| 12 January 2006
EHP finds out how the new food allergen labelling laws affect us. Dr Ian Leitch and Hazel Gowland answer questions on the legislation. Dr Leitch is a senior EHP for Omagh DC working in food control. Hazel Gowland is an expert in food allergies
New food labelling legislation is enforceable from 25 November 2005 through the Food Labelling (Amendment) (No.2) Regulations 2004 and the Food Labelling (Amendment) (No.2) Regulations 2005. How will these help people with food allergies?
People with severe food allergies need to avoid certain foods, sometimes in very small amounts. In recent years food-labelling legislation has been amended to help them, particularly by removing the 25 per cent rule. This legislation came into force on the 26 November 2004 and was implemented on 25 November 2005. From that date all pre-packed food and drink has had to comply with the new labelling rules, the only exception being foods labelled before that date which may be sold while stocks last.
What was the 25 per cent rule?
A manufacturer was required to list ingredients in descending order of weight but there was an exclusion for ingredients if they were part of a compound ingredient that was less than 25 per cent of the product, hence the 25 per cent rule.
Can you give an example?
If peanuts were part of a topping mix on a cake and the topping was less than 25 per cent of the product, there was no need to declare them even though they were recognised as major allergens.
The new legislation changes all that?
Yes. Manufacturers will now have to label any of 12 major food allergens on pre-packed foods when they are used as ingredients. In the UK , most reputable manufacturers and retailers have been implementing this labelling practice voluntarily for a number of years.
Does the new law apply only to pre-packed foods?
Yes. It doesn't cover the need to provide information on foods sold non pre-packed or pre-packed for direct sale – in restaurants, takeaways, open food counters etc. However, in these situations, the consumer should be able to obtain sufficient information (eg from menus or questioning staff), starting with accurate information about ingredients.
Is “may contain” labelling required by law?
No. The new law does not cover the need to communicate the possible presence of an allergen from cross-contamination (eg “may contain traces of nuts”). However, businesses are required to notify customers of any risks associated with consuming foods on sale under general consumer protection legislation.
What are the 12 allergenic foods that need to be declared under the new rules?
The list includes the following allergens: cereals containing gluten, crustaceans, fish egg, peanut, soybeans, milk, nuts (namely, almond, hazelnut, walnut, cashew, pecan nut, Brazil nut, pistachio nut, macadamia nut and Queensland nut) celery, mustard, sesame seed, and sulphur dioxide including sulphites. Molluscs are not listed but are often counted with crustaceans as “shellfish” in food safety risk assessments. The list may be changed over time based on scientific validation.
Are there any exemptions now?
Yes. In some cases processing removes the allergenic risk from ingredients derived from some of the foods on the list. The commission has recognised this and granted them a temporary labelling exemption through the Food Labelling (Amendment) (No.2) Regulations 2005.
It's quite confusing then?
No. As long as the EHP reads both pieces of legislation together, they can find out the list of allergenic ingredients to be labelled and those exempted from the labelling requirements.
Do these lists cover all the major allergens?
No, there are many other food allergens, which have been omitted from the list because they are less common, but can be just as dangerous to a minority of food allergic individuals. In the UK, we're seeing increasing numbers of severe reactions to kiwi fruit (which is related to hazelnut) and lupin (flour) used in a wide variety of foods including yogurt fillings, continental bakery, some pastas and batters.
Why does the new labelling legislation include foods such as mustard, celery and sulphites?
Because our food labelling legislation comes from Brussels it reflects the needs of the wider EU population. For example, mustard and celery are prevalent food allergens in those countries, which consume them widely, (particularly France and Germany ) but not in the UK . Sulphites (above 10mg/kg) are not a food protein but are known to trigger asthmatic symptoms in some sensitive individuals.
What is the impact of food allergy in the UK ?
True (IgE mediated) food allergy affects about 1-2 per cent of the adult population and up to 8 per cent of children. Many children are at risk from allergies to milk and other foods in early childhood, which they usually outgrow. However, nut and peanut allergies in children over seven tend to last for life. About 1 per cent of the adult population may suffer life-threatening symptoms to a food (peanuts, nuts, sesame, eggs, shellfish, fish being the most common) and one child in 50 now has peanut/nut allergy.
What is the relationship between food allergies, food intolerances and coeliac disease?
Food allergies involve the sensitisation by and subsequent allergic reaction to a food allergen. The reactions may vary in severity and may include allergic asthma. On some occasions, symptoms may lead to anaphylaxis and become life-threatening, with reactions taking place often within minutes.
Coeliac disease is a particular intolerance to gluten proteins in some cereals, which work via the immune system to prevent proper gut function, which can lead to gastro-intestinal upset and eventually malnutrition. The treatment for coeliac disease is avoidance of gluten, in some cases at very low levels.
Food intolerances often involve milk or wheat, though a wide range of other foods may trigger problems. Food intolerances are rarely fatal but can cause gastro-intestinal upset and debilitation.
My job includes advising restaurants and takeaways on food safety. What controls do they need to have in place to protect allergic people?
Food hygiene legislation requires a food business to undertake a hazard analysis and implement appropriate controls. This includes the need to look at allergy risks. Food businesses should examine every aspect of their activity to understand ways in which they might sell something for which they couldn't identify the ingredients or which might be inadvertently contaminated by a key allergen. This begins with an in-depth knowledge of supplier information and a double check that food delivered matches the specification expected. (Better allergen labelling on foods bought in will help here). Further risks may arise from decanting and storage, inadequate allergen controls in preparation or service, poor menu information, a lack of understanding about food allergy risks or poor training. If customers are encouraged to explain about their allergy and staff are ready to receive their inquiries and find something suitable, that is the most effective route.
Have there been any criminal prosecutions against food sellers who have sold food, which has caused a reaction in a person with an allergy?
A number of prosecutions have been taken under section 14 of the Food Safety Act 1990 – usually in cases where the food sold was not of the substance demanded by the purchaser. One recent case involved a prosecution under section 15 of the Food Safety Act 1990 when a food business misinformed a customer who asked about the presence of an allergen in a food on sale. She suffered a severe reaction and emergency treatment in hospital.
What is the FSA doing about food allergies and intolerances?
The FSA contracts leading allergy doctors and scientists to look at why and how people become allergic, the kind of foods causing allergy and how allergy risks can be reduced or controlled.
Its allergy team is the focal point for food industry, enforcement and consumer-led activities looking at controlling allergy risks and improving the way in which consumers find out what is in foods on sale. They are currently working on the training needs of food enforcement officers.
© 2006 Chartered Institute of Environmental Health
|
