Food allergens, a step forward even in England and Northern Ireland thanks to Natasha’s Law. Where a requirement to indicate all ingredients on pre-wrapped foods for the purpose of direct sale, including for on-site consumption, is introduced. Reflections on the theme.
Allergens on bulk and prewrapped foods, foods served by communities. Rules and shortcomings in the EU and UK
At the EU level the ‘Food Information Regulation’‘, regarding foods ‘offered for sale to the final consumer or to collectivities without pre-packaging or (…) packaged on the places of sale at the consumer’s request or pre-packaged for direct sale‘ (‘non-prepacked‘), merely prescribes the mandatory obligation to provide notice regarding the presence of allergens. (1)
Member states may prescribe on their territories other compulsory information among those stipulated in Articles 9 and 10 of Reg. EU 1169/11 (mandatory information on pre-packaged product labels). They can also provide for detailed measures on information arrangements to better ensure that data on the presence of allergens in individual foods is effectively made available-at the very least. National measures must then be notified to the European Commission.
In England, the Food Information Regulations (2014) merely require-operators who serve or offer for sale products in bulk or wrapped at the consumer’s request (pre-wrapped)-to report the presence of allergens ‘clearly and by any means‘. A tautology, as there is also provision for news to be offered verbally. Specifying, another tautology, that in such a case it be reported–on a sign, label, sign–that staff members are ‘competent’ to answer these kinds of questions. (2)
The tragic (in)competence of restaurant staff when it comes to food allergies was demonstrated in the recent study by the University of Düsseldorf. We recall in this regard the comments of one of the luminaries of food allergies, our friend Professor Claudio Ortolani of Milan. Who stigmatized the extreme gravity of the situation, in the pan-European context.
Allergic consumers are fully entitled to complain about the absolute lack of food safety protection for them. Instead, which is required under the ‘General Food Law‘ and Regulation (EU) No. 1169/11. (3) Public attention to this epidemic disease rose to prominence following the July 2016 death of a 15-year-old girl. Natasha Ednan-Laperouse, killed during a London-Nice flight by anaphylactic shock caused by a baguette that contained undeclared sesame seeds. Food purchased at Heathrow Airport, in one of the 450 stores of the international sandwich store chain ‘Prêt à Manger‘.
Natasha’s Law, new safeguards for allergy sufferers in England and Northern Ireland
Natasha’s Law – named after the deceased young woman – is expected to be completed in the coming weeks, to take effect in summer 2021. Better late than never. DEFRA(Department for Environment, Food & Rural Affairs), in collaboration with FSA(Food Standars Agency) and FSS(Food Standards Scotland), conducted a public consultation, from 25.1 to 29.3.19. Collecting 1887 responses from 1625 consumers, 126 food businesses, 83 government agencies and 29 NGOs. School of democracy in a country whose first constitution of rights(Magna Charta), it should be remembered, dates back to 1215.
‘Prepacked for Direct Sale Products‘ (PDSP) are the focus of attention. In the absence of clarification in this regard in reg. EU 1169/2011, the British refer to the definition offered in the FSA Guidelines (Food Standards Agency). Which includes, but is not limited to, sandwiches, sweet and savory pies, salads, and ready-made meals, cooked or assembled and packaged by employees of the business establishment, then directly arranged on the counter, ready for purchase and perhaps even consumption on site. ‘Prêt à manger‘ Indeed.
‘Prepacked foods for direct sale: This applies to foods that have been packed on the same premises from which they are being sold. Foods prepacked for direct sale are treated in the same way as non-prepacked foods in EU FIC’s labeling provisions. For a product to be considered ‘prepacked for direct sale’ one or more of the following can apply:
– it is expected that the customer is able to speak with the person who made or packed the product to ask about ingredients,
– foods that could fall under this category could include meat pies made on site and sandwiches made and sold from the premises in which they are made‘.(Food Standards Agency. See note 4)
On 6/25/18, the Minister English for Environment, Food and Agriculture (Departement for Environnement, Food and Rural Affairs., DEFRA), Michael Gove, announced with great satisfaction that the national legislation (Food Information Regulations 2014) will be amended precisely in the part dealing with news about this type of product, prescribing special written news (see next paragraph).
UK, public consultation and new rules
The consultation launched by the UK government contemplated 4 possible options for addressing allergens on bulk and prewrapped foods:
1) Promotion of good hygiene practices (training of store managers and employees, more inspections of the premises, etc.)
2) Mandatory ‘ask the staff‘ label on PPDS packaging, with recall warnings,
3) mandatory labeling of only the allergens present, (5)
4) Mandatory label with product name, full list of ingredients and graphic evidence of allergens.
Full information, fourth option, prevailed. Favored by consumers (73 percent), albeit opposed by businesses (only 13 percent in favor) who would have favored the least onerous and at the same time most dangerous scenario, ‘in case of allergies ask the staff.’ Instead, public agencies were in favor of option 3; they would then settle for the news about allergenic ingredients. The full information-food name and ingredient list with graphical evidence of sensitive ingredients (referred to in Annex II of EU Reg. 1169/11)-will be implemented in England and Northern Ireland in late summer 2021, in Scotland the following fall. Wales is reserving its decision shortly, much to the chagrin of autonomy on the shoulders of public health.
Two problems remain to be addressed:
(1) information on bulk products, albeit wrapped at the customer’s request, meals served in bars and restaurants, and those purchased remotely. Through food delivery platforms (e.g., JustEat, Deliveroo),
2) The proper management ofcross contamination risks, especially in small outlets where several products are prepared simultaneously.
The rules disapplied in Italy
Legislative Decree 231/2017-which implements the ‘Food Information Regulation‘ (FIR) and defines the appropriate sanctions-regulatesinformation on food products sold loose and pre-wrapped at the point of sale in Article 19. Prescribing the display of appropriate signs or equivalent means, including digital, easily accessible and recognizable, next to the products in question. Mandatory news to follow:
(a) food name,
(b) list of ingredients, subject to the exemptions provided in the FIR. With evidence of those ‘allergenic’ ones listed in Annex II of the regulation,
(c) storage arrangements for rapidly perishable food products, where necessary,
(d) the expiration date for fresh pasta and fresh pasta with filling only,
(e) the actual alcoholic strength by volume for beverages with an alcohol content greater than 1.2 percent by volume,
(f) the glazing percentage, considered tare, for frozen glazed products,
(g) the designation “thawed” in Annex VI, item 2 of Reg. EU 1169/2011.
Collectivities-restaurants and trattorias, pizzerias, take-aways, cafeterias-pastry shops, caterers, canteens-must in turn display an exact list of the individual allergens present in each food or dish offered. On the menu, even digitally, that is, on a register that is easily accessible to patrons.
Therefore, the Italian discipline appears broader and more specific than the British one. With severe penalties, up to 40,000 euros, and one tragic flaw. (6) In Italy, theICQRF and https://www.greatitalianfoodtrade.it/etichette/controlli-il-ruolo-dellamministrazione-sanitaria/-despite their relative powers and responsibilities-still persist in ignoring the force of these rules. Tolerating, in effect, the systematic disapplication of standards established to protect food safety for the most vulnerable categories of consumers.
#DetectiveFood is the bottom-up survey promoted by Food Allergy Italy together with our website Great Italian Food Trade. We are all invited to take pictures of labels, signs and menus with information about the presence of allergens in products. With the aim of broadly representing, precisely, the level of widespread lawlessness in Italy. To contribute, simply send ‘geolocated’ images to detectivefooditalia@gmail.com. Complete confidentiality will obviously be maintained on the identity of the authors of the reports.
Dario Dongo and Marina De Nobili
Notes
(1) See reg. EU 1169/11, Article 44
(2) UK, Food Information Regulations 2014, art. 5.
(3) See reg. EC 178/02, Article 14
(4) FSA, Allergens Guidance for Food Business, 12/21/18, https://www.food.gov.uk/business-guidance/allergen-guidance-for-food-businesses
(5) Referring to the 14 substances listed in Annex II to Reg. EU 1169/11
(6) For regulations and penalty amounts, see the free ebook ‘1169 penalties. EU Reg. 1169/11, food news, controls and penalties’, at https://www.greatitalianfoodtrade.it/libri/1169-pene-e-book-gratuito-su-delitti-e-sanzioni-nel-food
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Graduated in law in Trento, she follows a master's degree in food law at Roma Tre. She is passionate about food and wine, she is between culture and tradition.
