Free guidance – Calorie labelling UPDATE
Nicky Slavid
This month Safer Food Scores has updated its free guidance which focuses on calorie labelling of non-prepacked food and drink. The Calorie Labelling (Out of Home Sector) (England) Regulations 2021 came into force on 6th April 2022. They require businesses to declare the calorie content of non-prepacked food and drink.
Click here to access this free guidance.
Key sections in the Calorie labelling for non-prepacked food guidance include:
- Who do the calorie labelling regulations apply to?
- How are employee numbers calculated?
- Which foods do the regulations apply to?
- Are any foods exempt?
- How should the calorie information be displayed?
The Calorie Labelling (Out of Home Sector) (England) Regulations 2021 came into force on 6th April 2022. They require businesses to declare the calorie content of non-prepacked food and drink.
Safer Food Scores provide a wide range of food labelling and nutritional analysis advisory services. We can help you calculate the calorie content of your foods and check that your
presentation of the information is legally compliant. Please contact us if you would like to find out more.
Who do the calorie labelling regulations apply to?
They apply to food businesses with 250 or more employees in the out of home sector. This is generally considered to be any business where food is prepared in a way that means it is ready
for immediate consumption, both on and/or off site e.g. restaurants, hotels, takeaways, bakeries.
How are employee numbers calculated?
When determining if businesses have 250 or more employees, both full-time and part-time employees are considered. Businesses trading under franchise agreements, where the food, premises and business model are similar to each other, will qualify if the sum of employees operating under the franchise is 250 or more.
Which foods do the regulations apply to?
Non-prepacked food and drink which is offered for sale in a form which is suitable for immediate consumption. This includes foods without packaging, food packed at the consumers request and food prepacked on the same site that it is sold (prepacked for direct sale). Examples include hot beverages, sausage rolls, pies, pasties, pizza slices, breakfast rolls, sandwiches, toasties, pastries, biscuits, and cakes.
Are any foods exempt?
Yes, foods not covered by these regulations include:
• Foods sold temporarily i.e. for less than 30 consecutive days and a total of 30 days in any year
• Food not on a product list/menu or otherwise offered for sale but is expressly requested by the consumer to be prepared differently to usual
• Alcoholic drinks over 1.2% ABV (alcohol by volume)
• Condiments added by the consumer e.g. ketchup, mustard etc.
• Loaves of bread or baguettes (but not rolls or buns)
• Fish, meat, or cheese (but not if added to multi-ingredient products e.g. chicken sandwiches)
• Fresh fruit or vegetables and other unprocessed products such as nuts, or seeds (but not if added to multi-ingredient products e.g. fruit salads)
In addition, the regulations do not cover food provided to particular audiences:
• Educational establishments – if pupils 18 years or below
• Charities – if food offered for free, below cost price, or at a single fund-raising event
• Hospitals, medical establishments, care homes and social care institutions – if no payment for food made
• Armed forces serving their members – outside of military canteens
• International transport – to or from a country outside of the UK
Certain establishments listed below also do not have to display calorie information, however if an external mass caterer such as a contract caterer provides the food in-house, calorie information has to be displayed.
• An educational institution for those over 18 years old
• a military establishment
• criminal justice accommodation
• a hospital or other medical institution, care homes or other institution providing social care
• a canteen at a workplace providing food to employees
How should the calorie information be displayed?
You must:
• display the energy content in kilocalories (kcal)
• reference the size of portion to which the calorie content relates
• display the statement ‘adults need around 2000 kcals a day’
This information must be displayed clearly and prominently at the ‘points of choice’ e.g. on menus (including online menus) and at food displays such as grab and go fridges and display counters.
Food ordered online or by telephone is considered ‘distance selling’ so as well as at the point of choice, calorie information must also be provided at the point of delivery e.g. by enclosing menus or by placing labels on food containers.
Any guidance given in our articles is not official and Safer Food Scores can take no responsibility if the information is used to form part of any legal or regulatory compliance for your business. However, please do get in touch if you are interested in our support services and would like to benefit from official guidance relating to your particular circumstances, email [javascript protected email address]
