THE NEW LAW - FOOD INFORMATION FOR CONSUMERS - THE FOOD STANDARDS AGENCY VIEW - Sharon Gilmore FSA NI
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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 General hygiene
Flexibility, 13% standards, 63%
that the caterer buys
in, 75%
Discretion of the
catering staff to
avoid customer Staff well informed
embarrassment, about food allergy/
33% intolerance, 96%
Notices on premises
that invite dialogue,
41% Polite and helpful
staff, 49%
Menu notice inviting
dialogue, 62%
Direct contact with
Knowledge of manager/chef, 61%
potential for cross
contamination, 83%
Reported caterer’s Unanswered,
Staff not Reasons
3%
reasons for service trained in unspecified,
13%
allergen Insufficient
controls, 16%
refusal:- knowledge re
food allergens,
Legal 29%
Cross-contamination implications if
something went
Ingredients wrong, 23%
Could not
guarantee
Poor knowledge No time to deal ingredients
with the were allergen
Litigation concerns request, 26% free, 81%
Unknown if
Apathy allergen cross
contaminated
other food,
13%
Did not know if No allergen
ingredients guarantee from
contained the ingredient
allergen, 45% 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 Food intended for the final consumer Ø Foods delivered by mass caterers Ø Foods intended for supply to mass caterers • Also applies to catering services provided by transport leaving from the EU Member States Ø airline catering Ø trains Ø boats / ships
Annex II – The big 14
Peanuts Nuts Milk Soya
Mustard Lupin Eggs Fish
Cereals
Crustaceans Molluscs containing Sesame
gluten
Sulphur
Celery
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 Fish
•In cakes, mousses, • In some salad
sauces, pasta, quiche, dressings, pizzas,
some meat products. relishes, fish sauce.
Don’t forget foods You might also find
containing mayonnaise fish in some soy and
or brushed with egg. Worcestershire
sauces.Soya
• As tofu or beancurd,
soya flour and textured
soya protein, in some
ice cream, sauces,
desserts, meat
products, vegetarian
products.
Peanuts
•In sauces, cakes,
desserts. Don’t forget
groundnut oil and
peanut flour.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 Mustard • This includes celery • Including liquid stalks, leaves and mustard, mustard seeds and celeriac. powder and mustard Also look out for seeds, in salad celery in salads, dressings, soups, celery salt, marinades, soups, some meat sauces, curries, products. 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 symbolsArticle 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 concernedEU 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 foodsArticle 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 staffMolluscs
Lupin
Sulphites
Providing allergen information
Sesame
Mustard
Celery
P
P
Nuts
almonds
Milk P
P
P
P
Soyabean
Peanuts
Fish
Eggs
P
P
Crustaceans
Cereals containing
wheat
wheat
gluten
P
P
Dish
cheesecake
Mushroom
Lasagne
Lemon
risottoArticle 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 levelRegular 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
EUFIC communications • Joint messaging • 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 – non-
prepacked
Developed in collaboration with
food industry and consumer
support organisations
http://
multimedia.food.gov.uk/
multimedia/pdfs/publication/
loosefoodsleaflet.pdfFurther 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.pdfCross 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 foodsThank you for listening
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