g of fat ).

                      Low content of saturated fat (saturated fat not more than 25% of
                       total fat, polyunsaturated fat at least 60% of total fat, daily
                       consumption of the product must correspond with at least 5 g of
                       fat).

  ***Sugar Content***  

                      "suikervrij" (sugar free) or "zonder suiker" (without sugar) (no
                       sugar present, comparable products may contain sugars).

                      Reduced sugar level (at least 33% less sugars than in comparable
                       products).

                      No sugars added/unsweetened (no sugars, syrups or honey added).

  ***Dietary Fiber     
  Content***           

                      High dietary fiber content (at least 10% on a dry matter basis for
                       soups, milk products and beverages in the ready-for-use product).

                      Elevated dietary fiber content (at least 33% higher than in
                       comparable products).

  ***Sodium Content*** 

                      Low sodium/salt (less than 40 mg sodium per 100 g or 100 ml).

                      Reduced sodium/salt (at least 33% less sodium than in comparable
                       products).

                      No salt added (no sodium used during manufacturing).

  ***Vitamin***        

                      High level of a specific vitamin or mineral: normal daily
                       consumption of the product in question should supply at least 20%
                       of the (Dutch/EC) RDI.
  -------------------- -------------------------------------------------------------------

("Warenwetbesluit Voedingswaarde-informatie Levensmiddelen").

## Health Claims

Medical claims, attributing to a foodstuff the property of preventing,
treating or curing human diseases, are explicitly prohibited in the EU
general labeling directive. The directive does not provide any guidance
on which health claims are allowed and which not. More information on
Health claims in the Netherlands can be found on
[www.koagkag.nl](http://www.koagkag.nl/).

# Section III. Packaging and Container Regulations

Council Directive 76/211/EEC provides rules for container sizes,
acceptable tolerances on container content and requirements for the size
of the figures indicating container content.
([www.useu.be/agri/packaging.html](http://www.useu.be/agri/packaging.html))

Council Directive 76/211/EEC sets standards for quantity indications for
food containers.

  ----------------- -------------------- ------------------- -------------
  **Weight of       **Capacity of        **Volume of         **Minimum
  Contents**        Contents**           Contents**          Size of
                                                             Numbers**

  Not exceeding 50  Not exceeding 5 cl   Not exceeding 5 cl  2 mm
  g                                                          

  Exceeding 50 g,   Exceeding 5 cl, not  Exceeding 5 cl, not 3 mm
  not exceeding 200 exceeding 20 cl      exceeding 200 cl    
  g                                                          

  Exceeding 200 g,  Exceeding 20 cl, not Exceeding 200 cl,   4 mm
  not exceeding 1   exceeding 1 liter    not exceeding 1000  
  kg                                     cl                  

  Exceeding 1 kg    Exceeding 1 liter    Exceeding 1000 cl   6 mm
  ----------------- -------------------- ------------------- -------------

Council Directive 80/232/EEC prescribes allowable container sizes for
butter, fresh cheeses, salt, sugar, breakfast cereals, pasta, rice,
dried fruits and vegetables, coffee, frozen fruits and vegetables, fish
fillets, fish fingers, ice-cream, preserved fruits and vegetables and
products sold in metal containers ("Warenwet Verpakkingen- en
Gebruiksartikelen").

## Materials in Contact with Foodstuffs

[Council Directive
89/109/EEC](http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg-EN&numdoc=31989L0109&model=guichett)
specifies the common rules for materials that come into contact with
foodstuffs and provides for the adoption of specific directives
including lists of authorized substances, conditions of use, migration
limits, purity standards. To date, [specific
directives](http://europa.eu.int/comm/food/fs/sfp/food_contact/specific_en.html)
have been developed for vinyl chloride,
[plastics](http://europa.eu.int/comm/food/fs/sfp/food_contact/legislation/2002-72_en.pdf),
regenerated cellulose film, ceramics and the use of certain epoxy
derivatives in plastic materials, surface coatings and adhesives. In the
case of ceramics, migration limits have been established for two of
their constituents, namely lead and cadmium. Materials must bear an
indication \"for food use\", which can be replaced by the specific
symbol designed in [Council Directive
80/590/EEC](http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg-EN&numdoc=31980L0590&model=guichett).

([www.useu.be/agri/packaging.html](http://www.useu.be/agri/packaging.html))
("Warenwet Verpakkingen- en Gebruiksartikelen").

## Packaging Waste Management

Member States are required to take measures to limit the formation of
packaging waste and must introduce systems for reuse, recovery and
recycling of packaging materials ([Council Directive
94/62/EC](http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg-EN&numdoc=31994L0062&model=guichett)).
[Commission Decision
2001/524/EC](http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg-EN&numdoc=32001D0524&model=guichett)
relates to the publication of references for certain EN standards in the
Official Journal which do not fully meet the essential requirements of
Directive 94/62/EC.  To facilitate collection, reuse and recovery
including recycling, an identification system for packaging has been
drawn up ([Commission Decision
97/129/EC](http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg-EN&numdoc=31997D0129&model=guichett)).
Its use is voluntary ("Warenwet Verpakkingen- en Gebruiksartikelen").

# Section IV. Food Additive Regulations

Council Directive 89/107/EEC provides for the establishment of EU
harmonized positive lists of a wide range of food additives. All food
additives not included in the positive list are prohibited except for
those new food additives that are temporarily authorized by Member
States. Throughout the years there have been only a few food additives
temporarily authorized by the Netherlands, these can be found on
<http://europa.eu.int/eur-lex/en/index.html>. Processing aids,
flavorings, substances added to foodstuffs as nutrients such as
minerals, trace elements and vitamins do not fall under the scope of
this directive and continue to be subject to Member States legislation.
(<http://www.useu.be/agri/additive.html>).

## Sweeteners

[European Parliament and Council Directive
94/35/EC](http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg-EN&numdoc=31994L0035&model=guichett),
as amended ([consolidated
text](http://www.useu.be/agri/sweeteners-consol.pdf)), outlines
regulations on sweeteners for use in foodstuffs. The annex to this
directive list maximum usable dose for sweeteners in selected foodstuffs
("Warenwetbesluit Zoetstoffen").

## Colors

[European Parliament and Council Directive
94/36/EC](http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg-EN&numdoc=31994L0036&model=guichett)
on colors controls their use in foodstuffs and includes:

Annex I: list of permitted food colors. Only substances listed in this
annex may be used.

Annex II: foodstuffs which may not contain added colors.

Annex III: foodstuffs to which only certain permitted colors may be
added.

Annex IV: colors permitted for certain uses only.

Annex V: colors generally permitted.

Please contact our office for specific information on authorized colors
as the annexes to this directive are not complete on the web
("Warenwetregeling Gebruik van Kleurstoffen in Levensmiddelen").

## Miscellaneous Additives

[European Parliament and Council Directive
95/2/EC](http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg-EN&numdoc=31995L0002&model=guichett),
as amended ([consolidated
text](http://europa.eu.int/eur-lex/en/consleg/pdf/1995/en_1995L0002_do_001.pdf)),
outlines regulations on so-called miscellaneous additives directive on
food additives other than colors and sweeteners.

[Annex I: list of food additives permitted for use in
foodstuffs](http://www.useu.be/agri/additives/add-annex1.pdf) (excl.
those listed in Annex II)\
[Annex II: list of foodstuffs in which only a limited number of
additives of Annex I may be
used](http://www.useu.be/agri/additives/add-annex2.pdf)\
[Annex III: list of conditionally permitted preservatives and
antioxidants](http://www.useu.be/agri/additives/add-annex3.pdf)\
[Annex IV: list of other permitted
additives](http://www.useu.be/agri/additives/add-annex4.pdf)\
[Annex V: list of permitted carriers and carrier
solvents](http://www.useu.be/agri/additives/add-annex5.pdf)\
[Annex VI: list of additives permitted in foods for infants and young
children](http://www.useu.be/agri/additives/add-annex6.pdf)

Labeling requirements for additives and flavorings are laid down in
directive 2001/13/EC (general labeling directive), regulation 50/2000/EC
(GM additives) and directive 89/107/EEC ("Warenwetregeling Gebruik van
Additieven met Uitzondering van Kleurstoffen en Zoetstoffen in
Levensmiddelen").

## Flavorings

In an initial step to harmonize the use of flavorings in the EU, the
European Commission has compiled a register of all flavoring substances
authorized in the different EU member states. Substances which are
subject to restrictive or prohibitive measures in certain member states
have been marked.  The register can be downloaded from the Internet in
[pdf-format](http://europa.eu.int/comm/food/fs/sfp/addit_flavor/flav17_en.pdf)
or in
[xls-format](http://europa.eu.int/comm/food/fs/sfp/addit_flavor/flavourings/flavor_en.html)
("Warenwetbesluit Aroma's").

# Section V Pesticides and other Contaminants

## Pesticides

A first step to harmonize EU legislation on pesticides was made by the
introduction of Council Directive 76/895/EC. The Maximum Residue Levels
( MRL) set in this directive were trading, rather than health,
standards. If the levels set in the directive were observed, free
movement of the products was guaranteed throughout the Community
although Member States could authorize [higher]{.underline} levels.
Trading standards remain in force for only a limited number of
compounds. Most chemicals that were originally listed in this directive
have been reviewed and true MRL's, reflecting health concerns, have been
established. These MRLs can be found in the following directives:

[Council Directive
86/362/EEC](http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg-EN&numdoc=31986L0362&model=guichett),
as amended, establishes MRLs for pesticides in cereals and cereal
products.

[Council Directive
86/363/EEC](http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg-EN&numdoc=31986L0363&model=guichett),
as amended, establishes MRLs for pesticides in products of animal
origin.

[Council Directive
90/642/EEC](http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg-EN&numdoc=31990L0642&model=guichett),
as amended, establishes MRLs for pesticides in products of plant origin,
including fruits and vegetables.

Compounds for which there is no trading standard or a harmonized MRL
remain subject to Member State legislation. If there is no EC
legislation in place but there is a national MRL for a specific
pesticide/commodity combination in the importing Member State and the
product being imported into that country conforms with it, then the
product can be marketed in that country. When the importer wishes to
market the product in other Community Member States, it might face
problems. If the importing country wishes to transship this product to
another Member State that has higher pesticide/commodity standards,
further research may be necessary.

http://www.useu.be/agri/pesticides.html / ("Regeling residuen van
bestrijdingsmiddelen")

## Other Contaminants

EU harmonized levels are in force for nitrates in lettuce and spinach
and for aflatoxin in peanuts, nuts, dried fruits, cereals and milk. As
of April 5, 2002, EU wide maximum levels also apply for lead, cadmium,
mercury and for 3-monochloropropane-1,2-diol (3-MCPD) in a wide range of
food products, for aflatoxin in spices and for ochratoxin A in cereals
and dried vine fruits. Maximum dioxin levels have been established for
products of animal origin and vegetable oils. The maximum levels for all
of these contaminants are available in the annex to [Commission
Regulation 466/2001, amended by Commission
Regulations](http://europa.eu.int/cgi-bin/eur-lex/udl.pl?REQUEST=Seek-Deliver&COLLECTION=oj&SERVICE=all&LANGUAGE=en&DOCID=2001l077p1)
[2375/2001](http://europa.eu.int/cgi-bin/eur-lex/udl.pl?REQUEST=Seek-Deliver&COLLECTION=oj&SERVICE=all&LANGUAGE=en&DOCID=2001l321p1),
[221/2002](http://www.useu.be/agri/221-2002.pdf),
[257/2002](http://www.useu.be/agri/257-2002.pdf),
[472/2002](http://www.useu.be/agri/472-2002.pdf) and
[563/2002](http://www.useu.be/agri/563-2002.pdf).

Instructions for sampling for aflatoxins are published in [Commission
Directive
98/53/EC](http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg-EN&numdoc=31998L0053&model=guichett).
Sampling methods for aflaxtoxin in spices, to be applied from February
28, 2003 onwards, were added in [Commission Directive
2002/27/EC](http://www.useu.be/agri/2002-27.pdf). All EU member states
should have applied the harmonized sampling plan for lead, cadmium,
mercury and 3-MCPD by April 5, 2002 [(Commission Directive 2001/22/EC -
corrected by 2001/873/EC)](http://www.useu.be/agri/2001-22.pdf). The
[sampling plans for ochratoxin A](http://www.useu.be/agri/2002-26.pdf)
and
[dioxins](http://europa.eu.int/eur-lex/pri/en/oj/dat/2002/l_209/l_20920020806en00050014.pdf)
should have been applied by February 28, 2003.

# Section VI Other Regulations and Requirements

## Certification of Animal Products

The European Community is in the process of harmonizing legislation on
imports of animal products. This is a three-layer process that starts
with the recognition of a country to export a certain animal product.
The U.S. is recognized by the EU for nearly all animal products.

In a second stage, lists of EU approved establishments are drawn up in
recognized countries. Various U.S. agencies, including FSIS, APHIS, AMS,
and FDA are involved in the listing process. Depending on the commodity,
establishments are subject to EU inspections prior to listing and/or to
occasional EU audits after listing. The following products have to be
sourced from [EU approved establishments: meat products, red meat, wild
game meat, farmed game meat, ratites, milk & milk products, animal
casings, gelatin, bovine embryos, bovine semen, porcine semen, equine
semen and seafood](http://www.useu.be/agri/estab.html).

At this time there are only three U.S. facilities approved to export
meat to the EU. The market for these and many derived products is
essentially closed to U.S. exporters.

The third level is the requirement that all shipments be accompanied by
animal health and/or public health certificates signed by U.S. officials
to guarantee that individual lots or shipments of products meet
Community requirements.

http://www.useu.be/agri/certification.html

For other products the Community has not yet completed \"harmonization\"
of import requirements. In these cases import regulations are still
under the control of the individual Member States.

For import requirements of animal products which are not harmonized
please contact our FAS office in The Hague.

## Processed Foods with Animal Products

Do processed foods containing animal product ingredients need
certification?

Plain animal products imported into the EU need [animal or public health
certification](http://www.useu.be/agri/certification.html). For
processed foods containing animal product, the situation is more
complicated because there is no legislation specifying the percentage of
dairy, egg, red meat or poultry meat that a foodstuff must contain to
necessitate certification. However, the specific EU legislation
applicable to the animal product in question contains certain provisions
on certification. A summary of the Commission's position on foodstuffs
containing animal products can be found on
http://www.useu.be/agri/foodcertif.html

## Other Processed Foods

Documentation requirements and import regulations for other processed
food products will depend on ingredients. In general, Council Directive
93/43/EEC laying down the rules of hygiene for foodstuffs further
supplements Council Directive 89/397/EEC. These rules, as set out in the
annex, must be observed at the time of preparation, processing,
manufacturing, packaging, storing, transportation, distribution,
handling and offering for sale and supply of foodstuffs. Food businesses
are required to use the HACCP system to ensure the safety of foodstuffs
(<http://www.useu.be/agri/hygiene.html>)

Some food products, including cocoa and chocolate, coffee and chicory
extracts, sugars, honey, fruit juices and similar products, fruit jam,
jellies and marmalades, are subject to \"vertical legislation". For
these food categories, more information is available at
www.useu.be/agri/vertic.html.

## Plant Products 

Phytosanitary certificates, issued by APHIS, have to accompany fruit,
vegetable and nut shipments to the EU.

For more information, please contact:

[ANIMAL AND PLANT HEALTH INSPECTION SERVICE
(APHIS)](http://www.aphis.usda.gov/ppq/)\
PPQ\
Export Certification Unit Port Operations Staff\
4700 River Road Unit 140\
Riverdale MD 20737-1236\
Phone:  (301)-734-8453\
Fax:  (301)-734-5786

## EUREPGAP

At a EUREPGAP global conference in September, certain European retailers
(predominantly British and Dutch) said that they will request EUREPGAP
certification from all their suppliers of fresh fruits and vegetables
starting on January 1, 2004. A new EUREPGAP protocol for fresh produce
was also unveiled. For more information see [GAIN report
E23187](http://www.fas.usda.gov/scriptsw/attacherep/gain_display_report.asp?Rep_ID=145986324)
(October 2003).

# Section VII Other Specific Standards

## Novel Foods

The [Novel Food Regulation (European Parliament and Council Regulation
258/97)](http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg-EN&numdoc=31997R0258&model=guichett)
lays down detailed rules for the authorization of novel foods and novel
food ingredients.  It defines novel foods as foods and food ingredients
that were not used to a significant degree in the EU before May 15,
1997, which fall into the following specific categories of foods:

  --- -------------------------------------------------------------------
     containing or consisting of biotech products or (\*),

     produced from but not containing biotech products (\*),

     with a new intentionally modified primary molecular structure, or

     consisting of or isolated from plants or animals, except for foods
      and food ingredients obtained by traditional propagation or
      breeding practices with a history of safe use, or

     to which a production process not currently used has been applied,
      where that process changes the composition or structure of the food
      or food ingredient significantly.
  --- -------------------------------------------------------------------

[http://www.useu.be/agri/novelfood.html](http://www.useu.be/agri/novelfood.html /)
("Warenwetbesluit Nieuwe Voedingsmiddelen").

## Dietetic/Health Foods

[Council Directive
89/398/EEC](http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg-EN&numdoc=31989L0398&model=guichett)
is a framework directive laying down rules for foodstuffs intended for
particular nutritional uses. Foodstuffs for particular nutritional uses
are foodstuffs which, due to their special composition or manufacturing
process, can clearly be distinguished from foodstuffs for normal
consumption.

[Commission Directive 2001/15/EC](http://www.useu.be/agri/2001-15.pdf)
lists the chemical substances in each category of nutritional substances
(vitamins, minerals and amino acids) that may be added for specific
nutritional purposes in foodstuffs.
http://www.useu.be/agri/partnutr.html ("Warenwetbesluit Producten voor
Bijzondere Voiding).

## Organic Foods

[Council Regulation
2092/91](http://europa.eu.int/eur-lex/en/consleg/main/1991/en_1991R2092_index.html)
(consolidated text - last updated 1/23/2003) on organic products covers
the following requirements and definitions: (1) production and
processing methods, (2) labeling and marketing, (3) inspection and (4)
imports from third countries. It was supplemented by [Regulation
1804/99](http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg-EN&numdoc=31999R1804&model=guichett)
to include livestock production.  The term \"organic\" may only be used
for product conforming to these regulations.  The translation of the
term \"organic\" in the 11 official EU languages can be found under
article 2 of regulation 2092/91. http://www.useu.be/agri/organic.html
("Landbouwkwaliteitsbesluit Biologische Productiemethode").

While organic standards have been set at the EU level, implementation
and enforcement of the regulation is the responsibility of the
individual member states
([LASER](http://www.minlnv.nl/lnv/index04.html)). This member state
responsibility also extends to imports of organic products. In order to
import U.S. organic products, EU importers must work through their
designated member state authority to obtain an import authorization.
These authorizations are granted on a case-by-case basis, subject to the
member state\'s review of two main elements:

\* The organic standards and inspection measures applied by the
certifier of the product; and\
\* The certifier\'s compliance with EN 45011 or ISO Guide 65

http://www.useu.be/agri/organic.html

# Section VIII Copyright and/or Trademark Laws

## Copyright

The Netherlands and the U.S. are both members of the Universal Copyright
Convention of Geneva. As a consequence, works by U.S. authors,
copyrighted in the U.S., are also protected in the Netherlands.

## Trademarks

Trademark registration in the Netherlands is based on Benelux
legislation. Registration can be obtained for all 3 Benelux countries
(Belgium, Netherlands and Luxembourg) through one process. Applications
for trademark registration in the Benelux can be sent to:

Benelux Merkenbureau (Benelux Trademark Office)

Bordewijklaan 15

2591 XR The Hague, The Netherlands

phone +31 70 349 1111.

In the Benelux countries, an international trademark can also be
registered, as regulated by the Treaty of Madrid. This trademark offers
protection in nine EU countries that have signed the convention.

Since 1996, it has been possible to register Community trademarks in the
European Union. The Community trademark was created by Council
Regulation 40/94 and implemented by Commission Regulation 2868/95. This
regulation creates a single, unified registration system covering the
whole Community territory. An application for a Community trademark is
filed either directly at the Harmonization Office or at a national
industrial property office in a member state of the European Union.

Office for Harmonization in the Internal Market

Avenida de Aguilera, 20

03080 Alicante

Spain

Tel. (34-96) 513 93 33

http://www.useu.be/agri/commu.html

# Section IX Import Procedures

Council Regulation 2913/92 establishes the Community Customs Code. The
Code lists all the customs procedures applicable to the trade in goods
with third countries. Import duties are determined by the tariff
classification of goods and by the customs value. With the
implementation of the Code, the 15 member states of the European Union
form a customs union, meaning that all member states apply the same
tariff on goods imported from outside the EU. Once an imported good is
cleared in one member state, it can move freely throughout the EU. (See
<http://www.useu.be/agri/import.html> and
http://www.useu.be/agri/customs.html )

The EU uses the Combined Nomenclature (CN) for the customs
classification of goods. The CN eight digit code numbers are based on
the Harmonized System (HS) nomenclature: the first six digits refer to
the HS headings, the two following digits represent the CN subheadings.
The EU's on-line customs database can be consulted to look up commodity
codes and relevant import duties:
<http://europa.eu.int/comm/taxation_customs/dds/en/tarhome.htm> It is
also possible to obtain Binding Tariff Information (BTI) from a member
state's customs authority to get the proper product classification.
Through this system, traders know in advance the tariff classification
of the goods they intend to import. BTI is legally binding in all the
member states. A list of customs authorities can be found on the
Internet at
<http://europa.eu.int/comm/taxation_customs/databases/bti/EN.pdf> The
customs value of a good is the CIF price at the European border derived
from the product price found on the invoice and the transportation costs
reflected in the airway bill or the bill of lading.

Goods are only released after payment of the import duty and other taxes
that may be due. Duties payable on goods imported into the EU may
include:

  --- -------------------------------------------------------------------
     import duty (expressed as ad valorem tariffs or specific tariffs
      per unit weight/volume/number of pieces).

     additional duties on flour and sugar (processed products).

     entry price (fruit and vegetables).

     environmental taxes - not harmonized.

     inspection fees - not harmonized.

     Value Added Tax (VAT) - not harmonized.

     excise duties (alcohol and tobacco) - not harmonized.
  --- -------------------------------------------------------------------

A list of VAT rates applicable in the different member states can be
found on the Internet at

<http://europa.eu.int/comm/taxation_customs/publications/info_doc/taxation/tva/taux_tva-2002-5-1en.pdf>
.

A list of excise duties applicable on alcoholic beverages and tobacco
can be found at

<http://europa.eu.int/comm/taxation_customs/publications/info_doc/taxation/c4_excise_tables.pdf>

## Customs Clearance

Dutch importers customarily handle all import procedures. Goods can only
be cleared if the required shipping documents are available and relevant
costs (customer duty, taxes) are paid. Clearance is carried out by the
Dutch customs. Some US products may require import licenses or health
certificates, as outlined in Section VI. In harbors, airports and major
cities sufficient warehouse facilities are present for customs storage.
Dutch retailers and food service companies generally buy non-EU products
through importers. They have experience in their product/market
combination, which enables them to clear customs quickly. More info on
customs offices can be obtained at
<http://www.belastingdienst.nl/9229237/v/index.htm>.

The entire customs clearance procedure is rapid, provided the U.S.
exporter has furnished all necessary documentation. Also, it is
recommended that the exporter be fully aware of the necessary shipping
documents required for their product. A full listing of these
requirements is not readily available, exporters should contact their
importer or the USDA Office of Agricultural Affairs in The Hague to
obtain this information.

**Office of Agricultural Affairs**

U.S. Embassy

Lange Voorhout 102

2514 EJ The Hague

Tel: +31-(0)70-3109299

Fax: +31-(0)70-3657681

Email: agthehague@usda.gov