Providing the correct allergen information is an important aspect of food safety and consumer protection. Getting it wrong can have serious consequences for consumers and for food businesses.
Under EU law the rules regarding allergen information for prepacked foods are clear and consistent. The general rule is that the 14 regulated allergens must be ‘emphasised’ in the list of ingredients or where there is no list, the label will include the word ‘contains’ followed by the named allergen.
The position for non-prepacked foods is different. Although the provision of information about the presence of the 14 regulated allergens is mandatory, the member states are free to decide how to do so.
In Ireland, this is achieved by the Health (Provision of Food Allergen Information to Consumers in Respect of Non-Prepacked Food) Regulations 2014 (S.I.489 of 2014), as emended. The basic requirement is that ‘written particulars of any allergen in the food’ must be indicated at the point of presentation, the point of sale or the point of supply.
To assist food business operators fulfil their legal obligations, in June 2025 the Food Safety Authority of Ireland (FSAI) released revision 2 of Guidance Note 28 on ‘Food Allergen Declaration for Non-prepacked Foods in Ireland’.
This provides practical examples of how to provide allergen information for non-prepacked food in setting such as, distance selling, food service platforms (enabling consumers to order food for collection or delivery), drive-through facilities, healthcare and childcare facilities, and food vehicles, stalls and markets.
The Guidance Note is a very useful document for anyone engaged in the provision of non-prepacked food containing any of the 14 regulated allergens.
This article is provided for information only and does not constitute legal advice. Formal legal advice should always be obtained before taking or refraining from taking any action.
Ian Thomas can be contacted at ian@ianthomasassociates.com
He also practises from Gough Square Chambers, London – ian.thomas@goughsq.co.uk