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Lesson 3 of 8

The law: giving allergen information

The main rules on allergen information are in Regulation (EU) No 1169/2011, the Food Information to Consumers Regulation. In Great Britain it is kept as assimilated law (called retained EU law until the end of 2023). In Northern Ireland, EU food law continues to apply under the Windsor Framework. Each nation has its own Food Information Regulations 2014 that say how the rules are enforced:

  • England: the Food Information Regulations 2014
  • Wales: the Food Information (Wales) Regulations 2014
  • Scotland: the Food Information (Scotland) Regulations 2014
  • Northern Ireland: the Food Information Regulations (Northern Ireland) 2014

The rules have been amended since, including the changes that began on 1 October 2021 for food prepacked for direct sale (covered in the next lesson).

Two types of food

The law treats food differently depending on how it is sold.

  • Prepacked food is packed before the customer chooses it, such as crisps or a packet of biscuits. It must carry a label with a full ingredients list, with the allergens emphasised (for example in bold).
  • Non-prepacked (loose) food is sold without packaging, or packed at the customer's request. Examples are restaurant and café meals, takeaways, bakery and deli counters, canteen meals and food in pubs.

The rule for loose food

For non-prepacked food, a business must give information about the presence of any of the 14 allergens used as ingredients (or processing aids). The information must be accurate, easy to find, and easy to understand. It can be:

  • in writing, for example on the menu, a chart or a chalkboard; or
  • given by staff, as long as a clear sign, menu note or label tells customers they can ask staff for it. Staff then need an accurate record to check, so their answers are always the same and correct.

The FSA's best-practice guidance recommends written information backed up by a conversation (lesson 7).

Ordering by phone, online or delivery

When food is sold at a distance, the customer must be able to get allergen information:

  • before the purchase is completed, and
  • when the food is delivered.

The information must be free to the customer. For delivery, it is usual to put it with the food, for example on a sticker, a leaflet or the delivery note.

The duty is on the business

The law places the duty on the food business operator. A business cannot avoid it by saying "ask the chef" if the chef has no reliable record. Nor can staff guess. A wrong or missing answer can be an offence.

Enforcement

  • Local authority officers (environmental health or trading standards) check allergen information and procedures.
  • Where a business fails, they can give advice, serve an improvement notice (a formal notice to put things right within a set time), or prosecute.
  • The FSA's technical guidance says that failing to meet the allergen requirements of the Food Information Regulations is a criminal offence. A business can be prosecuted, and magistrates can impose a potentially unlimited fine.
  • If a customer is harmed, other law can also apply, including health and safety and general food safety law, and more serious charges where a death occurs.

Key points

  • FIC (Regulation 1169/2011) names the 14 allergens; each nation's Food Information Regulations 2014 enforce it.
  • Loose food: allergen information in writing or by staff, with a sign telling customers to ask.
  • Distance selling: information before ordering and at delivery.
  • The duty belongs to the business; wrong or missing information can lead to prosecution and an unlimited fine.

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