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Selling soft drinks and waters in the UK

In the UK, soft drinks follow the general food labelling rules, and drinks above 150 mg/l of caffeine carry a set warning. Drinks with added sugar and at least 5 g of sugar per 100 ml pay the Soft Drinks Industry Levy. A natural mineral water needs official recognition before it is sold.

Updated · Each section links to the official source it comes from

Labelling
Assimilated Regulation (EU) No 1169/2011 in GB
High caffeine
A warning above 150 mg/l
Sugar levy
From 5 g of sugar per 100 ml, where sugar is added
Natural mineral water
Recognised before it is sold
Packaging
Extended producer responsibility

Before a product goes on sale

The questions to answer, in the order they usually come up.

  1. 1What has to be on the label, and does the caffeine warning apply? Read more
  2. 2Is the drink liable for the Soft Drinks Industry Levy? Read more
  3. 3If it is sold as natural mineral water, is it recognised? Read more
  4. 4Is the business obligated for packaging? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

Labelling and caffeine

The general food label, with the high caffeine warning.

  • The general labelling rules apply: name, ingredients with allergens, net quantity, date mark, business name and address, and nutrition information among them.
  • Drinks with more than 150 milligrams per litre of caffeine carry 'High caffeine content. Not recommended for children or pregnant or breast-feeding women'.

How we help: Compliant Always sets the label beside the particulars and the caffeine wording, with the source for each. Ask about this

Soft Drinks Industry Levy

The levy on sugary soft drinks, and who it falls on.

  • A drink is liable if sugar was added during production (or anything containing sugar, other than fruit juice, vegetable juice and milk), it has at least 5 g of sugar per 100 ml ready to drink or diluted, and it has 1.2% alcohol or less.
  • There is a lower rate for 5 g to under 8 g of sugar per 100 ml, and a higher rate for 8 g or more.
  • Producers, packagers, brand owners and importers check whether their drinks are liable before registering.

How we help: Compliant Always keeps the sugar figures from your specifications and lab reports with each drink, so the levy question is answered from the record. Ask about this

Natural mineral water

The recognition a water needs before it is sold as natural mineral water.

  • A natural mineral water needs official recognition before it can be marketed and sold.
  • It comes from an underground source tapped at a natural or drilled exit, protected from pollution, and keeps its original purity from source to bottling.
  • Recognition can take up to 2 years, starting with the local authority where the water is extracted. Its composition is stated on the label.

How we help: Compliant Always keeps the recognition, the source analyses and their dates with the product. Ask about this

Packaging

Extended producer responsibility for the packaging drinks are sold in.

  • A UK business that supplied or imported more than 25 tonnes of packaging in the previous year, with a turnover of £1 million or more, is an obligated producer.
  • Above 50 tonnes and £2 million turnover it is a large producer, with more obligations than a small producer.

How we help: Compliant Always keeps your packaging specifications and weights with each product, so the data is on hand for reporting. Ask about this

Who answers for what

WhoWhat they answer forHow we help
Brand ownerThe label, and the levy where it owns the brand of a liable drink.The label and the sugar figures kept with each drink.
Bottler or co-packerHygiene, traceability and, for mineral water, the source.Analyses and certificates kept by batch, ready for a customer's form.
ImporterThe levy on liable drinks it brings into the UK, and the address on the label.Suppliers' documents read and dated before the goods arrive.

Great Britain and Northern Ireland

In Great Britain, references to EU Regulations are read as assimilated law. In Northern Ireland, EU rules for goods continue to apply under the Windsor Framework.

Scotland has its own food body, Food Standards Scotland, and some regulations are made separately for England, Wales and Scotland.

Questions businesses ask

Does an energy drink need a warning label in the UK?
Drinks with more than 150 milligrams per litre of caffeine are labelled 'High caffeine content. Not recommended for children or pregnant or breast-feeding women'.
Which drinks are liable for the Soft Drinks Industry Levy?
Drinks with added sugar, at least 5 g of sugar per 100 ml ready to drink or diluted, and 1.2% alcohol or less. Sugar from fruit juice, vegetable juice and milk does not count as added.
What are the levy rates based on?
A lower rate applies to drinks with 5 g to under 8 g of total sugar per 100 ml, and a higher rate to drinks with 8 g or more.
Who pays the Soft Drinks Industry Levy?
Businesses that produce, package, own the brand of, or bring into the UK liable drinks. They check whether their drinks are liable before registering.
What makes a water a natural mineral water in England?
It comes from a protected underground source, keeps its original purity from source to bottling, and has official recognition before it is marketed. Recognition can take up to 2 years.
Do drinks businesses have packaging obligations?
Under extended producer responsibility, a UK business supplying or importing more than 25 tonnes of packaging a year with a turnover of £1 million or more is an obligated producer.
Do soft drinks labels need a UK address?
Prepacked food and drink sold in GB shows a UK, Channel Islands or Isle of Man address for the business, or for its importer based there.
How does Compliant Always help with selling in the UK?
Our team reads the rules for the markets you sell in, including the split between Great Britain and Northern Ireland. Compliant Always shows which apply to your product and keeps the documents behind each one ready. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

Tell us what you make, and we will show you the rules for it.

Name the product and the markets you sell in. We will come back to you with what applies in the UK and what your paperwork needs to show.

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