Allergen Labelling Requirements For Businesses Providing Prepacked Foods
Since 13th December 2014 new allergen labelling and notification rules have
been in force for businesses that supply prepacked food or drinks to
consumers, such as food manufacturers, packers, retailers and online
stores. The Regulations are:
EU Food Information for Consumers Regulation (No. 1169/2011) (FIC)
and Food Information Regulations 2014 (SI 2014/1855) (FIR)
The purpose of the Regulations is to provide information to consumers about
potential allergens contained in prepacked food, so that the consumer can
see if there is anything in that food that they may be allergic to. The
Regulations include a
detailed list of the 14 most common allergen groups. If any of these allergens have been used in the preparation or
manufacture of the food product then the food business operator is required
to clearly display the allergen in the list of ingredients.
Prepacked products with old style allergen labelling that are on the market
or have been produced and labelled before 13th December 2014 can still be
sold through until the stock has been used up. However, all prepacked food
and drink products produced or labelled on or after 13th December 2014 must
comply with the labelling requirements.
How the allergens should be emphasised in the ingredients list
• It is permitted to use signposting to direct the consumer to where they
can find the allergen information and to show how the allergens are
emphasised in the ingredients list, for example “Allergy advice: for
allergens, see ingredients in bold”.
• Allergens from the List of Allergens that are present in the preparation
or manufacture of the food product should normally be emphasised in bold in
the ingredients list in the same form as they are detailed in the List of
Allergens. For specific examples of how to detail the allergenic
ingredients in the ingredients list and further examples and information on
this subject please refer to the Food Standards Agency Technical Guidance
which can be found at www.food.gov.uk.
• The allergen notification must be easily accessible, in a conspicuous
place, easily visible and clearly legible.
• The allergen information must not be obscured in any way, for example it
must not be on a fold or a crease.
• Guidelines are given as to the minimum font size that is acceptable for
different sized packaging.
• The List of Allergens also includes details of exemptions.
• Some foods do not have ingredients lists, such as certain alcoholic
drinks and in such cases if they contain any substances or products from
the List of Allergens then this needs to be declared in the form for
example; “Contains: sulphites”.
• Where an ingredients list is provided it is not permitted to also use an
allergen advisory statement, for instance: “Contains: wheat, egg and soya”
. This repeat of the allergen ingredients information might be confusing to
the consumer and the intention of the Regulations is to provide a single
and consistent format for food products.
• Precautionary allergen labelling such as: “may contain nuts”, which is
used to indicate the unintentional presence of an allergen due to the
allergen entering the product accidentally during production, is still
permitted but only after a thorough risk assessment has been performed and
it is considered that there is a real risk to the food allergic/intolerant
Prepacked foods sold through distance selling
• When prepacked foods are sold via distance selling the same level of
information on allergens must still be provided to the consumer, this may
be done by providing the ingredients list on a website or in a catalogue.
• The allergen information must be available to the customer before they
make the purchase and again at the point of delivery.
• Food sold from vending machines is exempt from the requirement to provide
the information before the conclusion of the purchase.
• If oral information on allergen content is provided to the customer by
calling a specific telephone number then the telephone number must not be
at an additional cost to the customer.
The contents of this Information Page are for reference purposes only and
do not constitute legal advice. Independent legal advice should be sought
in relation to any specific legal matter.