18.2.2022
1.5.1.
EN
Official Journal of the European Union
C 78/15
Name of a foodstuff used in the production The name of a foodstuff that has been used in the production of a spirit drink in accordance with the requirements laid down in Annex I for a spirit drink category or, in case of a GI, in its technical file/product specification, may also be indicated in its presentation, description and labelling as voluntary information (15).
In fact, as we will see later (see § 2.1 below), the combination of the legal name of a spirit drink with the name of a foodstuff provided for/allowed in its production does not account as a compound term according to Article 3, point (2), which defines it as the combination of the name of a spirit drink with (among others) ‘the name of one or more foodstuffs other than foodstuffs used for the production of that spirit drink in accordance with Annex I [...]’.
The name of a foodstuff/foodstuffs used in the production of a spirit drink may be indicated to inform the consumer as to the raw material(s) conferring specific organoleptic characteristics to it, on condition that this indication is true, accurate and not misleading for the consumer.
In that case, the legal name remains the name allowed under the spirit drink category or in the technical file/product specification of a GI.
#18 - Examples of permitted indication of one or more main foodstuffs used to produce the spirit drink:
1) Distilled Hops Gin
— Distilled Rhubarb and Ginger Gin*
2) Peach Liqueur - Coffee Liqueur
— Chocolate Cream (Liqueur)**
3) Coffee Advocaat
— Egg Liqueur with Speculoos***
* According to point 21(a)(i) of Annex I, distilled gin can be produced by distilling EAAO in the presence of juniper berries and of other natural botanicals, provided that the juniper berry taste is predominant.
Therefore the names of such natural botanicals may be used to supplement the legal name ‘distilled gin’.
Other foodstuffs, not accounting as natural botanicals, such as ‘popcorn’, may not supplement the legal name ‘distilled gin’ other than under the conditions laid down for ‘compound terms’.
NB: point 20(a) of Annex I only allows the use of juniper berries as natural botanicals in the production of gin.
Therefore, the addition of other natural botanicals to a gin would have to be labelled as a compound term (i.e. the appropriate legal name shall appear in the same visual field). ** According to point 33(f) of Annex I, without prejudice to Articles 11 and 12 and Article 13(4), the legal name ‘liqueur’ may be supplemented by the name of a flavouring or foodstuff that confers the predominant flavour of the spirit drink, provided that the flavour is conferred on the spirit drink by flavouring foodstuffs, flavouring preparations and natural flavouring substances, derived from the raw material referred to in the name of the flavouring or to the foodstuff, supplemented by flavouring substances only where necessary to reinforce the flavour of that raw material.
*** According to points 39(c) and 40(c) of Annex I, Egg liqueur or Advocaat and Liqueur with egg may be produced by using - among others - flavouring foodstuffs, such as coffee and speculoos biscuits.
1.6.
Ethyl alcohol’s or distillates’ raw materials Article 13(1) provides for stricter rules in respect of agricultural raw materials used for distillation: ’The description, presentation or labelling of a spirit drink may refer to the raw materials used to produce the ethyl alcohol of agricultural origin or distillates of agricultural origin used in the production of that spirit drink only where that ethyl alcohol or those distillates have been obtained exclusively from those raw materials.
In such a case, each type of ethyl alcohol of agricultural origin or distillate of agricultural origin shall be mentioned in descending order of quantity by volume of pure alcohol.’
(15) Not however the name of raw material(s) distilled to obtain the alcohol used in the production of a spirit drink, which is rather subject to the provisions of Article 13(1) (see § 1.6 below).