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Article 10 - Optional reserved terms

Article 10
Optional reserved terms

1. Without prejudice to other labelling systems that cover other types of farming and that are regulated by Union legislation, the following terms and the corresponding terms in the other official languages of the Union listed in Annex V may appear on the labelling of the products referred to in Article 2, only if the relevant conditions laid down in Annex VI are fulfilled:

((a))

‘Fed with … % …’;

((b))

‘Extensive indoor’ (‘Barn-reared’);

((c))

‘Free range’;

((d))

‘Traditional free range’;

((e))

‘Free range – total freedom’.

The terms referred to in the first subparagraph may be supplemented by indications referring to the particular characteristics of the respective types of farming. The only terms that can be used to designate products from livestock raised outdoors are those listed in the first paragraph, points (c), (d) and (e). In respect of a product other than those meeting the conditions to be labelled with the indications listed in the first paragraph, points (c), (d), or (e) no label, commercial document, publicity material or any form of advertising or any form of presentation may be used which claims, implies or suggests that the product is from livestock raised outdoors. When free-range production referred to in the first paragraph, points (c), (d) and (e), is indicated on the label for meat from ducks and geese kept for the production of foie gras, the term ‘from foie gras production’ shall also be indicated.

2. Mention of the age at slaughter or length of fattening period shall be permitted on the labelling only using the terms referred to in paragraph 1 and for an age of not less than that indicated in Annex VI, points (b), (c) or (d). However, this does not apply to products referred to in Article 2, point (1)(a)(iv).

3. Paragraphs 1 and 2 shall apply without prejudice to national technical measures going beyond the minimum requirements laid down in Annex VI, which are applicable only to producers of the Member State concerned, and provided that these national technical measures are compatible with Union law.

4. The national technical measures referred to in paragraph 3 shall be communicated to the Commission.

5. Member States may foresee the use, by food business operators, of terms other than those referred to in paragraphs 1 and 2 and set out in Annex VI, provided that:

((a))

these terms are consistent with the method according to which the product is made, and do not mislead consumers;

((b))

these terms do not create any confusion with the terms referred to in paragraphs 1 and 2;

((c))

the product specifications are documented;

((d))

appropriate checks are implemented under the scrutiny of the competent authorities of the concerned Member State.

6. Once the conditions referred to in paragraph 5 are met, Member States shall notify the Commission of these national terms before any use by food business operators. The Commission shall inform the other Member States of any notification of such terms and publish them on the Europa website.

7. At any time, and at the request of the Commission, Member States shall provide all the information necessary for assessing the compatibility with Union law of the national technical measures referred to in paragraph 3 and of the national terms referred to in paragraph 5.

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