Draft Guidance on Allergen Control and Consumer Information

Possible cross-contamination latter is often indicated by the use of advisory labelling using the phrase �May Contain�.

This document sets out voluntary Best Practice Guidance on controlling food allergens, with particular reference to avoiding cross-contamination and using appropriate advisory labelling. This voluntary guidance has been developed by the Food Standards Agency with the help of food manufacturers, retailers, consumer groups and enforcement bodies. We would like your comments on this Draft Guidance on Allergen Control and Consumer Information, and a Partial Regulatory Impact Assessment, which cover England and Wales. Similar consultations are being carried out in Scotland and Northern Ireland.

This consultation has been prepared in accordance with the HM Government Code of Practice on Consultation, which states that a consultation must follow better regulation best practice, including carrying out an Impact Assessment (Regulatory Impact Assessment in Scotland). The assessment is included in the consultation documents.

We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process. If you would like to assist us to improve the quality of future consultations, please feel free to share your thoughts with us by using the consultation feedback questionnaire.

Consultation feedback questionnaire (Word)

Consultation feedback questionnaire (pdf)

In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. Responses will be open to public access upon request. The FSA will also publish a summary of responses, which may include personal data, such as your full name and contact address details. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.

Data protection form (Word)

Data protection form (pdf)

There is evidence that the number of people who have adverse reactions to foods such as cows� milk, tree nuts, and peanuts is increasing. People with food allergies and food intolerances, and people shopping for them, need clear labelling of both the use of allergenic ingredients and identification of possible cross-contamination with allergens, in order to make informed food choices. Although legislation requiring the labelling of deliberate allergenic ingredients comes into effect in November 2005, there are currently no statutory controls governing the labelling of possible allergen cross-contamination of foods along the food supply chain.

There is general agreement between the food industry, consumer support groups and enforcement bodies, that excessive use of warning labels about the possible presence of allergens not only unnecessarily restricts consumer choice but also devalues the impact of the warnings.

The Food Standards Agency has therefore produced this document setting out voluntary best practice advice to food producers and retailers on how to assess the risks of cross-contamination of a food product with an allergenic food or food ingredient and then to determine whether advisory labelling is appropriate. The purpose of this document is to set out general principles that can be applied to the control of specific allergenic ingredients in differing situations. This is intended to lead to a common understanding by food producers and retailers, enforcement bodies and consumers of when warning labels should, or should not, be used and what they mean for the affected consumer.

The guidance is aimed primarily at small and medium enterprises (SMEs), but will also be helpful for larger companies. It is also important that consumers with food allergies and food intolerances understand the meaning of any advisory labelling used on a product so that they can make appropriate food choices. The guidance is also relevant to enforcement bodies, who inspect and advise food businesses.

Some consumers have indicated that the use of symbols to alert them to the presence or absence of allergens would be helpful, such as the use of the �crossed grain� symbol to indicate products that can be consumed by those who need a gluten-free diet. However there would need to be a common approach taken so that it was clear whether the symbols were used as a warning to indicate the presence of the allergen, or in a positive way to indicate that the product was free from that particular allergen. In addition, in light of the range of allergens that could be involved, the use of individual symbols is not likely to be practical. One option would be to develop a single �allergen alert� symbol that could be used to help consumers find allergen labelling information, including both ingredients information and also possible cross-contamination information.

The guidance document gives advice on the phrases to be used to alert consumers to possible allergen cross-contamination. In the past, different approaches have been taken by different food businesses regarding the wording they have used, with some preferring to say that their product may contain a particular allergen (and sometimes expanding this to explain why), while others have preferred to say that products are not suitable for consumers with particular food allergies. There also seems to be some misunderstanding of the current wording used, with some consumers not appreciating that allergen labelling is used to indicate a potential risk, and that this means that on some occasions the allergen may be present but on others it will not.

Partial Regulatory Impact Assessment (RIA)
The purpose of this consultation is to seek views on the draft guidance document itself and also the impact it will have on food businesses. Views on the development of a single �allergen alert� symbol are also being sought. A Partial RIA has been produced and is attached below.

We would be grateful for your comments on a number of questions, as follows:

• Should this guidance be voluntary, or should some form of statutory control be introduced, and if so, what form should this take?
• Should the guidance apply only to the allergens previously associated with this type of advisory labelling (peanuts, tree nuts and seeds, such as sesame) or should it be more widely applicable? If so, how much more widely should it be applied? Should it apply to all the allergens covered by the statutory labelling requirements for allergic food ingredients or only part of that list?
• Are the phrases suggested to convey possible allergen cross-contamination appropriate? Do you have a preference for wording that uses the phrases �May Contain� or �Not suitable for�? Should the wording indicate that the allergen cross-contamination is likely to be present only on some occasions?
• What are your views on the suggestion for the development of a single �allergen symbol� to help consumers locate allergen labelling information?
• What would the impact be of this guidance if it remains voluntary, and what would be the impact of any statutory form of control? Does the partial RIA accurately reflect the cost implications for food businesses and are there any other implications for consumers, enforcement officers and businesses which should be taken into account?

Within three months of a consultation ending we aim to publish a summary of responses received and provide a link to it from this page.

If, after three months, the summary is still not showing, please contact the person who was responsible for the original consultation. Alternatively, you can contact Judith Taylor, the FSA Consultation Co-ordinator, on 020 7276 8633.
Email: judith.taylor@foodstandards.gsi.gov.uk