Food Allergen Labeling: A Guide For Manufacturers

Food allergen labeling is a crucial aspect of UK food labeling regulations. Carrying significant implications for both consumer safety and business integrity, allergen labeling regulations require thorough understanding and strict compliance. 

This article aims to guide food manufacturers through the critical aspects of food allergen labeling by exploring legal requirements in the UK. We highlight the importance of aligning business practices with these regulations, to ensure consumer safety and maintain the business’s standing in the market. 

Table of Contents

• What is Food Allergen Labeling and Why is it Important?
• Which Allergens are Required to be Displayed?
• How Should Allergens be Displayed on Food Labels?
• What is Precautionary Allergen Labeling and When Should it be Used?
• Are There Any Exemptions for Food Allergen Labeling?
• Things People Might Not Realise Contain Allergens
• Using ‘Free-From’ Claims in the UK
• Further Support With Allergen Labeling

What is Food Allergen Labeling and Why is it Important?

Food allergen labeling refers to the mandatory inclusion of information about allergenic ingredients in the labeling of pre-packed and pre-packed for direct sale foods. This information is crucial for individuals with food allergies, as the consumption of even a small amount of an allergenic ingredient can cause severe, and sometimes life-threatening, allergic reactions.

In the United Kingdom, it is a legal requirement for food businesses to provide accurate information about the presence of allergenic ingredients in their products. This is defined by harmonised EU legislation the Food Information to Consumers Regulation (EU) No. 1169/2011, also known as ‘FIC’ which has been retained in UK legislation.

Whether the presence of an allergen is deliberate (in relation to an ingredient) or resulting from the processing of the food, it must be labelled. This is to protect individuals with food allergies and, by extension, food businesses themselves. Failure to comply with these regulations can result in legal repercussions and damage to a business’s reputation.

Which Allergens are Required to be Displayed?

There are hundreds of foods that have been found to cause allergic reactions in individuals globally. Of these, the UK government has identified 14 major allergens that must be declared on food labels, which are:

• Celery
• Cereals containing gluten (such as wheat, rye, barley and oats)
• Crustaceans (like prawns, crabs, and lobsters)
• Eggs
• Fish
• Lupin
• Milk
• Molluscs (such as mussels and oysters)
• Mustard
• Peanuts
• Sesame seeds
• Soybeans
• Sulphur dioxide and sulphites (at levels above 10mg/kg or 10mg/L)
• Tree nuts (such as almonds, hazelnuts and walnuts). 

If any of these allergens are present in a food product, they must be clearly labelled on the packaging.

The choice of these particular allergens is based on their potential to trigger severe allergic reactions. This list might evolve over time in response to advancements in scientific research, consumer dietary patterns and the changing regulatory landscape post-Brexit. When launching products in countries outside the UK, it is important to get to know the local allergen regulatory requirements, as the allergens list and the format for labeling do change depending on the market.

How Should Allergens be Displayed on Food Labels?

Allergens must be clearly displayed on food labels. The name of the allergen should be highlighted in either bold text or different font size to make it easily noticeable.

The allergenic ingredient should be listed in the ingredients list, with the allergen’s name highlighted. For example, “milk” should be displayed instead of a general term like “dairy”. Derivatives, such as lactose or whey must be declared with a clear reference to the allergen, for instance, “whey (milk)”.

What is Precautionary Allergen Labeling and When Should it be Used?

Precautionary allergen labeling is used when there’s a risk of cross-contamination with an allergenic ingredient during the manufacturing process, even if the allergen is not an intentional ingredient in the final product. While not a legal requirement, it is recommended by the UK Food Standards Agency only if justifiable where production risks have been properly assessed.

Warnings such as ‘may contain nuts’, ‘made in a factory that also handles milk’, or ‘not suitable for people with allergies to peanuts’ are examples of precautionary allergen labeling. These warnings are designed to inform consumers of the potential risk of allergen contamination, even if the product does not contain the allergen as an ingredient.

However, using such labeling without a genuine risk is misleading and negatively impacts consumer trust. It should not substitute Good Manufacturing Processes (GMP).

Are There Any Exemptions for Food Allergen Labeling?

Foods that are non-prepacked (loose), such as those sold at a market or in a restaurant do not require labeling. However, allergen information must still be communicated through other means, like verbal communication from a member of staff or detailed on a menu.

Additionally, tree nuts do not include ingredients like pine nuts, coconut or chestnuts. Highly processed ingredients, such as wheat-based glucose syrup, dextrose, maltodextrins, fully refined soybean oil and fat, are also exempt. Some small businesses might be exempt from allergen labeling requirements if they can demonstrate that it would be impractical or disproportionate to comply with the regulations.

Things People Might Not Realise Contain Allergens

Navigating the world of allergens isn’t always straightforward. Ingredients, additives or processing aids derived from an allergenic ingredient still need to clearly reference the allergen. For example, labels should include indications like “flavourings (contain celery)” to guide consumers who may be allergic to celery.

When it comes to spice mixtures, even if they account for less than 2% of the product, allergens must be clearly stated. So, a label should read “ground spices (contains mustard)” if the mixture contains mustard.

Similarly, sulphites declaration is required when they’re present at more than 10ppm in the final product. How you declare them depends on their role in the food product. For instance, if sulphites are present and performing an additive function in the final product e.g. acting as a preservative in apricots, you’d label them as “apricots (apricots, preservatives (sulphur dioxide)”. If they’re not performing an additive function in the final product e.g. present via carryover and no longer performing a function, the label might read “apricots (sulphites)”.

Alcoholic beverages with more than 1.2% by volume of alcohol don’t need an ingredient list, but they still need to clearly state any allergenic ingredient. For example, you might see “Contains sulphites” or “Contains barley” on the label. 

Using ‘Free-From’ Claims in the UK

Free-from claims help consumers identify products that do not contain the allergenic ingredient that could trigger a reaction. In the UK, there is no specific legislation that governs how to apply free-from to your products (except for gluten). The over-arching rule of using a claim is that it must not mislead consumers and you should be able to substantiate its use with evidence. It is a food business operator’s responsibility to ensure that comprehensive risk assessment, allergen management, testing plans and traceable product information exist to demonstrate that the allergenic substance cannot be detected in the food before you decide whether to use a ‘free-from’ claim.

Further Support With Allergen Labeling

Food allergen labeling is a critical aspect of food manufacturing, protecting individuals with allergies and safeguarding businesses against legal repercussions and reputational damage. Manufacturers must be vigilant about accurately displaying all major allergens and potential cross-contaminants on their food labels. While there are some exemptions, these should not be exploited as loopholes but understood in their correct context.

As specialists in food labeling compliance, Ashbury can help you to overcome challenges around displaying the correct allergen information on your products in the UK and abroad. Learn more on our website or contact us for tailored advice.