The law says how allergen information must be given. There are different rules for prepacked food and for food served without packaging, as in a bar or restaurant.
Prepacked food
Regulation (EU) 1169/2011 requires the list of ingredients to highlight allergens in a different typeface, for example in bold. If there is no list of ingredients, the word "contains" appears followed by the allergen. These rules apply to the products you buy and then serve or resell, so reading the label is part of your job.
Non-prepacked food
In Spain, Real Decreto 126/2015 (the Spanish royal decree on non-prepacked food) governs the information for foods presented without packaging for sale to the final consumer and to mass caterers, and for foods packed by retailers at the buyer's request. This includes restaurants, bars, cafés, canteens, bakeries, butchers and fishmongers.
The main points:
- Information must be given on the substances that cause allergies and intolerances present in the food (the 14 groups in Annex II).
- The information must be available and easily accessible, clear and legible (article 6).
- The general rule is in writing: on labels attached to the food or on signs placed on or near the food.
- For allergens, other appropriate means are also accepted, such as the menu or an electronic medium, as long as the customer can consult them before the purchase is completed and at no extra charge.
- The information may be given orally only if all of these conditions are met (article 6.5): staff provide it at the customer's request and before the purchase is completed; the information is available in writing or in electronic form on the premises, within reach of staff, inspectors and customers, so that the answer is based on reliable data and not on memory; and in the sales area there is an easily visible and legible sign saying where the information is or that it can be requested from staff.
- That sign is not needed if the information already appears on labels or signs next to the food.
- Establishments that serve meals specially adapted for people with allergies or intolerances are not required to display that sign either, but the information must be available and given when the customer or the inspector asks for it.
Some details, such as the exact format of a sign, may vary according to the guidance of your autonomous community (region). Your workplace must apply its own procedure.
Practical rules
- Written information is ideal (menu, allergen sheet, QR code). An oral answer with nothing written behind it is not enough to comply with the royal decree.
- Keep the information up to date: if a recipe or a supplier changes, the sheet changes too.
- It must be accessible before the purchase or order.
- If the customer asks for information that is not on the menu, your answer must come from the sheet, not from your memory.
- Loose ("a granel") foods and catering and canteen meals must also provide information.
- For distance selling (orders by telephone, web or app), all the mandatory information must also be available at the time of delivery (article 9).
"Free from" foods
Phrases such as "gluten-free" or "lactose-free" may only be used if it truly can be guaranteed. "Suitable for coeliacs" is a serious promise: if you cannot guarantee there is no cross-contact, do not promise it.
What happens if the rules are not followed
Failing to meet food information obligations can be an offence under food safety and consumer law and can lead to penalties. More importantly, it can put a customer in danger.
Key points
- On prepacked food, the allergen is highlighted in the list of ingredients.
- For non-prepacked food, Real Decreto 126/2015 requires allergen information to be given, in writing or orally under conditions.
- Oral information must be backed by written information on the premises.
- Do not promise "free from" something if you cannot guarantee it.