Allergen Labelling

Below is a summary of the main points contained in current EU Labelling legislation, including the types of ingredients that require allergen labelling and details on how each ingredient should be described and presented.

Background

In order to protect the health of consumers, it must be ensured that they are appropriately informed as regards the composition of foodstuffs.  This is done through ingredients listings on labels.

Some ingredients when present in foodstuffs can cause allergic reactions in vulnerable persons.  These can constitute a danger to health.  A European Advisory committee produced a list of common allergens which can affect the lives of many people.  These can cause conditions ranging from the vary mild to the potentially fatal.  The most common allergens are found in a wide variety of foods and although food labelling is not to be regarded as the only means of advising consumers on avoidance of allergens, it can be used to assist those affected to make safer choices.

In response to this The European Council introduced Directive 2003/89/EC to require allergen labelling on certain foodstuffs.  This was implemented throughout the UK with effect from 25th November 2005. Two further allergens, lupin (pea family) and molluscs, were added by The Food Labelling (Declaration of Allergens) (England) Regulations 2008, which came into force on 31st May 2008.

This document is not a definitive interpretation of the law, which only the courts can provide.  It is the responsibility of the individual business to ensure compliance with the law.

1. Is it a legal requirement?

Yes, there is an EU Directive 2003/89/EC amending Directive 2000/13/EC as regards indication of the ingredients present in foodstuffs, which makes additional allergen labelling a requirement on the labelling of all foodstuffs sold in the European Community.  In England, this directive has been implemented by The Food Labelling (Amendment) (No.2) (England) Regulations 2004 and parallel legislation in Scotland, Wales and Northern Ireland.  This will be enforced using powers and penalties given in The Food Safety Act 1990. 

2. What Foods will require allergen labelling?

All prepacked foods need to have the presence of any allergenic ingredients listed.  This still applies even if the food or any of its ingredients are not required to declare ingredients under The Food Labelling Regulations 1996.

3. What foods will not require allergen labelling?

The regulations do not apply to foods sold loose or those prepacked for direct sale, that is foods packed in the establishment from which they are sold.

4. When do these new rules come into effect?

The regulations came into force on 25th November 2005.  After this date only products complying with the regulations may be sold.  Products which were placed on the market or labelled before this date may continue to be sold while stocks last.

5. What are the allergens that need to be declared on the label?

• Cereals containing gluten
• Crustaceans
• Fish
• Eggs
• Peanuts
• Soybeans
• Milk
• Nuts
• Celery
• Mustard
• Sesame seeds
• Sulphur dioxide and sulphites at levels above 10mg/kg or 10mg/litre expressed as SO2
• Lupin
• Molluscs

6. How should fish be described?

For the purposes of allergen labelling the regulations require food to be 'marked or labelled with a clear reference to the name of the allergenic ingredient concerned'
The rules do not specify fish names that should be used. It is sufficient to use common names of fish that will be easily understood by the consumer such as cod or mackerel.  Where a less common type of fish is used and the consumer may not associate the name with fish, the allergen labelling should indicate 'fish' rather than the specific fish name.  Other names more readily accepted by the consumer may be used for other labelling requirements, such as the name of the food.

7. How should crustaceans be described?

For the purposes of allergen labelling the regulations require food to be 'marked or labelled with a clear reference to the name of the allergenic ingredient concerned'
The new rules do not specify any named species of crustaceans.  Those included in this category are,

Lobster
Crab
Prawns
Langoustine

In this category the consumer may not associate the common name used with that of a crustacean especially where the product is normally sold peeled such as prawns.  If there is potential that the consumer may not be adequately protected, then 'crustacean' should be used in the allergen labelling to fulfil the requirement of 'a clear reference to the name of the allergenic ingredient concerned'
Other names more readily accepted by the consumer may be used for other labelling requirements, such as ingredients listings and the name of the food.
Although the allergen does not require a separate indication, if included in the name of the food, using both the common name and the name of allergen will ensure adequate protection to consumers (see question 9).

8. How should sulphur dioxide be described?

This additive is used as a preservative in some foods, either during primary or further processing.  It should be labelled when present above 10mg/kg or 10mg/litre in the finished product.  This additive should be declared using the term 'sulphur dioxide' or 'sulphite' depending on its chemical nature.  The chemical name may also be used e.g. sodium metabisulpite. For the purposes of allergen labelling the additive class and E number, as sufficient for general food labelling, will not be of sufficient detail for allergen labelling.

9. In what form should the information be given?

Where the presence of an allergen is not clear from the name of the food, the presence of this ingredient should be identified clearly using a name that would reasonably be expected to be understood by the consumer.  This can be included in the name of the food or by using an asterisk referring to a footnote, so long as this could not be confused with similar labelling such as for GM ingredients.
Where the name of the allergen is included in the name of the food, there is no requirement to provide additional allergen labelling.  For example fish fillets do not need to be labelled as containing fish.  However if the name of the allergen may not be readily associated with the common name for the food, for example scampi being a crustacean best practice would be to include additional allergen labelling to fully protect the consumer.

10. Do I need to provide allergen labelling on food supplied to caterers or food manufacturers?

While general food labelling would not be required for non pre-packed foods supplied to caterers (see question 3).  Pre-packed food supplied to caterers is subject to general labelling requirements including allergen labelling.

11. Where can I get further advice?

Full guidance on these regulations can be found on the Food Standards Agency website or,

Click here for guidance notes from the FSA on the Food Labelling (Amendment) (No. 2) Regulations 2004.

Click here to access British Retail Consortium guidance on allergens.

For specific advice of product compliance contact your local government office responsible for enforcing food standards.  The number will be in your local telephone directory.