The Food Standards Agency (FSA) have released their long awaited best practice guidance on allergen information for non-prepacked foods. This new guidance has been developed to advise businesses on best practices for delivering written and verbal communication to consumers on the allergen information for foods typically served in cafes, restaurants, pubs and catering.
In this blog, we will explore why this guidance has come about, who is impacted and highlight the key points from the guide – to give you a clear understanding of how best as a business you could use this guide to support delivering safe allergen information to your customers.

Our key takeaways from the FSA allergen guidance

1. This is guidance and not law but it can help you do meet your responsibilities in delivering allergen information to the consumer
2. The FSA have taken a flexible approach to delivering this best practice guidance, and you can decide what approach would suit your business best
3. Review your operational practices and processes for managing allergen orders to decide which written allergen information and verbal communication best works and make sure all in your business know what your allergen management processes are
4. Our allergens webpage provides useful content and resources, with more information on how Bidfood can support you on delivering allergen information to consumers

Why has the FSA decided to create this allergen guide?

In 2017 Owen Carey tragically died from an allergic reaction to a chicken burger. Owen informed the server of his food allergies, including dairy, but sadly he was served chicken that had been marinated in buttermilk. At the inquest, the coroner confirmed that human error must have contributed to Owen’s death and he was not provided with the correct information about the ingredients used in the meal he consumed.
The Carey family have since campaigned for changes in legislation to provide better allergen information in restaurants, through written allergen information on menus and asking each customer about allergen requirements on all occasions.
The FSA agrees that greater standardisation of allergen information for non-prepacked foods would be helpful to businesses and consumers and as a result this guidance has been developed as an interim whilst Owen’s Law is being deliberated further.

Who is this FSA allergen guidance for?

This guidance is aimed to support food businesses such as retailers and caterers selling non-prepacked foods, such as coffee shops, cafes, restaurants, delis, fast food outlets, bakeries and market stalls, of all sizes.
It also provides guidance not just for food businesses supplying non-prepacked food in person but also online and other forms of distance selling. And applies to England, Wales and Northern Ireland.

What allergens are in scope?

Legally, there are 14 allergens that food businesses must tell consumers about if they are used as an ingredient or processing aid in foods. It is these same 14 which are covered in this guidance, advising on how best to write and verbally communicate to the consumer:

• Cereals containing gluten namely wheat (such as spelt and Khorasan wheat), rye, barley, oats and their hybridised strains
• Crustaceans (for example prawns, lobster, crabs and crayfish)
• Egg
• Fish
• Peanuts
• Soybeans
• Milk
• Nuts (namely almond, hazelnut, walnut, cashew, pecan nut, Brazil nut, pistachio nut and Macadamia nut (Queensland nut))
• Celery
• Mustard
• Sesame seeds
• Sulphur dioxide and/ or sulphites at concentrations of more than 10 mg/kg
• Lupin
• Molluscs (for example mussels, clams, oysters, scallops, snails, and squid)

However, it is known that people can be allergic or intolerant to foods outside of the 14 mandated allergens. As a result, the FSA advises food businesses to keep a record of full ingredient lists for non-prepacked foods, where possible, in case someone queries about an allergy outside of the 14. As an example this could be done by retaining food labels.

Advice on providing written information of non-prepacked foods

Under this guidance, allergen information should be written and easily available to the consumer, ideally without them having to ask for it. Key points are that it should be:

• Easy to use – so consumers are able to identify foods that are safe for them to eat
• Clear – indicating exactly which allergens are present in the dish
• Comprehensive – covering all 14 allergens and not just the ones the FBO see as most prevalent
• Accurate – being regularly checked to ensure the most up to date information is being displayed

Ideally, the allergen information would be present on menus, boards, counters, wherever the point of choice is being made by the consumer. This can either be done using words or symbols. But if symbols are used the name of the allergen should be close to or in a key.
If words are being used it should be provided as a ‘contains’ statement, and the sub-allergen for cereals containing gluten or tree nuts should be used. For example: Chicken Tikka Masala (Contains: milk, nuts (almond)).

If the allergen information is not on the main menu the business should inform consumers where this information can be found with a statement on the menu or on the counter. It could be done with messaging like:
‘We have a menu with allergen information, please speak to staff who will be happy to provide it’. There is also advice on sharing written allergen information if distance selling. The key points are the allergen information should be available to the consumer before ordering and when it is delivered.
The aim of this is to help the consumer to know what is safe to order and then be able to identify the safe food upon delivery.

Advice on providing verbal communication of non-prepacked foods

Sometimes providing written allergen information is not enough to ensure the delivery of safe food to an allergic consumer. Having a conversation can provide vital information and context for both the food business and the consumer. It is important for a food business to know if a dish should be carefully prepared and a consumer should have all the information, like risks of cross contamination, to be able to make an informed decision of whether it is suitable for them to have the food.
The FSA guidance advises businesses to encourage consumers to make them aware of any allergy requirements and then have a conversation about it.
Staff should be sufficiently trained to be able to have a conversation about someone’s allergies and be able to manage their requirements. Sometimes it’s not possible for all staff to be trained to an appropriate level to take and manage an allergic consumer’s order. In which case specific staff could be trained for these orders to be taken through, such as a supervisor or manager.
However, the FSA advises all staff should be trained to a certain level in allergens and food hypersensitivity to understand the importance of delivering safe food to a consumer as it could be life threatening for some.
Ideally staff should proactively ask if someone has an allergy or an intolerance before food is ordered but if this is not possible a positive sign should be in a prominent position to ask consumers to speak to a member of staff if they do have an allergy or intolerance.

More information can be found in the guidance about examples on:

• How to ask consumers about any allergies
• How to structure a conversation if a dietary requirement has been established
• How to use the written allergen information to support the consumer to make safe and informed choice; and
• How to process a dietary requirement from recording the order, passing the information on to other staff and communicating the delivery of the correct food to the consumer.

Do I have to legally follow the FSA allergen guidance?

It is important to note that this is best practice guidance and not a legal requirement. It sets out helpful examples and approaches that you are not legally required to follow.  There is a section on the legal status which highlights existing requirements with allergen information in the out of home, as it is a requirement of businesses to inform customers if any of the 14 mandated allergens have been used in their foods.
It is advisable for businesses to review and understand how this best practice could be incorporated, as it can help to ensure you are meeting your relevant responsibilities and consumer expectations. In addition, an approach consistent to this guidance would also ensure you meet these needs.

Things to consider when applying the FSA allergen guidance

Food businesses can operate in many different ways and as such the approach to delivering written and verbal allergen information could be different. Here are some things to consider if you’re thinking about applying this best practice into your business.

Food substitutions and menu changes

The frequency in which food substitutions and menu changes may occur in a food business will have an impact on the suitability of writing allergen information on menus. To better manage accurate information, a message on the menu to inform the consumer how to receive written allergen information might be a better option.

Build your own

Does the consumer have the choice to build their own, like a sandwich or a burger? It might mean that an allergen matrix displayed on the counter is the best solution to provide the allergen information for each ingredient that could be used.

Cross contamination

Kitchen practices, based on elements like the size of the kitchen and ingredients used may mean more consideration is needed to be taken on how to inform consumers of the risk of cross contamination. Broad sweeping warnings of a risk of cross contamination may not be as receptive and taken as seriously by a consumer as ones that have detailed information on the allergens at risk and why there is the risk.

Staff turnover

This may impact the choice of how to verbally communicate about allergens with consumers. If turnover is high, it may be more suitable to allocate specific staff to take allergic food orders, as they have been trained to a higher level in food allergies.

Checking information is up to date

Checking that the written allergen information you have for your food is extremely important. All businesses across the supply chain are responsible for ensuring they are checking the allergen information they have received from their supplier and what they are sharing to their customer is correct. Make sure to have a robust process for checking product information in place.

To wrap things up

This guidance is intended to be of use to all types of out of home businesses, however the FSA have taken into consideration some of the concerns of industry, as not one size can fit all. A more flexible approach has been taken and many examples are offered in the guide.

We believe this approach helps to raise allergen management standards and not restrict businesses from delivering safe allergen information, dependant on their individual operational arrangements. Your detailed understanding of your own business should be used to find the model that best suits your business and allows you to keep allergen information accurate and up to date. A new report from the FSA estimates that around 6% of the adult population in the UK have a food allergy, that’s around 2.4 million people*! Remember, the approach a food business takes in supporting allergic consumers not only makes a difference in ensuring safe food has been delivered but also on the consumer’s personal experience. Positive experiences impact the likelihood of return customers, not just for the individual but for the group they are with.

How can Bidfood support allergen management in catering?

Delivering safe food to allergic consumers is a key focus for the out of home and at Bidfood we will continue to drive allergen management improvements and help our customers navigate this challenging landscape.
Click here to find out more on how Bidfood can support you with allergens.
Also if you’re looking to learn about kitchen safety, menu planning and food hygiene? Use our free online staff training platform Caterers Campus.

We encourage all food business operators to have a look at the FSA allergen guidance, which can be found here.

Sources:
*Food Standards Agency, Patterns and Prevalence of Adult Food Allergy report