The question of who bears responsibility for ensuring that food is labelled in compliance with the law is an issue of practical importance: Is it the manufacturer or the retailer?
In general, the "cumulation principle" applies with respect to administrative criminal law. If several administrative offences are committed, each individual violation is fined without there being an aggregated penalty.
In practice, the question often arises whether a retailer is responsible for infringements relating to the labelling of branded goods. Article 8 of the Food Information Regulation (Regulation (EU) No 1169/2011, "FIR") provides an answer to this question.
Clients often enquire whether an administrative penalty can be imposed once only or per product in connection with the placing on the market of products. Answering this question (which is rarely relevant in practice) is difficult and depends on the circumstances.