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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. 

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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

PPDS vs Prepacked vs Non-Prepacked: Know the Difference

Allergen Labelling Laws for Prepacked Food

Packed by one business and sold by another (e.g. a pork pie made by one company, sold at a farmer’s market)

Allergen Labelling Laws for Non-Prepacked Food

Served loose or packaged after ordering (e.g. hot dog on a tray, takeaway meal wrapped on request)

Allergen Labelling Laws for Prepacked for Direct Sale (PPDS) Food

  • Packed before sale on the same premises or site

  • Cannot be altered without opening the packaging

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.