New FSA Allergen Guidance – updated March 2025

FSA New Allergen Guidance – March 2025.

Why? This guidance has been brought in as a response to requests made by the family of Owen Carey a young man who died as a result of eating a meal out with his friend to celebrate his 18^th Birthday. The guidance will aims to ensure food businesses provide customers with food allergens with adequate information to make an informed choice when eating food out of the home.

Is this guidance a legal requirement? No – guidance informs a business how to comply to the legal requirements. Whilst it is not a legal requirement it is strongly advisable to follow the guidance. Following the guidance could provide you with a due diligence defence if required.

Who is the guidance for? Anyone who serves food that is not packaged. E.g. restaurants, cafes, deli’s, takeaways etc.

What is required?

Put simply:  All allergen information should be written, and staff should be asking customers if they have any allergen requirements.

Written allergen information:

• Allergen information should be easy to use, clear, comprehensive and accurate.
• Written allergen information should be available in writing, on the menu, digitally, on the food items on display, in a booklet.
• Put simply: – A person with an allergen should be able to walk into a food outlet and the allergen information should be accessible without asking. They should be clearly directed to the allergen information.

What if we change our menu regularly? Allergen information can be provided on a separate menu.

If the allergen information is not on the menu there should be a sign/notice in a prominent place informing customers to ask for the allergen information.

All staff should know where to access the allergen information.

What method should a business use?

• A method appropriate to the business: On paper on the menu, digitally, labels on foods.
• If you choose a digital option, you need to provide an alternative method in the event of a digital failure or customer not being able to access the digital version.
• All information has to be up to date and accurate.

Online Orders:

Allergen information needs to be available before the customer make the order.

If this is not possible the customer must be clearly directed to contact the business for allergen information.

If an allergen meal has been ordered, you must clearly mark it as the ‘allergen’ meal. Either with a sticker or writing on the containers.

Pre-order for large bookings/events:

Even if you have been supplied with allergen information of customers attending the event, you must repeat the conversation with those customers on the day of the event.

‘Free From’ Claims:

These claims should only be made if you can confirm them to be true. E.g. gluten free bread supplied from a manufacturer who has verified their claim.

If there is a risk of cross contact, you can indicate that a meal ‘may contain’

Have a conversation: Communication should be Prominent, clear, (Please talk to us if you have any allergies), simple, (do you have any allergies)  empathetic, motivating.

Then establish:

• What foods the customer needs to avoid.
• Has the customer seen the written allergen information
• Is there a risk to the customer of cross contact
• Does the customer shave enough information to make an informed decision.
• Always check the allergen information – is it safe to adapt- check with the kitchen and the customer.

Having a conversation helps the person with allergens talk about there requirements.

The business should encourage that conversation.

Staff should be trained to have a conversation about allergens and know where to find the allergen information.

Staff should be trained to understand the difference between an allergy ( could lead to death),  intolerance( can cause illness) and Coeliac Disease.

Taking Orders:

• Who takes the order?
• Who has the chat?
• All staff should know the procedure

Communicating:

• Make sure the person preparing the meal is informed of any allergen requirements? Do you use a button on the till? Is the order in red, do you need to talk to chef?
• Make sure the customer is aware of the risk of cross contact. E.g. there is a high risk of fish cross contact in a seafood restaurant.
• Can the meal be adapted?

Serving the meal:

• Chef needs to communicate with the server. Eyeball the server and the server eyeball the customer ‘this is the gluten free meal’. Highlight the meal with a flag. Serve one dish

If the business is unable to ask all customers, they should have a sign in the eyeline of the customers at the point of ordering and/or on the menu. Preferably at the top of the menu.

Best option:  A Notice/sign and ask the customer.

 Voluntary Claims:

• Only make a ‘free from’ claim if you can prove it.
• Do not use the same document to inform customers of product that contain and do not contain in the same document e.g. a list of products  without nuts  and a list of products with nuts on the same document.
• Use ‘may contain’ as a precautionary warning if you know there is a risk of cross contact.

Other allergens:  Have the ingredients list for all products for customers who are allergic to other foods not included in the list of 14.

Legal Requirements:  All information must be up to date and accurate.

• Keep a record of ingredients – regularly check ingredients in products have not changed.
• Minimise occasions where last minute changes are made -if it does – update the allergen information.
• Regularly check allergen information is correct
• Keep records of recipes and ensure all staff follow the recipe. It must be the same every time.
• Have approved supplier’s with supply chain assurances such as SALSA/ BRCGS.
• Check with suppliers to give up to date information and ask them to inform you of any changes
• Have a written allergen policy – SFBB

 

Further details and resources:

Allergen Information for Non-Prepacked Foods Best Practice: Summary | Food Standards Agency

Download your allergen icons and posters | Food Standards Agency

Allergen Information for Non-Prepacked Foods Best Practice: Annexes | Food Standards Agency