What are the new allergen labelling rules?

The FSA has released its Updated Best Practice Industry Guidance for providers of non-pre-packaged food and drink items. This seeks to help safeguard consumers and businesses alike through the consistent, accurate and comprehensive written communication of potential allergens within food and drink products. The guidance is just that - not an amendment to food labelling laws (as yet) - and applies in England, Wales and Northern Ireland. 

What’s included in the Updated Best Practice Guidance on Allergens?

The Updated Best Practice Guidance states out of home food businesses must inform consumers in writing of the potential presence of 14 mandated allergens in non-prepackaged (as well as pre-packed) foods. These allergens should be communicated in a clear and easily understandable written format as well as through a conversation with the customer. Previously, businesses could decide whether to provide allergen information either verbally or in writing, but now both are included in the guidance.

According to the FSA, non-prepacked foods include:

• all foods that are not prepacked
• meals in cafés and restaurants
• loose meat and cheese at a deli counter
• drinks made to order in a coffee shop.

Why the guidance has changed: Reducing fatalities and protecting consumers

The update was first agreed at an FSA board meeting in December 2023, following the death of Owen Carey, who suffered a fatal anaphylactic reaction after eating a grilled chicken burger at a Byron Burger in London. Owen was told the burger would be ‘plain grilled’, but it had been marinated in buttermilk - to which he was highly allergic. The family campaigned for written allergen information to be provided for non-prepacked foods rather than relying on verbal communication.

As non-pre-packaged foods are often made to order and can vary significantly, relying solely on verbal communication has proven tragically unreliable. And while a conversation can provide more nuance, it relies too heavily on information passing from customer, to server, to kitchen with dangerously high margins for error.  Whereas the written - as well as verbal - communication of allergens minimises risk for all concerned providing greater consistency and reassurance. 

Katie Pettifer, Chief Executive of the FSA said: “We are still encouraging consumers to tell food business staff about any food allergies or intolerances, but we are now setting an expectation that businesses should provide written allergen information and encourage a conversation with their customers. This easy-to-use guidance will help businesses, like cafes and restaurants, provide allergen information in a more consistent and helpful way for people with food hypersensitivities.”

Natasha’s Law and the new FSA guidance

The latest guidance is for non-pre-packaged foods and is not yet a legal requirement. Meanwhile, Natasha’s Law is a legislative requirement covering all pre-packed food for direct sale, it states that food providers must include full ingredient declarations on the pack with any allergens highlighted in bold. If your business sells both non-prepacked and prepacked food, you should comply with both.  

What does your business need to do now?

If you sell non-pre-packed food, then you will need to implement a plan to add written information about allergens on your menus or through other written means such as ticketing or signage. Training programmes for your servers and staff should also be updated to include the new guidance to ensure everyone is fully up to speed and effectively communicating with customers.

The FSA offers a range of free resources to help your business comply with the new guidance. You can find downloadable posters, allergen icons, and comprehensive information on their website here.

LabelLogic Live - your allergen labelling partner

We’re here to help. Use our multi-award winning food labeling app -LabelLogic Live - to identify and communicate the allergens in your food offering via printed labelling, menus, ticketing and other signage. LabelLogic Live is user-friendly, cost-effective and speedy, helping you to build your brand and showcase products - as well as to highlight and print allergen information - providing peace of mind no matter what changes to legal requirements or best practice guidance may come.