allergen labelling update

Allergen labelling rules require that the presence of certain specified allergenic ingredients must be indicated on labels whenever they or their derivatives are used as deliberate ingredients in pre-packed food.

When these requirements were introduced in December 2004, temporary exemption from allergen labelling was granted to some ingredients derived from the listed allergens which were highly processed and considered to have lost their allergenic properties.

This exemption lasted until November 2007 while the European Food Safety Authority (EFSA) evaluated the derivatives. Following EFSA’s assessment a list of permanent exemptions was drawn up and the European Commission issued a directive which consolidates into one list the allergenic food ingredients that must be labelled, and the derivatives of these allergens that are now permanently excluded from the requirement for labelling as, due to processing, they no longer contain the allergenic component.

The Food Labelling (Declaration of Allergens) (England) Regulations 2008 will bring this list of permanent exemptions into force in England on 31 May 2008.

Transitional arrangements are in place so that food placed on the market or labelled before 31 May 2009, which is in compliance with the previous legislation, can continue to be sold until stocks are exhausted.

The amending regulations can be found at: http://www.opsi.gov.uk/si/si2008/uksi_20081188_en_1.

For more information, please contact John Mitchell, partner in Blake Lapthorn's Food law team on 023 8085 7231 or email john.mitchell@bllaw.co.uk.