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EU regulations on labelling food allergens come into force in December (10 November 2014)

Date: 10/11/2014
Duncan Lewis, Legal News Solicitors, EU regulations on labelling food allergens come into force in December

UK restaurants and catering outlets will have to spend millions of pounds checking ingredients which may cause allergies, as new EU regulations come into force on 13 December.

The Daily Mail reports that basic ingredients which may cause allergies in some people will have to be labelled on menus and packaging to alert consumers of any risk.

From 13 December European Directives 2003/89/EC and 2006/142/EC will “build” on current regulations on food labeling and allergens to ”ensure that all consumers are given comprehensive ingredient listing information and make it easier for people with food allergies to identify ingredients they need to avoid”.

Ingredients which may cause an allergic reaction in some people include cereals, eggs, milk, nuts and fish.

People who need to know about food ingredients include diabetics and those who are allergic to gluten.

However, even “healthy” food produce like the high-protein meat substitute Quorn can cause serious allergic reactions. Quorn contains a member of the fungi family known as mycoprotein, which can cause vomiting. Quorn products may also contain other potential allergens such as eggs or milk. The Food Standards Agency estimates that between one in 100,000 and one in 200,000 people may suffer an allergic reaction to Quorn.

Other ingredients which may be “hidden” allergens include nuts – even preparing food in the same factory which processes nuts may cause a serious allergy if cross-contamination of a nut-free product occurs.

Similarly, food fried in oil in which fish has been fried may also cause a serious allergic reaction in someone who has a fish allergy.

Potentially fruit such as strawberries may also cause an allergic reaction, including rashes or stomach upsets.

The EU has identified 14 ingredients which catering outlets – including hospitals, schools and prisons – must identify to protect those with food allergies.

The current list of allergens affected comprises gluten, crustaceans, mollusks (shellfish), eggs, fish, peanuts, nuts, soybeans, milk, celery, mustard, sesame, lupin and sulphur dioxide at levels above 10mg/kg, or 10 mg/litre, expressed as SO2

The regulations will also place a legal duty on food suppliers, hotels, restaurants, B&Bs and food takeaways to identify any possible allergens among ingredients.

However, some leading chefs have said that many testaurants in other EU countries will ignore the new rules.

Italian chef Aldo Zilli called the rules, “A regulation too far”. Mr Zilli said:

“Diners know what they want and will tell us. Changing the menu is hard enough, without checking which of hundreds of ingredients include one of 14 allergens.

“In Italy, chefs are not going to like it and to be honest they won’t even be listening – French chefs, even worse. But in this country, we have to comply.”

In the UK, the regulations could prevent 10 food allergen-related deaths every year – but implementing the regulations could cost the British catering industry up to £200 million.

The Food Standards Agency said that as many businesses already provided the information, no extra costs would be incurred.

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