Compliance alert over new EU food allergy rules

RETAILERS, traders and food businesses of every size are being warned to make sure they comply with demanding new EU food labelling rules being introduced before the end of the year.

Experts from the Manchester office of international law firm Squire Patton Boggs say that unless the EU Food Information for Consumers Regulation, which relate to food allergen information, are heeded business owners could face criminal prosecution.

Squire Patton Boggs believes that many establishments selling loose food, which is not pre-packaged and labelled by the manufacturer, are poorly prepared and may find it difficult not to breach new rules.

Rob Elvin, partner and head of the firm’s Manchester office said: “We believe that many businesses have not realised the impact of these regulations, particularly when it comes to selling non-prepacked food.  We’re not simplyRob Elvin, Squire Patton Boggs talking about businesses operating within the hospitality and leisure sector, but any business which provides food to consumers – whether the local take-away, independent butcher, delicatessen, food market, or farm produce shop.”

The rules mean that 14 food allergens, including peanuts, milk, eggs and cereals containing gluten, will need to be highlighted to customers for both pre-packed and loose foods.  

Mr Elvin says: “What stake may be a criminal prosecution. If they haven’t done so already, businesses selling non-prepacked food should review menus, train staff, talk with their suppliers about ingredients and review food preparation to ensure they will be in a position to comply with the regulations.”
 
The law states that in England, establishments will be able to provide allergy information in the ways that best suit their business, which could be in a menu, on a chalkboard or signage, or orally if strict conditions are met.  

Mr Elvin added: “It may be more difficult to demonstrate compliance if a business relies only on verbal communication by staff, but this may be the only option for some businesses, for example, those taking orders by phone.”

He said the new rules would be enforced by local authority officials and that a “common sense and pragmatic approach” is to be hoped for.

“There are one or two warning signs that this may not be the case. One client for example, which gives the food it doesn’t sell to charity, has been asked how it is going to comply, and the upshot of this could be that a charity could lose out, which is hardly a common sense approach.

“Generally there is always the danger of inconsistency, as the approach to enforcement could vary across each local authority.”

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