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Precautionary Allergen Labelling Consultation

PAL, or precautionary allergen labelling, is designed to guide consumers to make safe and informed decisions with food businesses voluntarily providing information about the unintentional presence of allergens. These allergen labels are often written as ‘may contain’ on food packaging. 

But it seems there is uncertainty around when and how PALs are used in practice. Such inconsistency leads to consumer confusion, limits their choice and endangers them due to an increased distrust in allergen labelling in general.

That’s where a new consultation on Precautionary Allergen Labelling launched in December by the Food Standards Agency (FSA) comes in to provide clarity over ‘may contain’ allergen advice. From Natasha’s Law to PALs, allergen labelling can be confusing, so read on to discover where food service stands with the current guidance and food safety law and what the ‘may contain’ consultation means for your food business.

What is the current precautionary allergen labelling (PAL) legislation?

Currently, precautionary allergen labelling is voluntary, and there is no legislative framework for its usage. However, food must be safe to eat under “General Food” Law, which is to protect human health and consumers’ interests concerning food.

From the FSA:

“Voluntary food information must meet the requirements set out in food law: not to mislead the consumer and not to be ambiguous or confusing. The use of precautionary allergen labelling when no genuine risk to the consumer has been identified could be considered to be misleading food information.”

Therefore, a PAL must be added if there is a genuine risk of allergen cross-contact or cross-contamination within the supply chain that cannot be removed through careful risk management and a thorough risk assessment. However, it must not be overused to the point that it becomes misleading. Cross-contamination or cross-contact is when traces of allergens get into products accidentally during the processing, manufacturing, handling, transport, or storage of foods.

A PAL helps to communicate to consumers with a food hypersensitivity that there is an unavoidable risk of unintentional allergen cross-contamination within the food supply chain that cannot be sufficiently controlled.

Food businesses must be specific about which of the 14 allergens the product contains and that it is not suitable for consumers with a specified allergy so that it is not misleading for the consumer. General or blanket statements, such as ‘may contain allergens’ could be deemed misleading to the consumer, because they are highly unlikely to be based on thorough risk assessments.

For example, a ‘may contain peanuts’ label may be used to indicate potential cross-contamination with peanuts in a factory. The label would then have the message - ‘may contain peanuts’ and ‘not suitable for consumers with a nut allergy’.

Precautionary allergen information from ingredient suppliers should be passed to the final consumer. PALs can also be used in combination with vegan or vegetarian labelling. Whether a PAL is applied or not is a decision that should be made as the final step in a process of risk analysis of allergen cross-contact within the food supply chain.

When should you NOT use PALs?

PAL should not be in any way a substitute for good food hygiene and food safety. Although an appropriate use of PAL is helpful for the consumer, using them excessively can swing the balance towards endangering them.

If PAL is used too often, it can limit consumer choice unnecessarily as well as devalue the warning for consumers with a food allergy or intolerance. This can have serious consequences and lead to risk-taking behaviours in an attempt to widen their food options. Potentially this could result in unexpected adverse allergic reactions.

Why has the FSA launched the consultation?

Food businesses and local authorities have been calling for more clarity for PAL best practice and compliance regarding the analysis and communication of the risk of allergen cross-contamination. Perhaps this lack of clarity is leading food businesses to add unnecessary precautionary allergen labelling; the use of PALs has increased from 29% in 2012 to 55% in 2020.

According to the FSA, the sector needs to strike the right balance between safety and consumer choice: “An increased use of precautionary allergen labelling reduces consumer choice, and potentially restricts diet.

However, where there are unavoidable risks that cannot be controlled, a precautionary allergen label should be applied to provide important information regarding risk for consumers with food hypersensitivity. There is a tension between complete choice and absolute safety – and a balance must be achieved.”

Although people who live with food allergies or intolerances appreciate clear labelling about the unavoidable risk of allergen cross-contamination, often this is inconsistent or unclear. Trusting food labelling is essential for consumer choice, safety and for PAL to work.

The FSA director of policy, Rebecca Sudworth, said:

“Consumers have told us that inconsistency in how precautionary allergen labelling and information is given can cause a lack of trust in the labels and stop them being able to enjoy certain foods.”

Many consumers misunderstand and mistrust PALs feeling that food businesses are perhaps using it as a disclaimer to protect themselves rather than to keep the consumer safe. This can lead to risk-taking behaviour.

What could the changes to Precautionary Allergen Labelling mean?

Broadly, the FSA would like to ensure that there is clearer and more consistent communication about PALs. Some of the questions include:

• Could there be new standards for PALs on prepacked foods, including guidance on wording, font, style, and location on the pack?
• Could this information be made available to consumers in new ways, for instance, QR codes or via business websites?
• Would including words such as ‘cross-contamination’ or ‘cross-contact’ on PALs be more effective in communicating the risk to consumers?
• Do consumers also need more information on why precautionary allergen labelling has been used on a product?

Looking for allergen labelling advice?

The consultation ends on 14 March 2022 and we’ll keep you up to date on the latest developments. Planglow is the labelling expert in the UK with over 30 years of experience.

Our software, LabelLogic Live takes the stress out of adding labelling information to ensure that your business and your customers are safe. From Natasha’s Law to PAL, our software ensures that you are always legally compliant no matter the changes to the labelling laws. For any food labelling question or requirement, get in touch.

Book an appointment with your local Planglow Account Manager to find out more