THE NEW LAW FOOD INFORMATION FOR CONSUMERS THE FOOD STANDARDS AGENCY VIEW Sharon Gilmore FSA NI
Key facts ~1.92m people have food allergy in the UK (based on population of 63.1m). This figure excludes food intolerance. There is no cure, therefore need to observe avoidance Read ingredient labels Look out for hidden allergens DINING OUT: THE CHALLENGE FOR THOSE WITH A FOOD ALLERGY OR FOOD INTOLERANCE Northern Ireland
Essential elements of an allergy-safe dining experience:- Have information sheets or lists of allergens in products that the caterer buys in, 75% Discretion of the catering staff to avoid customer embarrassment, 33% General hygiene Flexibility, 13% standards, 63% Staff well informed about food allergy/ intolerance, 96% Notices on premises that invite dialogue, 41% Menu notice inviting dialogue, 62% Knowledge of potential for cross contamination, 83% Polite and helpful staff, 49% Direct contact with manager/chef, 61%
Reported caterer s reasons for service refusal:- Cross-contamination Ingredients Poor knowledge Litigation concerns Staff not trained in allergen controls, 16% Legal implications if something went wrong, 23% No time to deal with the request, 26% Reasons unspecified, 13% Unanswered, 3% Insufficient knowledge re food allergens, 29% Could not guarantee ingredients were allergen free, 81% Apathy Unknown if allergen cross contaminated other food, 13% Did not know if ingredients contained the allergen, 45% No allergen guarantee from ingredient suppliers, 23%
Summary The risks associated with dining out are a key issue. High level of anxiety and concern among the parents/ guardians of children with FAFI. Top food allergies were peanut, tree nut and egg. Kiwi allergy was relatively common. The risk of reaction outside the home is high. Cross-contamination and inadequate information. Food sensitivity consumers dine out just as frequently as their non-sensitive counterparts. Being refused service is par for the course. Flexibility on the part of the caterer is greatly appreciated.
Food labelling is changing Moving from General Labelling Regulation (2000/13/ EC) to Food Information for Consumers Regulation (1169/2011/EC) Three year transition period from the coming into force date from 13 December 2014 new rules on allergen labelling shall apply Existing requirements for pre-packed foods are retained but new requirement to emphasize allergenic foods in the ingredients list Introduction of new requirement to provide allergy information for unpackaged foods
Scope of the Regulation Covers business operators at all stages of food chain concerning provision of information to consumers: Ø Ø Ø Food intended for the final consumer Foods delivered by mass caterers Foods intended for supply to mass caterers Also applies to catering services provided by transport leaving from the EU Member States Ø Ø Ø airline catering trains boats / ships
Annex II The big 14 Peanuts Nuts Milk Soya Mustard Lupin Eggs Fish Crustaceans Molluscs Cereals containing gluten Sesame Celery Sulphur dioxide
Crustaceans Cereals containing Such as prawns, lobster, gluten scampi, crab, shrimp Such as wheat, rye and barley. paste. Also check foods containing flour, such as bread, pasta, cakes, pastry, meat products, sauces, soups, batter, stock cubes, breadcrumbs, foods dusted with flour.
Eggs In cakes, mousses, sauces, pasta, quiche, some meat products. Don t forget foods containing mayonnaise or brushed with egg. Fish In some salad dressings, pizzas, relishes, fish sauce. You might also find fish in some soy and Worcestershire sauces.
Peanuts In sauces, cakes, desserts. Don t forget groundnut oil and peanut flour. Soya As tofu or beancurd, soya flour and textured soya protein, in some ice cream, sauces, desserts, meat products, vegetarian products.
Milk In yoghurt, cream, cheese, butter, milk powders. Also check for foods glazed with milk. Nuts In sauces, desserts, crackers, bread, ice cream, marzipan, ground almonds, nut oils.
Celery This includes celery stalks, leaves and seeds and celeriac. Also look out for celery in salads, soups, celery salt, some meat products. Mustard Including liquid mustard, mustard powder and mustard seeds, in salad dressings, marinades, soups, sauces, curries, meat products.
Sesame In bread, breadsticks, tahini, humous, sesame oil. Sulphur Dioxide In meat products, fruit juice drinks, dried fruit and vegetables, wine, beer.
Lupin Lupin seeds and flour in some types of bread and pastries. Molluscs These include mussels, whelks, squid, land snails, oyster sauce.
Mandatory particulars Article 9(1)c - Any ingredient or processing aid listed in Annex II, or derived from a substance or product listed in Annex II causing allergies or intolerances, used in the manufacture or preparation of a food and still present in the finished product, even if in an altered form Article 9(2) - The specified allergenic foods to be indicated with words and numbers - they may additionally be expressed by means of pictograms or symbols
Article 12 & 13 Clarity and Legibility For prepacked foods, mandatory information to appear directly on the package or on a label attached to it Mandatory food information to be available and easily accessible for all foods Mandatory information to be marked in a conspicuous place, be easily visible, clearly legible and, where appropriate, indelible. It should not be hidden, obscured, detracted from or interrupted by other written or pictorial matter
Article 14 Distance selling In the case of foods offered for sale by means of distance communication, mandatory food information to be available before purchase is concluded and to appear on the material supporting the distance selling or be provided through other appropriate means clearly identified by the food business operator All mandatory information to be available at the moment of delivery
Article 21 Labelling of allergens Unless exempt, allergens to be indicated in list of ingredients with clear reference to name of the substance or product as listed in Annex II i.e. whey (milk) Allergenic ingredients to be emphasized through a typeset that clearly distinguishes it from the rest of the ingredients by means of the font, style or background colour In the absence of a list of ingredients, the indication of the allergenic ingredients to comprise the word contains followed by the name of the substance or product listed in Annex II Where several ingredients or processing aids in a food originate from a single allergenic ingredient, the labelling shall make it clear for each ingredient or processing aid concerned
EU FIC Labelling
Article 21 continued Where the name of the food (i.e. box of eggs, bag of peanuts) clearly refers to the allergen concerned, there is no need for a separate declaration of the allergenic food Use of Allergy Boxes The voluntary use allergen advisory boxes to declare the presence of allergenic ingredients in prepacked foods are not permitted under the EU FIC Allergen information found in a single and consistent place
Article 36 Voluntary information The Commission has option to introduce new rules on the following voluntary information: Ø information on the possible and unintentional presence in food of substances or products causing allergies or intolerances Precautionary allergen warnings ( may contain ) can still be used for prepacked food and non-prepacked to be applied after a thorough risk assessment and to communicate a real risk to the consumer Permits the introduction of agreed phrases or allergen reference doses for the unintentional presence of allergens in prepacked foods
Article 44 non-prepacked food A new requirement for allergen ingredients information to be provided for non-prepacked foods and food provided prepacked for direct sale Foods are offered to sale to the final consumer or to mass caterers without pre-packaging, or where foods are packed on the sales premises at the consumer s request or prepacked for direct sale, the provision of the information about allergenic ingredients is mandatory
Article 44 non-prepacked foods cont Oral provision also permitted, provided the business indicates clearly that such information can be obtained upon request Oral information must be accurate, consistent and verifiable upon challenge What is consistent? Is there a process in place to enable consistent information to be provided? For example to refer queries to the nominated person(s) What is verifiable? Ingredients information on a chart, recipe book, ingredients information sheets, scrap books with labels etc
Article 44 non-prepacked foods Could declare allergen ingredients information through a contains statement, charts, tables etc. i.e. chicken tikka masala Contains: milk, almonds (nuts) Consider Article 12 and 13 on accessibility of mandatory information - Marked in a conspicuous place, easily visible, clearly legible Signposting is required when information is not provided written and upfront. It should be where consumer would expect to find allergen information e.g in a folder, on menu board, at till or on the menu card Food Allergies & Intolerances Before you order your food and drinks please speak to our staff
Providing allergen information Molluscs Lupin Sulphites Sesame Mustard Celery Nuts Milk Soyabean Peanuts Fish Eggs Crustaceans Cereals containing gluten Dish Lasagne P wheat P P P Mushroom risotto Lemon cheesecake P wheat P P P almonds P P
Article 44 non-prepacked food How are dietary requests communicated from front to back of house? e.g. use of chef cards, order tickets, receipts Preparing foods for allergic consumers- what process is in place Do you use Safer Food, Better business (SFBB) Safe Method: Allergy? Are you making specific claims i.e. gluten free How this claim is verified or validated Would a no gluten containing ingredients (NGCI) statement be better? more factual rather than attributed to a set / legal level
Regular reviews, keep it current Food businesses need to have processes in place to ensure the information they provide is accurate Regularly review the ingredients information Where ingredients change, review the accuracy of the recipe Do garnishes or dressings change the allergenic profile of the meal? Check! Accuracy is dependent on the information on labelling, updating allergen information for dishes, updating staff and consumers
Communication is key Think about the chain of communication The person buying the food The person handling the food The person taking the order The person ordering the food
Communication is key Engage with serving staff Recipes change Ingredients change
Statutory Rule Food Information Regulations (Northern Ireland) 2014 http://www.legislation.gov.uk/nisr/2014/223/pdfs/ nisr_20140223_en.pdf An offence has been committed for failure to comply with allergen provisions FSA allergen guidance to support SME s issued on http://multimedia.food.gov.uk/multimedia/pdfs/guidance/ allergen-labelling-technical-guidance.pdf
Joint messaging EUFIC communications Revised advice issued on Consumers leaflet http://www.food.gov.uk/multimedia/pdfs/publication/ allergy-leaflet.pdf Revised advice and leaflets for SME s issued June 2014 http://multimedia.food.gov.uk/multimedia/pdfs/ publication/loosefoodsleaflet.pdf Engagement with our interested parties Food allergen information and updates on the regulation can be obtained from: http://www.food.gov.uk/policy-advice/allergyintol/label/
E- learning Access free training on: http://allergytraining.food.gov.uk/
http://multimedia.food.gov.uk/multimedia/pdfs/ publication/thinkallergy.pdf
Supporting businesses nonprepacked Developed in collaboration with food industry and consumer support organisations http:// multimedia.food.gov.uk/ multimedia/pdfs/publication/ loosefoodsleaflet.pdf
Further information FSA allergy pages: http://food.gov.uk/policy-advice/allergyintol/ Allergy E-learning http://allergytraining.food.gov.uk/ released December 2013 suitable for businesses Allergy chef card: ttp://multimedia.food.gov.uk/multimedia/pdfs/chefcard.pdf Consumer advice http://food.gov.uk/multimedia/pdfs/publication/allergy-leaflet.pdf BRC-FDF guidance for prepacked foods http://www.brc.org.uk/downloads/guidance%20on%20allergen %20Labelling.pdf Northern Ireland Food Standards Training Manual http://multimedia.food.gov.uk/multimedia/pdfs/pdf-ni/food-comp-label.pdf
Cross contamination with allergens The unintentional presence of allergens is not covered under the EU FIC. This is covered under the Food Safety (NI) Order 1991 and General Food Law. Regulation No. 178/2002 General Food Law: Article 14, 2a. Food shall be deemed to be unsafe if it is considered to be injurious to health Article 14, 3b In determining whether any food is unsafe, regard shall be had to the information provided to the consumer, including information on the label, or other information generally available to the consumer concerning the avoidance of specific adverse health effects from a particular food or category of foods
Thank you for listening