In-Depth Notes on Allergen Labelling Requirements in Catering Premises

Learning Outcomes

At the end of this lesson, you will be able to understand the legislation concerning allergens in foodstuffs and grasp the practical issues of enforcement at catering premises.

Allergic Reactions: The Issues

Allergies have gained significant visibility, with statistics indicating that while 10% of the population believes they have an allergy, only 2% are actually diagnosed. Allergic reactions can range from mild to severe, potentially leading to life-threatening conditions. Allergens can be either food-related or non-food-related, the latter including common substances like washing powders, pet hair, latex, and certain plants. Among food allergens, 14 specific allergens must be declared:

  • Cereals containing gluten
  • Crustaceans
  • Egg
  • Fish
  • Lupin
  • Milk
  • Molluscs
  • Nuts
  • Peanut
  • Soya
  • Sesame
  • Celery
  • Mustard
  • Sulphur dioxide/sulphites (>10 mg/kg per ingredient)

Historical Context

Before the legislative changes in December 2014, there were no requirements for disclosing allergens in loose or catered foods. Most allergic reactions, particularly severe ones such as anaphylactic shock, have stemmed from catered foods, especially takeaways. Since the enforcement of new regulations on December 13, 2014, catering businesses are legally obliged to declare the presence of allergens. Non-disclosure is classified as a criminal offense under the Food Information Regulations 2014 (FIRs). The response to this issue has also extended to distance selling via online apps.

Requirements for Food Business Operators (FBOs)

FBOs are mandated to inform consumers about any of the 14 specific allergens present in food, which can be conveyed in two primary formats:

  1. Written allergen information on menus or labeling indicating "Contains [name of allergen]."
  2. Verbal communication supported by written notices instructing customers to ask for allergen information.

It is crucial that any oral communication is accurate and verifiable. The responsibility for ensuring allergen information integrity lies with the FBO, who may utilize a food safety management system (FSMS) to maintain record accuracy.

Allergen Information for Loose Foods and Takeaways

FBOs can provide allergen information in two ways:

  • Written inclusion on the menu for each dish.
  • Oral information provided upon request, with a visible notice indicating the availability of such information.

FBOs must also maintain a system that includes training and record-keeping to ensure compliance and accurate allergen information delivery. This is particularly pertinent in establishments with numerous diverse products, as labeling each item can become burdensome.

Pre-packed for Direct Sale (PPDS)

Since October 1, 2021, due to several allergen-related fatalities, new controls on PPDS foods mandate full ingredient labeling, including allergens. PPDS foods are defined as those that are packed before being offered for sale on the same premises or site by the same food business. This includes various scenarios affecting food presentation, packaging, and sale procedures.
Key factors determining whether food qualifies as PPDS include:

  • Presentation in packaging that is not alterable without opening it.
  • Being packaged prior to consumer selection.
  • Being packed at the location where it is sold.

These criteria ensure that the consumers receive critical allergen information clearly and directly.

Allergen Management Steps

Using the 'CookSafe' scheme, FBOs can manage allergens through three steps:

  1. Identify Allergens: FBOs must be knowledgeable about the 14 controlled allergens and ingredient sources. They must check for allergen-containing foods and document their findings, as mislabeling can occur frequently.

    • For example, mixed spices may ingeniously substitute peanut for almond powder.

  2. Manage Allergen Risks: Key practices include:

    • Validating that delivered goods match orders and check for labels.
    • Storing allergen-laden ingredients separately and utilizing labeled, resealable containers to avoid cross-contamination.
    • Preparing allergen-free meals in clean environments using sanitized utensils and without risk of cross-contact.

  3. Communication: Accurate and effective communication with customers is crucial. FBOs should consistently update their staff on ingredient changes and maintain clear communication channels regarding allergen presence. The usage of "may contain" statements is permissible if backed by evidence-based risk management. All members of staff must be trained in allergy awareness and encouraged to inquire about customer's allergies proactively.

Enforcement

The legal ramifications for non-disclosure of allergenic components can include criminal charges as well as improvement notices from food standards organizations. Cross-contamination related issues typically fall under hygiene improvement notices managed by environmental health practitioners.

Case Studies

One notable case involved a takeaway owner, Mohameed Zaman, who was sentenced to six years for manslaughter after his establishment served a dish containing peanut, which was specifically requested to be nut-free. This underscores the severe consequences of neglecting allergen management and compliance with food safety laws.

Conclusion and Reflection Points

Key points to remember include:

  • The necessity of allergen management and labeling for all foods containing any of the 14 allergens.
  • The new PPDS regulations imposed by Natasha's law starting from October 2021.
  • The importance of effective communication strategies within businesses.

Reflection questions include evaluating the necessity of written allergen information, the controls that should be in place for ingredient handling, and the implications of stating potential allergens like "may contain" on menus.