NATASHA’S LAW now in effect for pre-packed direct sales foods.

4 October 2021. By FACTS in Allergen Management

The parents of 15-year-old Natasha Ednan-Laperouse believe that her death could have been prevented if the wrapped sandwich she consumed had been labelled clearly. What transpired was the establishment of Natasha’s Law – an amendment to the EU Food Information to Consumers (EU FIC) regulations. It will see allergen information become more readily available to food-allergic and -intolerant consumers in the United Kingdom, helping them to make safe purchasing choices when buying pre-packed direct sales (PPDS) food items. For the estimated 1-2% of adults and 5-8% of children living with food allergies, incorrect or inaccurate allergen information can have serious implications.

Currently, pre-packed food and drink items that are manufactured in a food production facility must be clearly labelled with an ingredient list, and the allergen information emphasised. However, if a business is preparing PPDS food items on the premises where they are sold, they are only required to provide allergen information on request, either verbally or in writing. This will now change, bringing consistency of allergen information between PPDS and pre-packed food.

When does the law come into effect?

The UK Food Information Amendment was launched in 2019, with a two-year transition period for businesses to adapt to this regulatory change. Under this new allergen labelling law, all food businesses selling foods categorised as PPDS must be ready to comply from 1 October 2021.

Who must comply?

Businesses and restaurants in England, Scotland, Wales, and Northern Ireland will have to comply with the changes brought about by the legislation.

What is considered PPDS food?

Food that is fully or partially encased by packaging.
Food that cannot be modified without opening or changing the packaging.

Food that is ready for sale.

There are three categories of non-pre-packed food:

Food not packed, such as loose items (e.g., fresh fruits).
Food packed on the sales premises at the consumer’s request (e.g., a donut from the deli counter).
Food pre-packed on the premises for direct sale (PPDS) (e.g., wraps, sandwiches, salads, products packed and shelved).

If you are unsure whether your product classifies as PPDS, check out the Food Standards Agency’s food-labelling tool.

What is required?

The law will require food businesses to provide full ingredient lists and allergen labelling on PPDS foods. Small businesses whose recipes change constantly will need to consider investing in a label printer, to be able to update labels immediately with the new ingredients. View the full list of allergens from the Food Standards Agency (FSA).

Businesses falling in the PPDS category will have to look closely at their current food safety systems and critically evaluate the following four key areas, to comply effectively with the regulations:

• Suppliers

Implement a documented system for Supplier Quality Assurance. Businesses should take time to meet with their suppliers to define the preferred brands and agree a substitution process in the event these are not available. When a service-level agreement (SLA) has been agreed upon, the supplier should be added to the list of Approved Suppliers to be monitored. If the supplier does not meet the business’ expectation regarding adequate communications about changes to the order and stock substitutions, they should consider changing to a supplier who provides a more reliable service.

• Stock

Implement a documented material recipe management system. Businesses must review all their ingredients and individual recipes to ensure that the allergen information provided is correct and up to date. Emphasis should be placed on seasonal variations, regularly used substitutions and different recipe options. It is also critical to ensure that ingredient lists are printed in the correct format and that it is clear and legible.

Recipe Options: E.g., a pre-packed Carrot Muffin which can also be prepared as a Carrot & Pecan Nut Muffin.

• Training

Food businesses must ensure that their implemented allergen management systems are followed by staff, and that allergen awareness training is conducted. All employees should understand the importance and implications of the new allergen-labelling requirements.

• Implementation

Businesses should review the software they use to manage stock and recipe information. Software should enable a business to transfer information effectively and accurately to labels on products. Nutritics is a useful tool to look at, if you are looking for an automated system that simplifies the allergen management process by choosing one product that integrates with the food chain from start to finish.

If businesses in the UK – large and small – can get this right, Natasha’s Law will be revolutionary for allergic consumers. This should be seen as a wake-up call to countries around the world who have not yet started reviewing their allergen-labelling regulations, to approach allergens with increased care and attention. Success will mean that millions of people with food allergies – our families, colleagues, friends and neighbours – will have more choice and better protection.

The FACTS Allergen Management Department are here to assist in your journey to managing allergens more effectively. Contact us for more information on the range of services we offer.