Other Products: Honey

 1 Introduction

The honey Directive 2001/110/EC establishes common rules throughout the EU which govern the composition and definition of honey. In addition, provision is made for different types of product to be marketed under reserved descriptions and specific rules concern labelling, presentation and information on origin.

The 2001 Directive is implemented by the Honey (England) Regulations 2003¹ which set out the specifications with which a product must comply in order to be described as ‘honey’ and provide additional labelling requirements for these products. The 2003 Regulations define ‘honey’ to mean:

… the natural sweet substance produced by Apis mellifera bees from the nectar of plants or from secretions of living parts of plants or excretions of plant-sucking insects on the living parts of plants which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in honeycombs to ripen and mature.²

The Food Standards Agency has issued informal, non-statutory guidance contained in The Honey Regulations 2003: Guidance Notes³ to assist those concerned in the production and marketing of honey.

 

2 Reserved Descriptions and Labelling

2.1 Reserved Descriptions

The 2003 Regulations apply to a ‘specified honey product’ which are those foods covered by a reserved description,⁴ and which contain no added ingredients. The reserved descriptions for specified honey products relate to:

• The source from which the honey is obtained.

• The processes by which the honey is extracted.

• The way in which the honey is presented to the consumer.

The reserved descriptions are set out in the table below.

Reserved Description	Specified Honey Product
1. Blossom honey or nectar honey	Honey obtained from the nectar of plants.
2. Honeydew honey	Honey obtained mainly from excretions of plant sucking insects (Hemiptera) on the living part of plants or secretions of living parts of plants
3. Comb honey	Honey stored by bees in the cells of freshly built broodless combs or thin comb foundation sheets made solely of beeswax and sold in sealed whole combs or sections of such combs.
4. Chunk honey or cut comb in honey	Honey which contains one or more pieces of comb honey.
5. Drained honey	Honey obtained by draining de-capped broodless combs.
6. Extracted honey	Honey obtained by centrifuging de-capped broodless combs.
7. Pressed honey	Honey obtained by pressing broodless combs with or without the application of moderate heat not exceeding 45°C.
8. Filtered honey	Honey obtained by removing foreign inorganic or organic matters in such a way as to result in the significant removal of pollen.
9. Baker’s honey	Honey which is suitable for industrial uses or as an ingredient in other foodstuffs which are then processed and may have a foreign taste or odour, have begun to ferment or have fermented, or have been overheated.

The description ‘honey’ may be used for blossom honey or nectar honey, honeydew honey, drained honey, extracted honey or pressed honey.⁵

Where baker’s honey is used as an ingredient in a compound foodstuff, the reserved description ‘honey’ may be used in the product name of that compound foodstuff.⁶

Except in the case of filtered honey and baker’s honey a specified honey product may additionally be described by:

1. Its floral or vegetable origin, if the product comes wholly or mainly from the indicated source and possesses the organoleptic, physico-chemical and microscopic characteristics of the source.

2. Its regional, territorial or topographical origin, if the product comes entirely from the indicated source.

3. Its specific quality criteria.⁷

A food may be considered a ‘specified honey product’ only if, in addition to meeting the relevant specification, it has not had any other ingredient added to it. The specifications are made in respect of the following criteria:

• Sugar content (including content of sucrose, fructose and glucose).

• Moisture content.

• Water-insoluble content.

• Electrical conductivity.

• Free acid.

• Diastase activity and hydroxymethylfurfural (HMF) content.

The relevant specifications are set out in the table below.

1. Sugar content Fructose and glucose content (sum of both) Blossom honey Honeydew honey, blends of honeydew honey with blossom honey   Sucrose content In general False acacia (Robinia pseudoacacia), alfalfa (Medicago sativa), Menzies Banksia (Banksia menziesii), French honeysuckle (Hedysarum), red gum (Eucalyptus camaldulensis), leatherwood (Eucryphia lucida, Eucryphia milliganii), Citrus spp. Lavender (Lavandula spp.), borage (Borago officinalis)	Not less than 60g/100g Not less than 45g/100g       Not more than 5g/100g Not more than 10g/100g       Not more than 15g/100g
2. Moisture content In general Heather (Calluna) and baker’s honey in general Baker’s honey from heather (Calluna)	Not more than 20% Not more than 23%   Not more than 25%
3. Water-insoluble content In general Pressed honey	Not more than 0.1 g/100g Not more than 0.5 g/100 g
4. Electrical conductivity Honey not listed below and blends of these honeys Honeydew and chestnut honey and blends of these except with those listed below Exceptions: strawberry tree (Arbutus unedo), bell heather (Erica), eucalyptus, lime (Tiliaspp.), ling heather (Calluna vulgaris), manuka or jelly bush (Leptospermum), tea tree (Melaleuca spp.)	Not more than 0.8 mS/cm   Not less than 0.8 mS/cm
5. Free acid In general   Baker’s honey	Not more than 50 milli-equivalents acid per 1000 grammes Not more than 80 milli-equivalents acid per 1000 grammes
6. Diastase activity and hydroxymethylfurfural (HMF)* content determined after processing and blending (a) Diastase activity (Schade scale) In general, except baker’s honey Honeys with low natural enzyme content (e.g. citrus honeys) and an HMF content of not more than 15 mg/kg (b) HMF In general, except baker’s honey Honeys of declared origin from regions with tropical climate and blends of these honeys	Not less than 8 Not less than 3     Not more than 40 mg/kg (subject to the provisions of (a), second indent) Not more than 80 mg/kg

*Hydroxymethylfurfural (HMF) is a sugar breakdown product and is used as an indicator of honey quality since it increases with temperature and storage time.

When placed on the market as honey or used in any product intended for human consumption, honey must not:

1. Except in the case of baker’s honey, have any foreign tastes or odours, have begun to ferment or have fermented, or have been heated in such a way that the natural enzymes have been either destroyed or significantly inactivated.

2. Have an artificially changed acidity.⁸

No pollen or constituent particular to honey may be removed except where this is unavoidable in the removal of foreign inorganic or organic matter.⁹

A food offered for sale to the ultimate consumer or a catering establishment may not be described using one of the reserved descriptions unless it meets the relevant specification. In addition, in order to maintain the purity of honey, there must not have been added to it any other ingredient and it must, as far as possible, be free from organic or inorganic matters foreign to its composition.¹⁰

The reserved descriptions are names prescribed by law for the purposes of regulation 6(1) of The Food Labelling Regulations 1996¹¹ which means that the name under which a specified honey product is sold must be (or include) a reserved description. The FSA guidance provides:

The reserved descriptions may also be used in the name of a food in the following circumstances:

1. where it is clear that the specified honey product to which the reserved description relates is only an ingredient of the food. (e.g., “honey cake”, “honey roast ham”, “honey and bran muffin”)

2. where it is clear that the food is not, and does not contain, the specified honey product to which the reserved description relates. (e.g., “honey substitute”)¹²

 

2.2 Methods of Analysis

The 2003 Regulations do not specify any particular method which is required for the analysis to ensure compliance with the relevant specification. The FSA guidance states that any appropriate internationally recognised and validated method may be used to ensure honey meets one of the specifications necessary to be labelled with the appropriate reserved description.¹³

The acceptable methods of analysis include those cited in the Codex Standard for Honey¹⁴ and Apidologie,¹⁵ the leading journal devoted to bee science.

 

2.3 Labelling

Honey is subject to the general provisions of The Food Labelling Regulations 1996. The 2003 Regulations restrict the sale of a specified honey product in five situations.

Firstly, no person may sell to the ultimate consumer or a catering establishment any food with a label, whether or not attached to the container, which includes any reserved description or any derivative or substantially similar word or description unless:

1. The food is the specified honey product to which the reserved description relates.

2. The description, derivative or word is used in a context which explicitly or by clear implication makes clear that it is only an ingredient of the food.

3. The description, derivative or word is used in a context which explicitly or by clear implication makes clear that the food is not and does not contain a specified honey product.¹⁶

Secondly, no person may sell to the ultimate consumer or to a catering establishment any specified honey product unless it is marked or labelled with the following particulars:

1. A reserved description of the product.

2. In the case of baker’s honey the words “intended for cooking only” in close proximity to the product name.

3. The country or countries of origin where the honey has been harvested save that if the honey originates in more than one Member State or third country the country of origin may be replaced with ‘blend of EC honeys’, ‘blend of non-EC honeys’, ‘blend of EC and non-EC honeys’ as may be appropriate.¹⁷

The FSA guidance states that:

The Regulations (and the Directive) do not define “country”. It is the Agency’s view that “country” could represent the UK (i.e. the Member State), or the individual country (for example ‘England’, ‘Scotland’, or ‘Wales’ etc.) where the honey was harvested. Similarly, the Regulations do not lay down a precise form of words that must be used for declaring the individual country (or countries) of origin of honey. So, statements such as ‘produce of England’, ‘UK honey’ or ‘made from honey harvested in the UK’, or similar forms of words provided they are not misleading, would all be acceptable.¹⁸

Thirdly, no person may sell to the ultimate consumer or to a catering establishment any filtered honey or baker’s honey marked or labelled with information relating to floral or vegetable origin, regional, territorial or topographical origin or specific quality criteria.¹⁹

Fourthly, where the reserved description ‘honey’ has been used in the product name of a compound foodstuff containing baker’s honey,²⁰ no person may sell the compound foodstuff unless the list of ingredients includes the term ‘baker’s honey’.²¹

Finally, no person may sell any filtered honey or baker’s honey in bulk containers or packs unless the bulk containers and packs are labelled with their respective reserved description of the product and any trade documents, all those relating to the sale, transportation, storage or delivery of the product, clearly indicate the reserved description of the product.²²

It is an offence to contravene these restrictions and any person found guilty is liable on summary conviction to a fine not exceeding level 5 on the standard scale.²³

The provisions of The Food Labelling Regulations 1996 apply²⁴ so far as the manner of marking or labelling of the particulars required by the 2003 Regulations are concerned.

In any proceedings in connection with an offence under the 2003 Regulations, the provisions of the Food Safety Act 1990 which apply in relation to offences under the 1990 Act apply to those under the 2003 Regulations, in particular:

1. Section 2 concerning the extended meaning of sale etc.

2. Section 3 concerning presumptions that food is intended for human consumption.

3. Section 20 concerning offences due to fault of another person.

4. Section 21 concerning the defence of due diligence as it applies for the purposes of section 8, 14 or 15 of the 1990 Act.

 

3 Voluntary Labelling

The British Honey Importers and Packers Association (BHIPA) adhere to a voluntary labelling code, the Honey Association Code of Practice for the Importation, Blending, Packaging and Marketing of Honey, under which all honey on retail sale includes a warning statement:

In accordance with the honey association voluntary code of practice on infant botulism, the label should contain the following statement:

“Unsuitable for children under 12 months”²⁵

The FSA supports this as a precautionary measure against possible infant botulism which could potentially arise from the presence of Clostridium botulinum spores in honey. This measure does not apply to baby or weaning foods which may contain honey as an ingredient, where the heat treatment applied is considered sufficient to destroy the presence of any spores which may have been present.

 

4 Proposals to Amend the Honey Directive

In 2011 the European Court of Justice ruled in the case of Karl Heinz Bablok and Others v Freistaat Bayern²⁶ that pollen was an ingredient of honey. The following year the European Commission announced that it would bring forward proposals to amend the honey Directive 2001/110/EC so that pollen becomes a ‘constituent’ of honey. The position, at the time of writing, is that these proposals are yet to be implemented. Once the Directive has been amended, further domestic regulations will be required to give effect to the amendment.

A fuller account of the case which led to this proposed change can be found on the Artisan Food Law Blog.