Regional reference for food:
Many products on the Austrian market have voluntary information relating to ‘Austria’. Examples of this include the flag or colour red-white-red, ‘Austria’ in the name, images such as landscapes, mountains, villages, alpine pastures, animals or traditional costumes, ‘produced/processed in Austria’, ‘Austrian quality’.
In order to avoid misleading labelling, Article 26(2) of the FIR (Regulation (EU) No 1169/2011) requires the country of origin or place of provenance to be indicated if, without this information, consumers could be misled as to the actual country of origin or place of provenance of the food, in particular if the information accompanying the food or the label as a whole would otherwise give the impression that the food comes from a different country of origin or place of provenance.
Precise specifications on how to correct any misleading impression have been in force since 1 April 2020 with the Implementing Regulation No. 775/2018 for the indication of the country of origin or place of provenance of the primary ingredient of a food.
Production information such as ‘traditional’ or ‘artisanal’
In the case of industrially produced goods that bear a reference to artisanal or traditional production, it is important to check whether the Austrian Food Codex (Kodex Alimentarius) contains a description of a specific traditional recipe. Artisanal or traditional production must be specifically scrutinised if, for example, additives are included.
Claims with the reference to ‘farmers’
Such claims can establish a link between a product and a person or a farmer’s production company, the raw materials used by a farmer’s production company and/or the type of production (method) or recipe.
Information on products with a reference to farmers, which are described in some special chapters of the Austrian Food Codex, refer to traditional recipes. In the case of products from farmers‘ direct marketing, farmers’ production from their own raw materials can be expected. In all other cases, additional information must be provided to clarify what the reference to ‘farmers’ refers to.
In each individual case, aspects such as the identity of the producer and the producer/place of production, the essential and/or characteristic ingredients (recipe), the origin/source of the ingredient/s, the production process and technology (method of production) as well as the form of presentation and circumstances of sale (e.g. farmers’ market) must be taken into account with regard to the deceptiveness of such claims.
Information with reference to ‘mountain/alp/alps’
If it is not merely a fanciful designation, it may be necessary in individual cases to clarify the reference to mountains, alpine pastures or the Alps with an additional indication. Relevant aspects for the assessment are, for example, the origin or provenance of the ingredient(s), the place of processing, the manufacturing process (method of production, recipe), the type, characteristics and degree of processing of the product, the essential and/or characteristic ingredient(s) and the type of presentation.
Hemp products in Austria:
In principle, only hemp varieties with a THC content of less than 0.3% may be used for food production, i.e. those that do not fall under the Narcotic Drugs Act or the corresponding regulation. Foodstuffs containing hemp are e.g. hemp leaves (tea), hemp seeds, hemp (seed) oil, hemp (seed) flour, hemp (seed) protein, drinks (beer, lemonade).
The cultivation of hemp for fibre is regulated in the EU and in Austria under plant variety and seed law. The cultivation of the hemp varieties in question is not subject to the Narcotic Drugs Act if their THC content does not exceed 0.3 %. This allows the extraction of fibres, seeds and leaves.
The marketing of cosmetics containing cannabis and extracts made from it is not permitted.
One medicinal product containing cannabis active ingredients (‘Sativex’) is currently authorised in Austria. THC as a pure substance, also known as ‘dronabinol’, can be dispensed as a so-called magistral prescription, i.e. as an individual preparation of the medicinal product directly in the pharmacy.
CBD products in Austria:
CBD is not psychoactive, so it does not cause intoxication. Many of the effects attributed to CBD have not yet been substantiated by scientific evidence. The EU Food Safety Authority (EFSA) criticises the considerable data gaps regarding the safety of CBD. The effects of CBD on the liver, the gastrointestinal tract, the endocrine system, the nervous system and the mental well-being of humans have not been sufficiently clarified. Animal studies show significant harmful effects, particularly in B