Treat or Trick?

Make Hallowe’en allergy-safe

October 2021 marked significant changes in food labelling legislation throughout the uK. The introduction of Natasha’s Law, in response to the tragic death of Natasha Ednan-Laprouse, imposed additional labelling requirements onto foods classified as PPDS – pre-packed for direct sale.

One year on, have these changes led to an improved situation for customers? YouGov research suggests that almost two thirds of consumers are still unaware of the stricter rules now followed by food outlets. More significantly, 45% of respondents to the survey said that lack of confidence in food handlers’ allergy awareness prevented them from buying food from certain outlets.

What can we do to improve this situation in our food businesses?

  • Be aware of all relevant food legislation

For instance, do the latest legislative amendments apply to your business? PPDS is food that is produced and packed on site for later sale, so your Hallowe’en range might introduce items such as pre-packed cakes and biscuits, wrapped toffee apples, and sweet cones. Do you know how to label these foods, and how this differs to other food in your range? Take time to understand your legal duties and make sure you’re fulfilling them in your business

  • Take a proactive approach

Don’t wait for a customer to ask you about allergens – ask them first. Some customers, especially younger or less confident ones, may hesitate to ask, even if they know they have a specific allergy. Giving them an opportunity to tell you about allergies increases their confidence in your professional approach to food safety

  • Train your team

Allergens can be a scary subject. Getting it wrong can be fatal, so it’s no wonder some food handlers are not confident about talking to customers about their needs. Help your team out by getting them properly trained – a Level 2 course will give them the fundamental understanding of allergenic ingredients and how to deal with them, as well as equipping them with the skills needed to communicate with customers. Level 3 training is suitable for supervisors required to risk assess their food business, and implement suitable systems, processes and communication methods, to ensure they are both legally compliant AND safe for customers with allergies.

When you understand allergenic ingredients and how to deal with them in your business, it’s not such a spooky subject! Let’s keep everyone safe this Hallowe’en and beyond.

Further Reading

‘One year on from Natasha’s Law consumers are still in the dark about allergy labelling’ – BSI, October 2021

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.