Do I need a nutrition label? Small-producer exemption explained (EU, UK, US)
Short answer: Most prepacked food sold in the EU, UK or US needs a nutrition label. Small producers are often exempt: in the EU and UK, Annex V point 19 of Regulation 1169/2011 covers small quantities supplied directly to consumers or local shops. Exemptions end if you make a nutrition or health claim, and allergens must always be declared.
By the Free Nutrition Label team · Last reviewed: · Not legal advice.
Before you print anything, find out whether the law actually requires a nutrition declaration for your product. Many home bakers, jam makers and market stall holders are exempt – but the exemption has conditions, and it never covers allergens.
EU: Regulation (EU) No 1169/2011
Article 9 makes the nutrition declaration mandatory for prepacked food. Annex V lists foods that are exempt, including:
- unprocessed products that comprise a single ingredient or category of ingredients (e.g. fresh fruit and vegetables);
- water, herbs, spices, salt, tea and coffee infusions without added ingredients;
- food in packaging whose largest surface is under 25 cm²;
- point 19: food, including handcrafted food, directly supplied by the manufacturer of small quantities of products to the final consumer or to local retail establishments directly supplying the final consumer.
The regulation does not define "small quantities" or "local". The European Commission's Q&A and national authorities fill the gap differently: some refer to the turnover or size of the business, some to a radius around the producer, often the same region or a fixed number of kilometres. Ask your local food control office (e.g. the Lebensmittelüberwachung in Germany, DDPP in France, DSV/ANSVSA in Romania) before relying on it.
Quick check
- Is the food prepacked? If not, no nutrition declaration is needed (allergens still are).
- Is it in the Annex V list? If yes, exempt.
- Do you make a nutrition or health claim (e.g. "high protein", "low sugar")? Then a declaration is mandatory whatever your size.
- Are you a micro business (see the UK reading below) selling directly to consumers or to local shops? Then you are likely exempt.
- Do you sell through a distributor or to supermarkets outside your area? Then point 19 most likely does not apply.
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UK (Great Britain)
The retained version of Regulation 1169/2011 applies in Great Britain with the same Annex V exemptions; Northern Ireland follows EU rules. The Food Standards Agency's technical guidance is the most concrete official reading of point 19 and is often used as a reference elsewhere:
- "Small quantities" means a micro business: fewer than 10 employees and an annual turnover or balance sheet total of no more than €2 million (£1.4 million).
- "Local" means your own county plus the neighbouring counties, or up to 30 miles (50 km) from the boundary of your county.
- Direct supply to the final consumer includes internet sales.
Some products are outside these nutrition labelling rules altogether: food supplements, natural mineral waters, and drinks with more than 1.2 % alcohol by volume.
United States
21 CFR 101.9(j) contains the small-business exemptions: (j)(1) for retailers with low annual sales, and (j)(18) for low-volume products, for businesses with fewer than 100 full-time equivalent employees selling fewer than 100,000 units of the product a year; an annual notice to FDA is required, except for businesses with fewer than 10 full-time equivalent employees selling fewer than 10,000 units. Foods sold at the point of preparation, such as bakery items sold where they are made, are also exempt under (j)(3). All exemptions disappear if you make a nutrient content or health claim.
Important: claims cancel the exemption
If you make a nutrition or health claim (for example "high protein" or "low sugar"), a nutrition declaration is required even if you would otherwise be exempt.
Even when exempt, consider a label
Shops, cafés and online marketplaces often ask for a nutrition table anyway, and customers expect one. A calculated label from recipe data is acceptable in the EU (Article 31(4)) and in the US (with reasonable accuracy).
General information, not legal advice. Check with your local food authority.
Sources
- European Commission – Nutrition labelling
- Regulation (EU) No 1169/2011 (EUR-Lex)
- FSA – Nutrition labelling technical guidance (PDF)
- FSA – Q&A on the nutrition requirements of Regulation 1169/2011 (PDF)
- 21 CFR 101.9 (eCFR)
FAQ
Do small producers need a nutrition label in the EU?
Not always. Annex V point 19 of Regulation (EU) No 1169/2011 exempts foods, including handcrafted foods, supplied directly by the manufacturer in small quantities to the final consumer or to local retail establishments directly supplying the final consumer. Member states interpret 'small quantities' and 'local' differently, so check with your local food authority.
Do I need a label if I sell at a farmers' market?
Food that is not prepacked (sold loose or packed at the consumer's request) does not need a nutrition declaration under EU rules, though allergen information must still be available.
Is there a US small business exemption?
Yes. Under 21 CFR 101.9(j)(1) retailers with annual gross sales of not more than $500,000 (or food sales of not more than $50,000) are exempt, and 21 CFR 101.9(j)(18) has a low-volume product exemption that requires an annual notice to FDA unless the firm has fewer than 10 full-time equivalent employees. Exemptions are lost if you make nutrition or health claims.
Do I need a lab test?
No. Values can be calculated from your recipe and known average values of the ingredients (Article 31(4)); laboratory analysis is one accepted option, not a requirement.
Does selling at a farmers' market count as direct supply?
Yes. Selling at a market stall is supply to the final consumer.
What counts as a small producer in the UK?
The FSA reads 'small quantities' as a micro business: fewer than 10 employees and turnover or balance sheet total of no more than €2 million (£1.4 million), selling within its own and neighbouring counties or 30 miles (50 km) beyond its county boundary.
Do I still need to declare allergens if exempt?
Yes. Allergen information is required for prepacked and non-prepacked food in the EU and UK, and US allergen labelling under FALCPA applies regardless of the nutrition exemption.