Food Information Regulation (FIR) Advice for Caterers

Transcription

1 Food Information Regulation (FIR) Advice for Caterers June 2013

2 Contents Page About Safer Food Scores 3 Food Information Regulations 4 Relevant food allergens 5 Providing allergen information 6 SFS allergen tips for caterers 7 Penalties for non-compliance 8 Other food information requirements 9 Packaging food to sell off site 10 Highlighting allergens on food labels 11 2

3 About Safer Food Scores We offer a wide range of food hygiene and health and safety consultancy and training services to make food business operators lives easier. Based in Hertfordshire and operating nationally, we provide advice and training to the Food Industry. We are also the specialist environmental health advisers for the NAMB (National Association for Master Bakers) and provide free telephone advice to their members. We can identify allergen ingredients in foods, check whether your food labels meet the legal requirements, design label templates for you and carry our allergen risk assessments. We can carry out audits to determine compliance and predict food hygiene ratings before your EHO visits. If you are a manufacturer we can determine what you need to achieve independent food safety accreditation standards such as BRC (British Retail Consortium) or SALSA (Small and Local Supplier Approval) We can provide you with a tailor-made and practical food safety management system that will work for your business. This will help ensure you sites consistently achieve top scores. If you are scored unfairly we can liaise with your local authority to arrange a rescore or appeal their decision. We run regular food hygiene courses at various locations or can train your team members on site. We can also investigate food complaints and food poisoning allegations and liaise with your customers if required. To put your mind at rest, we also provide unlimited telephone and advice as and when you need it. We have produced this handbook as an easy reference to the new Food Information Regulations 2013 that will apply from December Melissa Thompson BSc (Hons) MIH MCIEH OSHCR Chartered Environmental Health Practitioner Principal Consultant and Director at Safer Food Scores 3

4 Food Information Regulations Legislation Regulation (EU) No. 1169/2011 on the provision of food information to consumers (EU FIC) was published in October Food businesses have until December 2014 to comply. Although the legislation is binding on all 27 EU member states, each must implement enforcing provisions within their own national legislation. In England, this will be the Food Information Regulations Main changes In the area of food allergens the Regulation introduces two main requirements: Allergens must be highlighted in the ingredients lists of packaged foods. Allergen information must be available for loose foods, those pre-packed for direct sale and those packed at the customer s request. Previously, although good practice, it was not a legal requirement to have allergen information easily available. This handbook has been produced in response to requests from our clients to help prepare for the new legislation. It takes into account guides produced by: Defra (Department for Environment, Food and Rural Affairs) The BRC (British Retail Consortium) The EC Health and Consumer Directorate These guides however have no formal legal status and in the event of a dispute, ultimate responsibility for the interpretation of the law lies with the Court of Justice of the European Union. It is likely that statutory guidance will be published before December

5 Relevant food allergens European legislation has identified the most common food allergens in Europe and requires that only they and their derivatives are declared as allergens. The 14 allergens that need to be declared Cereals containing gluten wheat, rye, barley, oats, spelt or kamut Crustaceans Egg Fish Lupin Milk Molluscs Nuts almond, hazelnut, walnut, cashew, pecan nut, brazil nut, pistachio nut, macadamia nut and queensland nut Peanut Soya Sesame Celery and celeriac Mustard Sulphur dioxide and sulphites Other food allergens A number of other foods can cause allergic reactions but are not considered to be common allergens in Europe and have therefore not been included e.g. Garlic and onion Yeast Chestnut, pine nuts and coconut Although these must be listed in the ingredients list on a food label they should not be highlighted as allergens. 5

6 Providing allergen information In general, under the EU FIC, loose foods are exempt from most labelling requirements. However, information about food allergens will have to be provided. Allergen information needed Food businesses selling loose, pre-packed foods for direct sale or those packed at the customer s request will need to provide information if they contain any of the relevant 14 common allergens. This does not include those substances being present through cross-contamination. This will apply to caterers and some retailers and is likely to prove a challenge to many food businesses that regularly change their product range or menus. How allergen information can be provided The information can be supplied on the menu, on chalk boards, tickets or in other written formats. It will not be enough for food businesses to say they do not know whether a particular food contains any of the relevant allergens. Allergen information should be clear, conspicuous, easily visible and legible. It may be possible to provide allergen information verbally upon request by the customer; it will depend on whether this is stipulated in the domestic legislation which is still to be finalised. If this is allowed, there will be a requirement to have clear signage to inform customers of this. 6

7 SFS allergen tips for caterers Ensure recipes or product specifications are available for all the food you sell Examine the ingredient packaging carefully especially composite ingredients Consider whether any processing aids may contain allergens e.g. cooking oils Prepare a chart* detailing the allergens in each product Collate this information into a Food Allergen Handbook Have the Food Allergen Handbook approved by a suitably trained person Direct customers to the location of the Handbook using clear notices and menus Foods substituted on delivery should be carefully checked and allergens notified Train staff in food allergy awareness and your food allergen procedures Ensure any new products and specials are approved and added to the Handbook Unless you can guarantee no cross-contamination from allergens on site Include the following statement in the Food Allergen Handbook: As some of our menu items contain food allergens, there is a risk that traces of these may be in other dishes or foods served here * Contact us on hello@saferfoodscores.co.uk for a free allergen chart template. Safer Food Scores can assist you to produce menu or product specifications and to approve charts, handbooks and marketing materials. We can also carry out food allergen awareness training for your staff. 7

8 Penalties for non-compliance Offences The maximum fine for providing incorrect or no food allergen information will be 5,000 per product or menu item. If a customer suffers an allergic reaction as a result of this, it is likely that enforcement action will also be taken under the General Food Regulations 2004 (for supplying injurious food) or under the Food Safety Act 1990 (for supplying food not of the substance demanded). The maximum fine for these offences is 20,000. Defences It is a defence to prove that you took all due diligence and exercised reasonable precautions to avoid the commission of the offence. For a caterer, the major parts of a due diligence defence would be: Having detailed product or menu specifications Records of delivery checks on product substitutes Food allergen training records Verification that allergen information on menus, chalkboards etc was approved Enforcement Prior to the FIR (Food Information Regulation) enforcement of labelling provisions was only possible by taking a company to Court. This could be a lengthy and costly process for both the company and the enforcer and is the reason why there are many misleading and illegal food labels on the market. From December 2014, however, an enforcement officer (usually a Trading Standards or Environmental Health Officer) will also be able to serve an improvement notice stipulating what needs to be done and by when. If the notice is not complied with and there hasn t been an appeal, it will be a much quicker more straightforward Court case. 8

9 Other food information requirements Caterers and food businesses selling loose, pre-packed foods for direct sale or those packed at the customer s request are currently exempt from most labelling requirements. However, you still need to include information on menus, product lists, notices or food display tickets near to the food if the food consists of or has ingredients that are: Genetically modified * Irradiated Made from raw milk e.g. unpasteurised cheeses This information can be obtained by checking ingredient lists on food labels or contacting your food suppliers. * There is no requirement to label meat or poultry as genetically modified if those animals were fed genetically modified food stuffs. Misleading claims It is an offence to mislead customers about the food you are serving and therefore you should be careful not to make claims that you cannot prove and substantiate e.g. Gluten free foods must not have more than 20 parts of gluten per million. A better phrase for caterers is no gluten containing ingredients which may be used on food where gluten has not been intentionally added but may be present due to cross-contamination. Sugar free foods must not have more than 0.5g of sugar per 100g and this includes natural sugars such as fructose. Cream gateaux must be wholly dairy cream and not artificial cream. 9

10 Packaging foods to sell off-site If you are packaging foods to sell off-site, for example from a central production kitchen, they will need to comply fully with the labelling regulations i.e. they will require: Food name this may be one required by law (e.g. jam) or a customary name (e.g. fish fingers or spaghetti). If neither of these apply, the name must be sufficiently precise to distinguish it from products with which it could be confused List of ingredients - in descending order, by weight Percentage quantity indication only applies to certain ingredients if they are mentioned in the name of the food (QUID declaration) Durability date a use by, best before or best before end date Any special storage or use conditions e.g. store refrigerated and use within two days of opening Name and address - of the manufacturer, packer or seller Place of origin if its omission could mislead e.g. a French product with a Union Jack on the label Any instructions for use if necessary to use the food e.g. cooking times and temperatures Nutritional information if nutritional claims are made e.g. low fat, sugar free etc. These requirements are included in existing food labelling laws. The Food Information Regulation introduces some new requirements e.g. Allergens must be highlighted in the ingredients lists of packaged foods The font size must be at least 1.2mm (unless largest surface area less than 80cm² Nutritional information will be required for most foods from 2016 Safer Food Scores can carry out food label compliance checks and advise you on necessary changes, better wording etc. We can also provide full nutritional information in the required format for each of your menu items or product range. 10

11 Highlighting allergens on food labels Highlighting method The allergens should be emphasised through a typeset that clearly distinguishes it from the rest of the list of ingredients, for example by means of the font style or background colour. The BRC (British Retail Consortium) has determined bold as the preferred option. Nuts These should be listed by their specific name in the ingredients list and the word nuts does not need to be put in brackets. Pecans and macadamias should be declared as pecan nuts and macadamia nuts. Example: INGREDIENTS: almonds, hazelnuts, pecan nuts, sugar Fish Fish should be declared in brackets after every fish even common species such as salmon or cod unless a species such as swordfish which could be declared as swordfish or swordfish (fish). Example: INGREDIENTS: tilapia (fish), salt Crustaceans and molluscs The words crustacean or mollusc should be declared in brackets after each. Example: INGREDIENTS: prawns (crustaceans), oysters (molluscs) Milk For all ingredients containing or derived from milk, milk should be declared in brackets. However if the ingredient name contains the word milk, it should be highlighted only in the name of the ingredient and not repeated in brackets. Example: INGREDIENTS: cheese (milk), dried skimmed milk 11

12 Cereals containing gluten These should be declared using the specific name of the cereal. There should be no reference to gluten except when it is used as an ingredient in its own right. Example: INGREDIENTS: malted barley flour, oats, wheat gluten Sulphites and sulphur dioxide Concentrations of more than 10mg/kg or 10mg/litre in the final product must be declared. If they are performing an additive function they must be declared by their chemical name and if they are present as a processing aid they can be declared as sulphites. Example: INGREDIENTS: Water, sulphites, preservative (sodium metabisulphite) Foods sold as such If foods are sold with nothing added, they do not require an ingredient list, so companies may also use a contains statement. Examples: Sea Bass (contains fish), Scallops (contains molluscs), Butter (contains milk) Allergen advice It is likely that voluntary statements in addition to the ingredient list such as contains... (list of allergens) will no longer be allowed. These should be replaced with either of these phrases: Allergy Advice For allergens, including cereals containing gluten, see ingredients in bold Allergy Advice For allergens, see ingredients in bold Cross-contamination statements If after undertaking an allergen risk assessment there is potential for particular allergens being present, this should be communicated with a cross-contamination statement such as may contain or not suitable for message on the label but these allergens should not be highlighted in bold. EXAMPLE: Not suitable for customers with peanut allergy May contain soya and egg Information in allergen advice or cross-contamination statements should be in a font at least as big as that used in the ingredient list. 12

13 Please contact us if you would like to find out more about what we do. Safer Food Scores Berkhamsted House 121 High Street Berkhamsted Herts HP4 2DJ Tel: