Wine Law

13 and also to foodstuffs intended for supply to restaurants, hospitals, canteens and other similar mass caterers (hereinafter referred to as “ mass caterers ”). For the purpose of the Directive, (a) “ labelling ” shall mean any words, particulars, trademarks, brand name, pictorial matter or symbol related to foodstuff and placed on any packaging, document, notice, label, ring or collar accompanying or referring to such foodstuff; (b) “ pre- packaged foodstuff ” shall mean any single item for presentation as such to the end- consumer and mass caterers, consisting of foodstuff and the packaging into which it was put before being offered for sale, whether such packaging encloses the foodstuff completely or only partially, but in such a way that the contents cannot be altered without opening or changing the packaging. The labelling and methods used must not be such as could mislead the purchaser to a material degree, especially as to the characteristics of the foodstuff and, in particular, as to its nature, identity, properties, composition, quantity, durability, origin or provenance, method of manufacture or production. Examples of misleading may be the attribution to the foodstuff effects or properties which it does not possess or the suggestion that the foodstuff possesses special characteristics when, in fact, all similar foodstuffs possess those characteristics. 2.2. Harmonising the labelling for all wine sector products Regulation No 479/2008, which was setting out the legislative framework applicable to the production and marketing of wine products, including provisions on oenological practices, also harmonised the labelling for all wine sector products and allowed the use of terms other than those expressly covered by Community legislation, provided that they are accurate. It also provided for conditions to be laid down for the use of certain terms referring, among others, to the provenance, bottler, producer, importer and the like. For some of these terms, Community rules were necessary for the smooth functioning of the internal market. Such rules should, in general, be based on existing provisions, while, for other terms, the Member States were expected to lay down the rules for wine produced in their territory, which should be compatible with Community law, so as to allow for those rules to be adopted as close as possible to the producer in total transparency.