Food Standard Agency
Allergen rules
Allergenic
ingredients must be indicated in list of ingredients with clear
reference to name of the substance or product as listed in Annex II of
the EU Food Information for Consumers Regulation No.1169/2011 and
Commission Delegated Regulation (EU) No. 78/2014 amending Annex II to
Regulation (EU) No 1169/2011. Annex II outlines the 14 allergens (and
products thereof) that must be labelled or indicated as being present in
foods and are:
* Cereals containing gluten, namely: wheat (such as spelt and khorasan wheat), rye, barley, oats
* Crustaceans for example prawns, crabs, lobster, crayfish
* Eggs
* Fish
* Peanuts
* Soybeans
* Milk (including lactose)
* Nuts; namely almonds, hazelnuts, walnuts, cashews, pecan nuts, Brazil nuts, pistachio nuts, macadamia (or Queensland) nuts
* Celery (including celeriac)
* Mustard
* Sesame
*
Sulphur dioxide/sulphites, where added and at a level above 10mg/kg or
10mg/L in the finished product. This can be used as a preservative in
dried fruit
* Lupin, which includes lupin seeds and flour and can be found in types of bread, pastries and pasta
* Molluscs like, mussels, whelks, oysters, snails and squid
The
allergenic ingredients need to be emphasised using a typeset that
clearly distinguishes it from the rest of the ingredients, for example
by means of the font, style or background colour. Food businesses can
choose what method they want to use to emphasise the 14 allergens on
their product label.
Where several ingredients or processing aids
in a food originates from a single allergenic ingredient, the labelling
should make this clear for each ingredient or processing aid concerned.
For example, skimmed milk powder, whey (milk), lactose (milk)
Where
the name of the food (such as a box of eggs or bag of peanuts) clearly
refers to the allergenic ingredients concerned, there is no need for a
separate declaration of the allergenic food
· Where foods
are offered to sale to the final consumer or to mass caterers without
packaging, or where foods are packed on the sales premises at the
consumer’s request or prepacked for direct sale, information about
allergenic ingredients is mandatory and must be provided
·
Allergen information must be provided for non-prepacked foods in
written or oral formats with clear signposting to where consumers can
obtain this information, when it is not provided upfront
Know the law
·
There are both criminal and civil legal regimes that are relevant to
the sale of foods containing allergens and the provision of
'allergen-free' lists. It is essential that these are given careful
consideration.
· The following is a brief outline of the
main provisions to assist manufacturers in identifying their legal
obligations. It also suggests the appropriate courses of action in
respect of good manufacturing practice and the provision of information
for consumers.
· Manufacturers should seek their own legal advice as appropriate.
·
The EU Food Information for Consumers Regulation (EU FIC) changes the
way allergen information appears on labels and on food that is
prepacked, sold loose or served when eating out. The EU FIC brings
general and nutrition labelling rules together and simplifies and
consolidates existing labelling legislation into a single framework.
·
The regulation builds on the previous allergen labelling provisions for
prepacked foods as well as extending the provision of allergen
information to foods sold non-prepacked or prepacked for direct sale.
· 'Prepacked food'
·
'Prepacked' foods are foods, which have been put into packaging before
sale (final consumer or to mass caterers), where there is no opportunity
for direct communication between producer and customer, and the
contents cannot be altered without opening or changing the packaging.
For example, most pre-packed foods sold in supermarkets will fall under
this definition, such as tinned food, ready-made meals or frozen food
products.
· 'Prepacked for direct sale'
·
Generally means those foods that have been packed on the same premises
as they are being sold. In these situations, it is thought that the
customer would be able to speak to the person who made/packed the foods
to ask about ingredients and so these foods do not generally have to be
labelled with ingredients by law. Foods which could fall under this
category are meat pies made on site, and sandwiches made and sold
prepacked or not pre-packed from the premises in which they were made.
· 'Non-prepacked'(Loose foods)
·
Foods which are non-prepacked can be often described as foods sold
loose. In a retail environment this would apply to any foods which are
sold loose from a delicatessen counter (for example, cold meats,
cheeses, quiches, pies and dips), fresh pizza, fish, salad bars, bread
sold in bakery shops etc. In a catering environment this would apply to
foods ready for consumption such as meals served in a restaurant, café
or purchased from a takeaway.