Allergen Information: What is the Law?

Understanding allergen information requirements is crucial for both consumers and food businesses. The way this information is communicated varies significantly between prepacked and non-prepacked food. This page provides a detailed overview of these requirements, focusing on the distinctions between prepacked food, non-prepacked food, and prepacked for direct sale (PPDS) food. 

Food Information Legislation

Regulations on the provision of food labelling are primarily outlined in retained Regulation (EU) No. 1169/2011 (for England and Wales) and Regulation (EU) No. 1169/2011 (for Northern Ireland), commonly referred to as the ‘provision of Food Information to Consumers’ (FIC) regulation. Local authorities enforce this legislation under the Food Information Regulations and equivalent regulations in Northern Ireland and Wales.

The Food Standards Agency (FSA) oversees food safety and food hygiene in England, Wales and Northern Ireland. However, local authorities are tasked with monitoring and enforcing food safety regulations in their respective areas to ensure standards are met.

Food businesses must adhere to allergen information rules as set out in the FIC.

This requires Food Business Operators (FBOs) to:

  • Provide allergen information to consumers for both pre-packed and non-pre-packed food and drink
  • Adequately handle and manage food allergens

Prepacked Food

For prepacked food, the law mandates an ingredients list identified by a suitable heading that includes the word ‘ingredients’. The 14 major allergens must be clearly distinguished from the rest of the ingredients each time they appear in the list. This can be achieved through bold text. 

Definition

Prepacked food is any food that is placed into packaging before being offered for sale and:

  • Is either fully or partly enclosed by the packaging.
  • Cannot be altered without opening or changing the packaging.
  • Is ready for sale to the final consumer or mass caterer.

Examples

  • Tinned food. 
  • Ready-made meals. 
  • Frozen food products. 

Non-Prepacked Food

Allergen information must be available for any food containing the 14 major allergens. This information can be provided in various formats, including written notices or orally, but there must be clear signposting to where consumers can find this information if it’s not provided upfront. 

Non-prepacked foods include:

  • Foods sold loose in retail outlets.
  • Meals served in restaurants or food from takeaways.
  • Food packed on the sales premises at the consumer’s request.
  • Prepacked for direct sale (PPDS) food, such as sandwiches made and sold on-site.
Examples
  • right_arrow_orange_icon Fresh pizza, salad bars, and bakery items.
  • right_arrow_orange_icon Loose food from a deli counter (cold meats, cheeses, quiches, pies, dips).
  • right_arrow_orange_icon Meals served in restaurants, cafes, or takeaways.

Prepacked for Direct Sale (PPDS) Food

From 1st October 2021, PPDS food must have a label with the name of the food and a full ingredients list, with allergens emphasized. This change aims to enhance transparency and ensure consumers are well-informed about the allergens in the food they purchase.

Definition

PPDS food is food that is packed before being offered for sale by the same food business to the final consumer, either:

  • On the same premises.
  • On the same site.
  • On other premises if sold from a moveable and/or temporary location (e.g., marquees, market stalls, mobile sales vehicles).

Examples

  • Sandwiches placed into packaging by the food business and sold on the same premises. 
  • A café offering packaged samples of cakes made on-site. 
  • Foods packed by a butcher (e.g., sausages) and sold on the same premises. 

Identifying PPDS Food

To determine if a food item is PPDS, it must meet the following criteria: 

  1. Is the food presented to the consumer in packaging? 
  • Yes: The food is prepacked. 
  • No: This is non-prepacked food. 
  1. Is it packaged before the consumer selects or orders it? 
  • Yes: The food is prepacked. 
  • No: This is non-prepacked food. 
  1. Is it packaged at the same place it is sold? 
  • Yes: The food is PPDS. 
  • No: This is prepacked food. 

If the answers to all three questions are yes, the food is considered PPDS. 

Packaging refers to any single item where the food and its packaging are presented as a single unit that cannot be altered without opening or changing the packaging. 

The same site refers to a building complex (e.g., a shopping center or airport terminal) where the same food business operates from more than one unit within the complex. 

Importance of Allergen Information

Providing accurate allergen information is vital for the safety and well-being of consumers, particularly those with food allergies. Food businesses must ensure they comply with the regulations to avoid severe health risks and potential legal consequences. 

Key Points for Food Businesses:
  • right_arrow_orange_icon Training: Staff should be trained to understand allergen information requirements and how to communicate them effectively.
  • right_arrow_orange_icon Clear Signposting: Whether information is provided in writing or orally, there must be clear indications for consumers on how to access it.
  • right_arrow_orange_icon Consistent Labeling: Ensure all labels on prepacked and PPDS food comply with the allergen information requirements, using clear and consistent methods to highlight allergens.

The distinction between prepacked, non-prepacked, and PPDS food is essential for understanding allergen information requirements. By sticking to these guidelines, food businesses can ensure they provide necessary allergen information, thereby protecting consumers and maintaining compliance with food safety regulations.