Calorie menu labelling

What does your food business need to do to meet April 2022 calorie labelling regulations?

Calorie labelling regulations logo

The government has announced that calories will be labelled on menus and food labels in certain ‘out-of-home food businesses’ from April 2022. Out of home refers to business that prepare food for immediate consumption by its customers, such as cafes, restaurants, pubs and take-aways.

What businesses does this affect?

The new legislation means that large businesses with 250 or more employees in England, including cafes, restaurants and takeaways, will need to display the calorie information of non-prepacked food and soft drink items that are prepared for customers. In some circumstances, franchisees are deemed to be a part of their franchisor’s business and therefore employee numbers are calculated across the whole business.

When does it come into force?

The legislation comes into force from 6th April 2022, for the businesses outlined above

How must calorie information be displayed?

Calorie information will need to be displayed at the point of choice for the customer, such as physical menus, online menus, food delivery platforms and food labels

Businesses are also required to display the statement ‘adults need around 2000 kcal a day’ on their menus where food is chosen from a menu, or otherwise on a label where it can be seen by customers when making their food choices. Children’s menus are exempt from displaying the statement referencing daily calorie needs as the calorie requirements of a child are less than that of an adult

Why is this legislation being brought in?

The measures, which form part of the government’s wider strategy to tackle obesity, will help to ensure people are able to make more informed, healthier choices when it comes to eating food out or ordering takeaways

When must smaller businesses comply with the new calorie labelling legislation?

At the present time, no plans to introduce this legislation into smaller food businesses have been announced

What are the penalties for non compliance?

This has yet to be announced

Are there any exemptions?

Specific exemptions applying to food include:

  • • Temporary menu items on sale for less than 30 consecutive days and a total of 30 days in any year.
  • • Food which is ‘off menu’ and made available or prepared differently to the way it is normally prepared, at the request of the customer.
  • • Alcoholic drinks over 1.2% alcohol by volume.
  • • Condiments which are provided to be added by the consumer (not including condiments which are part of the food served).

The Regulations also specify exemptions for food which is served:

  • • On an international aircraft, train or ferry to or from a country that is not part of the UK.
  • • By a charity in the course of its charitable activities.
  • • At an institution providing education to children under 18 years.
  • • To patients (not for payment) at a hospital or other medical establishment or to residents of a care home or other social care institution.

Anything else we need to know?

At the moment, guidance is still being written. As updates are available, The Safer Food Group will update and add to this post. Our training courses are regularly updated to capture the latest relevant food safety regulations – check out www.thesaferfoodgroup.com for more info. If you would like to learn more about calories and menu planning, have a look at our Level 2 Nutrition course.

Natasha’s Law in health and care settings

What does your setting need to do?

The UK Food Information Amendment – Natasha’s Law – came into force in October 2021. An important development in helping prevent the serious effects of food allergies, this law amendment deals with labelling products that have been packed on premises ready for sale. It was brought into force to strengthen the 2014 Food Information to Consumers legislation, and followed a period of dedicated campaigning by the parents of Natasha Ednan-Laperouse, who tragically lost her life after eating a sandwich containing the allergen sesame. At the time, foods prepared in house and packaged for later sale were not required to be labelled individually.

What is Natasha’s Law and who does it affect?

Natasha’s law applies to any business or food operation that is preparing, packing and then later selling food from the same premises, or from a mobile stall or vehicle. This includes: cafes and coffee shops, takeaway and fish & chip restaurants, sandwich shops, farm shops, as well as work, school and hospital canteens. Voluntary and charity organisations who undertake fundraising events such as bake sales will also need to consider how they package their goods and whether they need to apply the new rules.

How does Natasha’s Law apply in a care or health setting?

Within care and health settings many foods are prepared and served directly to residents and patients – the new rules do not apply to these foods, although they will be covered by existing food safety regulations, including those relating to allergens. Some settings prepare, sell and distribute meals to customers off-site (e.g. ‘Meals-on-wheels’ services); these will typically be covered by regulations for distance selling of food. Where settings prepare and pre-package food for sale to customers – for instance to visitors to their café or restaurant – they will need consider Natasha’s Law and how to apply the correct labelling to those foods.

When does it come into force?

Natasha’s law was created in September 2019, and came into force in October 2021 throughout the UK.

What foods are covered by Natasha’s law?

Any food which is Pre-Packed for Direct Sale (PPDS); that means prepared in-house, wrapped or placed in packaging, ready for the customer. This includes food that customers select themselves, as well as pre-wrapped items that are kept behind a counter.

What are PPDS foods?

Examples of PPDS items include:

  • Sandwiches, pies, burgers, ready meals or cakes/baked goods prepared and packaged by a food business before the consumer selects them
  • Foods prepared and packaged and sold at a market stall
  • Wrapped deli counter goods such as cheese and meats, and boxed salads placed on a refrigerated shelf prior to sale
  • Freshly made pizza or boxed salads from a supermarket deli counter which are packed on site and refrigerated prior to sale
  • Mixed bags of sweets which are made up, packaged and sold on the same premises or from a mobile unit such as an ice cream van.

For further help, use this tool created by the FSA.

What must we do?

All PPDS products will need to be clearly labelled with the name of the food and a full list of all ingredients. Any named allergens (from the 14 named allergens list) must be highlighted within the ingredients list, for example by printing them in bold, italics or a different colour. An exception to this rules is products with a surface area of less than 10cm2 – if this applies to your products, have a look at the FSA website to understand your responsibilties.

What are the penalties for non compliance?

Businesses failing to follow the new rules could face a fine of up to £5,000 per offence. But more importantly, the damage to the reputation of your business if a serious allergy incident occurs is almost impossible to calculate.

What else should I think about?

The death of Natasha Ednan-Laperouse highlights the importance of food allergen awareness within all food businesses and operations. As well as considering the physical labelling requirements, food businesses should also take this opportunity to think about their production process and staff training implications. It is vital that your food operation has a clear allergen policy, which allows both staff and customers to understand any risks that are present to allergy sufferers. Staff must fully understand any processes that they are expected to undertake when creating meals that fulfil any allergy-free claims you make, and those who communicate with customers must be able to do so truthfully and confidently.

All Safer Food Group training courses that contain allergy awareness advice include guidance on Natasha’s Law – and our all new Level 2 Allergy Awareness course for food handlers has been entirely updated and relaunched in September 2021, to comprehensively cover this subject.

Whilst Natasha’s law makes information more readily available and therefore easier for staff to communicate accurate ingredients information, the key message for all staff in food preparation is the importance of consistency in and clear communication of ingredients and recipes. Allergen training, whether in-house or with certified training courses, is a vital step in keeping your customers, staff and your business safe.

Preparing for Natasha’s Law

Is your business ready?

The UK Food Information Amendment – Natasha’s Law – will come into force in October 2021. An important development in helping prevent the serious effects of food allergies, this law deals with labelling products that have been packed on premises ready for sale. It was brought into force to strengthen the 2014 Food Information to Consumers legislation, and followed a period of dedicated campaigning by the parents of Natasha Ednan-Laperouse, who tragically lost her life after eating a sandwich containing the allergen sesame. At the time, foods prepared in house and packaged for later sale were not required to be labelled individually.

What is Natasha’s Law and who does it affect?

Natasha’s law applies to any business that is preparing, packing and then later selling food from the same premises, or food that is packed and then sold from a mobile stall or vehicle. This includes: cafes and coffee shops, takeaway and fish & chip restaurants, sandwich shops, farm shops, as well as work, school and hospital canteens. Voluntary and charity organisations who undertake fundraising events such as bake sales will also need to consider how they package their goods and whether they need to apply the new rules.

When does it come into force?

Natasha’s law was created in September 2019, and comes into force in October 2021 throughout the UK.

When will Natasha’s Law apply in Scotland, Wales and Northern Ireland?

Scotland, Wales and Northern Ireland authorities have confirmed that the law will be adopted throughout the whole of the UK from October 2021.

What foods are covered by Natasha’s law?

Any food which is Pre-Packed for Direct Sale (PPDS); that means prepared in-house, wrapped or placed in packaging, ready for the customer. This includes food that customers select themselves, as well as pre-wrapped items, kept behind a counter.

What are PPDS foods?

Examples of PPDS items include:

  • Sandwiches, pies, burgers, ready meals or cakes/baked goods prepared and packaged by a food business before the consumer selects them
  • Foods prepared and packaged and sold at a market stall
  • Wrapped deli counter goods such as cheese and meats, and boxed salads placed on a refrigerated shelf prior to sale
  • Freshly made pizza or boxed salads from a supermarket deli counter which are packed on site and refrigerated prior to sale
  • Mixed bags of sweets which are made up, packaged and sold on the same premises or from a mobile unit such as an ice cream van.

For further help, use this tool created by the FSA.

What must we do?

All PPDS products will need to be clearly labelled with the name of the food and a full list of all ingredients. Any named allergens (from the 14 named allergens list) must be highlighted within the ingredients list, for example by printing them in bold, italics or a different colour. An exception to this rules is products with a surface area of less than 10cm2 – if this applies to your products, have a look at the FSA website to understand your responsibilties.

What are the penalties for non compliance?

Businesses failing to follow the new rules could face a fine of up to £5,000 per offence. But more importantly, the damage to the reputation of your business if a serious allergy incident occurs is almost impossible to calculate.

What else should I think about?

The death of Natasha Ednan-Laperouse highlights the importance of food allergen awareness within all food businesses. Any business that sells or is planning to sell pre-packed foods would be sensible to consider their operations and processes now, in order to allow all required changes to be in place and tested before October 2021.

As well as considering the physical labelling requirements, food businesses will also need to think about their production process and staff training implications. It is vital that your business has a clear allergen policy, which allows both staff and customers to understand any risks that are present to allergy sufferers. Staff must fully understand any processes that they are expected to undertake when creating meals that fulfil any allergy-free claims you make, and those who communicate with customers must be able to do so truthfully and confidently.

All Safer Food Group training courses that contain allergy awareness advice include guidance on Natasha’s Law – and our all new Level 2 Allergy Awareness course for food handlers has been entirely updated and relaunched in September 2021, to comprehensively cover this subject.

Whilst Natasha’s law makes information more readily available and therefore easier for staff to communicate accurate ingredients information, the key message for all staff in food preparation is the importance of consistency in and clear communication of ingredients and recipes. Allergen training, whether in-house or with certified training courses, is a vital step in keeping your customers, staff and your business safe.