Proposals to change allergen labelling rules

Continuing fatalities from food allergic reactions and highly publicised campaigns by families of those affected have raised the issue of whether current allergen laws give consumers the information they need to make safe food choices.

A consultation has been launched proposing amendments to the law relating to foods that are prepacked for direct sale (PPDS).

What are PPDS foods?

There is no definition of PPDS, but the Food Standards Agency consider these are foods that:

• are prepacked on the same premises from which they are sold
• are made or packed by a person who is available to ask about the ingredients

In a bakers or café, any food that is prepacked on the premises in anticipation of an order, before being offered for sale, would be PPDS. Examples may include foods which the consumer self-selects from a chiller cabinet or must ask a member of staff for, for example, a sandwich or boxed salad on display behind a counter.

Food ordered and collected in person by a consumer in a takeaway, may be PPDS if it was packed before it was offered for sale, for example, a wrapped Cornish pasty or a boxed meat pie under a hot lamp.

In a retail environment, the following examples would also be PPDS, provided they are packed on the premises from which they are being sold before they are offered for sale:

• Fresh (uncooked) pizzas;
• Pre-weighed cheese or meats
• Baked goods

Why are PPDS foods thought to pose a risk to allergy sufferers?

Unlike pre-packed foods whose labelling must include a list of ingredients (with allergens highlighted) PPDS foods do not currently require any information on the packaging.

Concerns have been raised that it can be difficult for consumers to distinguish between prepacked and PPDS foods, especially where the latter contains marketing information describing some but not necessarily all the ingredients.

Anecdotal evidence suggests that consumers assume that the absence of allergen information on food packaging means food allergens are not contained in the product. This may not be the case for PPDS foods.

What are the changes under consideration?

There are four options put forward to improve the provision of information to consumers about food allergens present in PPDS foods.  Options 1 to 4 represent a sliding scale moving from non-regulatory measures to increasingly prescriptive regulatory measures.

Each option need not be considered as exclusive; options may be combined, for example, the non-regulatory option may build upon regulatory options in an escalating hierarchy, or different options may be applied to different sizes of businesses in a two-tiered approach.

Policy Option 1 – Promote best practice (non-regulatory option)

 This option would not require a legislative change but would include activities to promote best practice for businesses and consumers. It would encompass best practice for all non-prepacked foods, including PPDS.

Activities for promoting best practice may include:

• Best practice guidance for the catering sector to be produced by the FSA and FSS and made available to all local authorities.

• Business conferences hosted by Defra, FSA and FSS to discuss best practice and encourage change without a legislative change.

• Public information campaign to highlight allergen knowledge and awareness for food businesses and the general public.

ADVANTAGES:

•  potential to be implemented in a shorter timescale than legislative change
• can be adapted to continue to be fit for purpose
• flexibility to make allergen information available in a way that best suits a business

DISADVANTAGES:

• no guarantee that businesses will change their practices

Policy Option 2 – Require “ask the staff” labels on PPDS food, with supporting information for consumers in writing (regulatory option)

In the absence of a full list of ingredients, or a list of the allergens contained within the product on the packaging, food prepacked for direct sale would include a label/sticker on the packaging advising consumers to “ask the staff” about allergens.

When asked about allergens, staff would have to provide supporting information in writing upon request, before the food was purchased.

ADVANTAGES:

• least costly to implement of the regulatory options being considered
• already being rolled out by many businesses
• will consistently encourage consumers to talk to staff about allergens
• does not carry the risk of mislabelling

DISADVANTAGES:

• failure to provide enough information for consumers not confident to speak to staff
• availability of appropriately trained staff
• risk if food is taken off the premises and given to a third-party food allergic consumer

Policy Option 3 – Require name of the food and allergen labelling on packaging of PPDS food (regulatory option)

This option introduces a regulatory measure requiring PPDS foods to have a label on the packaging to tell the consumer the name of the food and which of the 14 allergens the product intentionally contains.

ADVANTAGES:

• less difficult to implement than full ingredient labelling
• less risk of mislabelling than full ingredient labelling
• gives consumers clear, product specific information on the food packaging
• if food is taken to eat later or to give to a third party, allergen information is available

DISADVANTAGES:

• risk of mislabelling especially when different products made simultaneously
• risk of more allergen incidents as consumers trust information on labels
• discourage dialogue between consumers and staff about allergens
• may incur additional administration, equipment and training costs
• generic packaging would disappear or need to be supplemented with another label
• people suffering allergies to foods other than the 14 allergens will not benefit
• may reduce consumer choice as businesses likely to reduce product variations

Policy option 4 – Require name of the food and full ingredient list labelling, with allergens emphasised, on packaging of food prepacked for direct sale

This option introduces a regulatory measure requiring PPDS foods to have a label naming the food and listing the full ingredients with allergens emphasised on the packaging.

Labelling will need to include:

• the name of the food
• the list of ingredients
• any of the 14 allergens highlighted within the ingredient list

ADVANTAGES:

• consistent approach for food that is prepacked and PPDS
• give consumers with allergies the most trust in what they are eating
• help consumers with allergies to foods other than the 14 allergens choose safely
• does not rely on staff providing accurate information directly
• gives consumers clear, product specific information on the food packaging
• if food is taken to eat later or to give to a third party, allergen information is available

DISADVANTAGES:

• cost of full labelling may stifle innovation and new product development
• may constrain supply chain purchases and availability
• as with Option 3

Responses to the consultation need to be made by 29^th March 2019. More information can be found here:

https://consult.defra.gov.uk/agri-food-chain-directorate/consultation-on-amending-allergen-information/

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]