Food Standards Agency Scotland

Food Allergen Labelling

New Statutory Requirements and Other Initiatives

Susan Pryde/Christine Green

Food Labelling/Standards, Diet and Nutrition

Food Standards Agency Scotland

What is food allergy and food intolerance?

Food Allergy

• A reproducible adverse reaction to a food or food ingredient that involves the immune system - e.g. peanuts, tree nuts fish and shellfish, eggs and milk

Food Intolerance

• A reproducible adverse reaction to a food or food ingredient that does not involve the immune system - e.g. lactose intolerance

Gluten Intolerance

Possible Symptoms

• rashes (usually very itchy)

• tingling sensation in the mouth

• swelling of the lips, tongue, face and throat

• difficulty breathing

• diarrhoea

• vomiting

• abdominal cramps

• and, on rare occasions, anaphylaxis

Symptoms can appear within minutes, or up to several hours after the person has eaten the food they are allergic to. They can include:

How common is food allergy?

• Prevalence of different food allergies not well established

• 20 - 30% of UK population think they have an adverse reaction to food

• Tests show 1-2% of adults and 5-8% of children have food allergies

• Recent FSA consumer research shows that 12% of consumers look at food labels for allergen information (Consumer Attitudes Survey 2004)

Types of Allergen Labelling

Statutory Requirements

• Deliberate ingredients in pre-packed foods

Voluntary Initiatives/Best Practice Guidance

• Accidental contaminants in pre-packed foods - “May Contain” labels

• Non pre-packed foods and foods pre-packed for direct sale

New EU Legislation Directive 2003/89/EC

• Established a list of specified ingredients for which ingredients listing exemption should not apply because of link with allergy/intolerance

• Requires that products derived from these allergens be labelled with reference to that allergen

• Makes provision for the list to be revised

Amends 2000/13/EC (OJ publication November 2003)

Directive 2003/89/EC

• Cereals containing gluten*

• Crustaceans*

• Eggs*

• Milk*

• Fish*

• Peanuts*

• Soybeans*

• Nuts*

• Sesame seeds*

• Celery*

• Mustard*

• Sulphite (=/>10mg/kg or 1)

Specified allergens list

*And products derived from them

Directive 2003/89/ECIndication of allergenic ingredients on

pre-packed Foods

Scope: Total

• Covers all deliberately added allergenic ingredients and their derivatives

• Includes carry-over additives, additives used as processing aids and solvents and media for additives/flavourings

• Applies to alcoholic drinks

• Removes 25% rule

Directive 2003/89/EC

Timing of Implementation

• Came into force 26 November 2004

• Compliance by 25 November 2005

• Products marked and labelled before this time can continue to be sold

Implementing Domestic Legislation

• Food Labelling Amendment (Scotland) (No. 2) Regulations 2004

Drawing up a Provisional List of Exempt Derived Ingredients

• Recognition that not all ingredients derived from allergenic foods may be allergenic

• Submissions from industry to the Commission

• EFSA consideration of the dossiers and published opinions

• Commission Directive 2005/26/EC - list of provisional exemptions

• EFSA responsible for reviewing this list

http://www.efsa.eu.int/science/nda/nda_opinions/catindex_en.html

What about other derived products not on the provisional

list?• Industry can make submissions for an exemption from

labelling for other derived ingredients at any time

• Submissions should be supported by scientific information

• Dossiers will be examined by EFSA

• Final list of exemptions to be published by November 2007

Implementation of Directive 2005/26/EC

1. Provisions of the Directive apply from 25 November 2005

2. Draft Food Labelling Amendment (No. 2) (Scotland) Regulations 2005 issued for consultation

3. SSI laid before Parliament

4. SSI to come into force

Correcting Directive 2005/63/EC

• Amended Directive 2005/26/EC

• 3 December deadline for adoption

• Implemented in Scotland by The Food Labelling (No. 3) (Scotland) Regulations 2005

Types of Allergen Labelling

Statutory Requirements

• Deliberate ingredients in pre-packed foods

Voluntary Initiatives/Best Practice Guidance

• Accidental contaminants in pre-packed foods - “May Contain” labels

• Non pre-packed foods and foods pre-packed for direct sale

‘May Contain’ Labelling

History

• Anaphylaxis Campaign Report

• Focus Group Research

• Stakeholder Meetings

Consumer Concerns

• Finding the warning label

• Do different wordings reflect different levels

• Restriction in choice

‘May Contain’ Labelling

Development of best practice guidance for industry on when to use such labels

• Amalgamation of existing industry guidance

• Drafting group - involves all stakeholders

• Consultation period ended 6 December 2005

• To be published in summer 2006

Approach being taken in the guidance on ‘May Contain’

advisory labelling

Hazard control approach, identifying:

• particular hazards and where they occur

• how, at these points, the hazards identified can be controlled (reduced or eliminated)

Leading to:

• an assessment of the risk posed

• a determination of the appropriate level of advisory labelling

Possible wording for advisory labelling

Possible options include:

• may contain (traces of) X - to be used, for example, where the product may be contaminated in the factory

• ingredient Y may contain (traces of) X - to be used, for example, where an ingredient may be contaminated further back along the supply chain

Non Pre-packed Foods and Foods Pre-packed for Direct Sale

• Provision of information on allergens

• Food Labelling Regulations 1996 - Definitions

• Initial Views

• Stakeholder Meetings

• The way forward

Current advice to caterers

• Food allergy and intolerance are important safety issues

• Caterers need to be able to answer consumers who ask for information on which ingredients are present in the foods being served

• But if caterers are not sure if an ingredient is present, they should say so and NEVER guess

www.food.gov.uk/safereating/allergyintol/caterers

Caterers - next steps

• Increasing awareness and use of this advice

• Training for caterers to include food allergy and intolerance issues

• Enforcement officers to include control of foods causing allergy and intolerance in discussions with food businesses

• Discussions with Hospitality Organisations

Contact DetailsSusan Pryde

Address: Food Standards Agency Scotland

6th Floor

St Magnus House

25 Guild Street

Aberdeen

AB11 6NJ

Telephone: 01224 285152

Email: susan.pryde@foodstandards.gsi.gov.uk