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Article 17 of EU 1169/2011: legal, customary and descriptive names of food

By the Menulta editorial team · Facts checked 15 October 2026 · Updated 15 October 2026

The short answer

Article 17 of Regulation (EU) No 1169/2011 says the name of a food is its legal name. If there is no legal name, it is the customary name, and if there is no customary name, a descriptive name must be given. A trade mark, brand name or fancy name cannot replace the name of the food. Annex VI adds rules on particulars that must accompany the name, such as 'defrosted', 'formed meat', imitation ingredients and added water.

The three types of name

Types of name under Article 17
TypeWhat it isExample
Legal nameA name prescribed by EU or national lawCertain names set by EU marketing standards, such as for chocolate, honey or fruit juice
Customary nameA name accepted by consumers in the Member State without further explanationNames of traditional dishes understood locally
Descriptive nameA name that describes the food clearly enough for consumers to know its true nature'Chicken and vegetable pie with puff pastry'

Brand and fancy names cannot replace the name

Article 17(4) says the name of the food must not be replaced by a name protected as intellectual property, a brand name or a fancy name. A product can be called 'Sunshine Bites' on the front, but it must also carry a name that tells consumers what it actually is. On a menu, the same logic supports adding a plain description under a creative dish name.

Annex VI: particulars that must accompany the name

Annex VI requires additional words with the name in certain situations, so consumers are not misled about the food's nature or treatment.

  • Physical condition or treatment, such as powdered, refrozen, freeze-dried, deep-frozen, concentrated or smoked, where omitting it could mislead.
  • 'Defrosted' for food frozen before sale and sold defrosted, with exceptions, for example where freezing is a technologically necessary step.
  • Irradiated food must be labelled as such.
  • Where a component or ingredient consumers expect has been replaced with a different one, the substitute must be indicated clearly near the name.
  • Meat products and meat preparations that look like a cut but are made from combined pieces: 'formed meat' or 'formed fish'.
  • Added water above 5% of the finished product weight in certain meat and fish products, and added proteins of a different animal origin.

Imitation and substitute ingredients

The Annex VI rule on substitutes addresses 'analogue' products, such as a vegetable-fat cheese substitute on a pizza or a fish-based crab substitute. Where an ingredient normally present or expected has been replaced, the substitute must be named in close proximity to the name of the food, in characters of a minimum size. This links directly to Article 7, which prohibits suggesting the presence of an ingredient that has been replaced.

Names from other Member States

Article 17(2) and (3) allow the name under which a food is legally made and marketed in one Member State to be used in another. If that name would not enable consumers in the second country to understand the food's true nature, it must be accompanied by descriptive information. In exceptional cases, where the food differs so much that the name would mislead, it cannot be used.

For restaurants serving tourists, this principle is a useful guide: keep traditional dish names, which are part of the experience, and add a clear description in the guest's language so they know what they are ordering.

What this means for menus

Restaurant food is non-prepacked, so the formal name rules apply mainly to packaged products. But the principles carry over. Dish names should not mislead, creative names need a plain description, substitutes should be stated, and 'fresh', 'homemade' or 'wild' must be accurate. A Maltese dish name such as 'stuffat tal-fenek' is a customary name locally, but most visitors need 'rabbit stew in red wine and garlic' to understand it.

Sources

This guide is general information, not medical or legal advice. Guests with an allergy should follow their doctor's advice. Operators should confirm their own setup with their food safety adviser or local authority.

Questions

Common questions

What is the legal name of a food?
A name prescribed by EU law or, where there is none, by national law applicable in the Member State where the food is sold.
Can a brand name replace the name of the food?
No. Article 17(4) says a brand, trade mark or fancy name cannot replace the name of the food.
When must food be labelled as 'defrosted'?
When it was frozen before sale and is sold defrosted, unless an exception in Annex VI applies, such as ingredients in a final product or where freezing is technologically necessary.
Do substitute ingredients have to be stated?
Yes. Where an expected ingredient has been replaced, the substitute must be indicated clearly near the name of the food.
Should menus translate traditional dish names?
Keep the traditional name but add a plain description in the guest's language so they understand what the dish is.
Can a restaurant use a creative dish name?
Yes, but add a clear description of the dish so guests understand what it is. A creative name alone can mislead about the food's nature.

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