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>Food
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Food
NEW Allergen Warning Requirements
From November 2005 the following 12 allergens will have to be declared on food labelling. The allergens are:
The new rules require foods containing these ingredients to make a clear reference to the allergen name when they are used in pre-packed foods.
Guidance notes on the Regulations are available on the Food Standards Agency website.
The new rules also remove the '25% rule' which allowed a compound ingredient to be given in the ingredients list without details of its individual components provided it was less than 25% of the product. Now all compound ingredients must declare their individual components. Another change is that the category names 'crystallised fruit' and 'vegetables' may no longer be used without specifying their ingredients.
Products not complying with the new rules should not be sold from 25th November 2005, although products that were labelled before this date may be sold while stocks last.
Ingredients Exempt From Allergen Requirements
Not all ingredients that have to be indicated under the new rules will necessarily be allergenic in practice. In some cases, processing that the ingredient has undergone will remove the allergenic factor. In recognition of this, some ingredients have been temporarily exempted from the allergen labeling rules until November 2007. Guidance notes on this are available from the Food Standards Agency website.
Guidance On Allergen Control And Advisory Labelling
In addition to the above, the Food Standards Agency have published draft guidance on voluntary best practice advice to food producers and retailers on how to assess the risk of cross contamination of a food product with an allergen and then to decide whether advisory labelling would be appropriate. The draft guidance can be viewed on the Food Standards Agency website.
General Food Legislation
The primary legislation which sets out requirements for food sold in the UK is the Food Safety Act 1990. This, together with ancillary legislation regulates the composition and labelling of foods, food safety and hygiene, and standards for trading and marketing of foods. Almost all the UK food legislation incorporates EU directives and regulations resulting in harmonised legislation throughout Europe for almost all foods.
The Food Safety Act sets out 4 main offences:
The FSA has published a (lengthy) guide to UK food law which can be viewed at: http://www.food.gov.uk/multimedia/pdfs/foodlaw.pdf
In addition to the Food Safety Act, the General Product Safety Regulations apply to food and drink. More information can be found on our General Product Safety page.
Trade Descriptions
The Trade Descriptions Act 1968 applies to food products. More information on the effect of this legislation is available on our Trading Law Overview page.
Food Labelling Regulations
The Food Labelling Regulations 1996 specify requirements for labelling, presentation and advertising of food, nutrition labelling and amendments to the regulations brought in additional requirements such as quantitative ingredients declaration (known as QUID). The main requirements of the labelling regulations cover:
Requirements are laid out which affect any nutrition claims made and a prescribed format for nutrition information is set out. Medicinal claims are prohibited.
Guidance notes are available from the Food Standards Agency in relation to the Food Labelling Regulations which can be accessed at: http://www.food.gov.uk/multimedia/pdfs/Fguidnot1.pdf
Lot Marking
The Food (Lot Marking) Regulations 1996 require each food product to be marked with a code identifying the batch in which it was produced in order to facilitate product recall.
Colours, Sweeteners And Miscellaneous Additives
Regulations cover the use of additives in food including colours, sweeteners and 'miscellaneous additives' such as preservatives and stabilisers. Permitted substances are listed and many are restricted as to the amounts that can be used. Flavourings are also controlled by regulations.
Regulations also exist which aim to limit contamination of foods with substances such as aflatoxins, arsenic, pesticides and heavy metals.
Packaging materials and products intended to come into contact with food must not transfer their constituents to food in quantities which could endanger human health or make the food otherwise unacceptable to consumers. Regulations also specify requirements for labelling materials and articles as suitable for food contact use and restrict the use of certain substances in the manufacture of food contact materials.
If you need assistance with any of the above legislation, please give Jane a call on 01234 326379 or email us through our Contact Us page. An initial discussion is free of charge.
Product Specific Legislation
Specific legislation applies to the following product categories. If your product is listed and you would like more information, please give Jane a call on 01234 326379 or email us through our Contact Us page. An initial discussion is free of charge.
Please note: The information given is based on interpretation of current applicable legislation. Please note that only the courts can interpret statutory legislation with any authority. |
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