The need for transparency of food allergens in the catering industry

Article 14 of Regulation (EC) No 178/2002, often referred to as the General Food Law, is a cornerstone of food safety legislation. This regulation establishes the principles and requirements of food law, ensuring that food placed on the market is safe for consumption. 

Key provisions of Article 14 

• Food safety: Article 14 explicitly states that food must not be placed on the market if it is unsafe. Food is considered unsafe if it is: 
  • Injurious to health: this includes any potential harm to consumers, whether immediate or long-term. 
  • Unfit for human consumption: food that is spoiled, contaminated, or otherwise unsuitable for consumption falls under this category. 

• Factors for determining safety: the article outlines specific factors to consider when assessing whether food is unsafe. These include the normal conditions of use, the health of specific consumer groups, and the cumulative effects of food consumption. 

• Responsibilities of food business operators: food business operators are required to ensure that food they produce, process, or distribute complies with safety standards. They must take action to withdraw or recall unsafe food from the market. 

Food allergies 

When considering whether food is unsafe or injurious to health, the regulations consider the information given to the customer for the avoidance of specific adverse health effects from a particular food or category of foods. Moreover, regard shall be had for the health insensitivities of a specific category of consumers where the food is intended for those consumers. 

Here emphasis is placed on the responsibility that a provider has to ensure that any potential allergens are labelled or adequately brought to the consumers attention. 

Last month, three food businesses were fined for selling unsafe allergen-containing food. Trading Standards officers conducted test purchases at restaurants and takeaways in early 2024, posing as customers with food allergies to milk, gluten and egg. Despite assurances from the businesses that their food was free from these allergens, subsequent testing proved otherwise. 

All three businesses pleaded guilty to the offence of placing on the market unsafe food. Swansea Council trading standards teams found that the businesses had made false declarations about the absence of specific allergens in their food, potentially putting allergic customers at serious risk. 

The companies were fined as follows: 

• Killay Spice 
  • Fined £3,000 
  • Ordered to pay a £1,200 surcharge 
  • Ordered to pay £2,084 in costs 

• Clydach Kebab House 
  • Fined £200 
  • Ordered to pay surcharge and costs of £2,144 
• Townhill Spice 
  • Fined £500 
  • Ordered to pay surcharge and costs of £2,146 

Importance of Article 14 

This article plays a critical role in maintaining public health and consumer trust. By setting clear standards for food safety, it helps prevent foodborne illnesses and ensures that consumers have access to safe food. 

The recent caselaw shows the strict action which will be taken against food businesses to ensure that consumers can have the confidence to purchase food from businesses and know their allergies are being taken seriously. 

The Food Standards Agency has recently published guidance on handling allergens which can be found here.

How Birketts can help 

Birketts has a specialist Food & Beverages Team and is experienced in all aspects of food and beverage law, from regulation and production to distribution and advertising. If you require further information or proceedings have been brought against you, our expert team is ready to assist.