The Food Standards Agency (FSA) is seeking feedback from stakeholders on new best practice guidance for food businesses that provide non-prepacked food.

What is non-prepacked food?

Non-prepacked food includes all foods that are not prepacked, e.g., loose foods, food packaged at the request of the consumer, food supplied by caterers, meals served in a restaurant, takeaway food, food made to order at cafes, etc.

What are the rules on the provision of allergen information?

Currently, allergen information on non-prepacked food can be delivered in a format to suit the food business (which may include, e.g., on a label attached to the food, on a notice or menu, or orally by indicating that details regarding allergens can be obtained by asking a member of staff).

What is changing?

The FSA is proposing that written allergen information for non-prepacked food is (i) always easily available in writing AND (ii) be supported with a conversation. The draft guidance, entitled ‘DRAFT Allergen Information for Non-Prepacked Foods Best Practice - Providing allergen information to consumers effectively’, and dated October 2024, (the “Guidance”) states “It is best practice that food businesses should make allergen information easily available in writing for consumers and ensure staff are able to support this with a conversation”.

The purpose of the Guidance is to demonstrate how food businesses can provide allergen information in a way that is most useful, meaningful and easily accessible to consumers.

The Guidance states:

• food businesses can choose the format of the written allergen information that best suits their business model but states that when deciding how to provide the written information, food businesses should ensure that the information is easy to use, clear, comprehensive and accurate. If the information is provided in a digital format, the business should have an alternative way of accessing the information for those who may not be able to access the information digitally.
• staff should be sufficiently trained to have a conversation about allergens, know where to find the information they need, and that staff should receive training on allergens and food hypersensitivity to appreciate the potential consequences of providing incorrect information. Businesses are advised that they should decide who is best placed to have allergen conversations (e.g., to consider whether all staff will be trained to the same level and able to take orders with allergen requirements or whether only specific staff on duty should be deferred to for such orders) and this process should be clear so that all staff understand what to do.

The Guidance, as drafted, represents a change in best practice to meet the expectation for there to be both written allergen information and a conversation.

Is this a legal requirement?

Not yet. The minimum legislative requirement has not changed - this is best practice guidance - but it seems like legislative change is probable, in due course, to the way food businesses are expected to deal with allergen information in the out of home sector.

What next?

Food businesses should read the Guidance and check their policies and procedures with regards to allergens and consider whether any changes are necessary to ensure compliance and, most importantly, to help protect consumers that have a food hypersensitivity.

Whilst businesses are not required by law to follow best practice guidance (although following it should ensure minimum requirements are met and afford good prospects of being able to defend the position of the business in the event of regulatory challenge), this appears to be the next nod towards change with allergens.

Businesses with the desire and the resources who want to get ahead of the curve and be satisfied that they are following a regulatory body recommended route towards best protecting their customers, may wish to carefully review, and consider adopting, this draft best practice Guidance into their policies, procedures and training now.

Responses to the consultation should be submitted by 27 November 2024 via the online survey.