Lessons Lesson 1 of 4

Allergies, intolerances and who is responsible.

What counts as an allergen under the law, why a mistake can be serious and what is your part in the business.

  • 4 min read
  • 6 sections
  • 3 review questions

What counts as an allergen in your job?

Under the law, an allergen is an ingredient on a European list of substances that cause allergies or intolerances. That list is in Annex II of Regulation (EU) No 1169/2011.

It must always be indicated when it is used to make a food and is still present in the finished product, even in a modified form. The flour in a batter counts, even if it no longer looks like flour.

What is not on the list does not have to be declared. But if a customer tells you that something makes them feel unwell, treat it with the same care.

To remember

  • The European list rules: Annex II of Regulation (EU) No 1169/2011.
  • It counts even if the ingredient has changed form.
Facts and sources for this section
  • It is compulsory to indicate every ingredient or technological processing aid on the list in Annex II of Regulation (EU) No 1169/2011 that is used to make a food and is still present in the finished product, even in a modified form. [S1]
  • Annex II of Regulation (EU) No 1169/2011 is titled "Substances or products causing allergies or intolerances": one list for both. [S1]

Allergy or intolerance: does it change anything for you?

The legal list does not separate them: it is titled "Substances or products causing allergies or intolerances". In your job, the two are treated the same.

It is not your place to diagnose anyone or to judge whether they are exaggerating. If a customer says allergy or intolerance, you apply the same care.

Do not promise "no trace of anything" either if you cannot be sure. Say what you know and check what you do not.

To remember

  • Allergy or intolerance: the same care.
  • Do not guess or promise what you do not control.
Facts and sources for this section
  • Annex II of Regulation (EU) No 1169/2011 is titled "Substances or products causing allergies or intolerances": one list for both. [S1]

Why can a mistake be so serious?

It is estimated that in Europe between 3 and 4 % of adults and children have a food allergy. In a canteen of a hundred people, that works out at several.

Allergic reactions can be serious, even potentially fatal. That is why the customer asks, and why your answer matters.

And an uncomfortable fact: according to Regulation (EU) No 1169/2011 itself, there are indications that most food allergy incidents come from non-prepacked food. Exactly what a bar, a bakery or a canteen serves.

To remember

  • Between 3 and 4 % of the European population.
  • Non-prepacked food is where the risk is concentrated.
Facts and sources for this section
  • Food allergies are estimated to affect between 3 and 4 % of adults and children in Europe. [S4]
  • Allergic reactions can be serious, even potentially fatal. [S4]
  • According to Regulation (EU) No 1169/2011, there are indications that most food allergy incidents originate from non-prepacked food. [S1]

Who is responsible for the information?

The business. The food business operator is mainly responsible for food safety, and the person responsible for the information is the operator under whose name the food is marketed.

If you buy something non-prepacked from a supplier, the supplier must pass you its information so that you can inform the customer. Ask for the technical data sheet and keep it.

That does not remove your practical responsibility: you are the one in front of the customer. If the information does not add up, say so before serving.

To remember

  • The business is responsible; you apply it.
  • Without the supplier's sheet, there is no reliable information.
Facts and sources for this section
  • The food business operator is mainly responsible for food safety. [S3]
  • The person responsible for food information is the operator under whose name or business name the food is marketed. [S1]
  • The business that supplies non-prepacked food must pass its information to the business that receives it, so that the latter can inform the consumer when needed. [S1]

What is your part?

The business must supervise you and give you instruction or training in hygiene according to your activity. This course covers the allergen part; your employer decides whether it suits your job.

The law also asks for a food safety culture: that all workers know the hazards and that communication is open and clear, also to report failures.

In practice: if you see a mistake in a sheet, a covered label or a dish that does not add up, say so. Nobody should stay quiet for fear of causing a nuisance.

To remember

  • Training according to your job: the business organises it.
  • Reporting a failure is part of your job.
Facts and sources for this section
  • Regulation (EC) No 852/2004 (Annex II, Chapter XII) obliges food businesses to ensure that people who handle food are supervised and instructed or trained according to their work activity. [S3]
  • A food safety culture requires that all workers are aware of the hazards to food safety and that communication between them is open and clear, also to report deviations. [S4]

Which rules will you see in this course?

Regulation (EU) No 1169/2011 says which allergens must be declared and how. Regulation (EU) 2021/382 added to Regulation (EC) No 852/2004 rules on managing allergens in the kitchen.

In Spain, Real Decreto (Royal Decree) 126/2015 regulates how to give information on non-prepacked food. And Ley (Law) 17/2011 includes special measures for school canteens.

You do not need to know the numbers. You do need to know what each one asks of you in your day-to-day work, which is what you will see in the next lessons.

To remember

  • Four rules, one idea: the customer must know what they are eating.
  • What is practical matters more than the number of the rule.
Facts and sources for this section
  • It is compulsory to indicate every ingredient or technological processing aid on the list in Annex II of Regulation (EU) No 1169/2011 that is used to make a food and is still present in the finished product, even in a modified form. [S1]
  • Regulation (EU) 2021/382 amended the annexes to Regulation (EC) No 852/2004 to add, among other things, rules on the management of food allergens. [S4]
  • Real Decreto (Royal Decree) 126/2015 regulates the food information of foods presented non-prepacked for sale to the final consumer and to collective catering. [S5]
  • Ley (Law) 17/2011, on food safety and nutrition, includes special measures for schools. [S6]

Check what you have learned

Three questions from the test, with their explanation. Tap an answer.

Question 1 of 3

A customer says they have an intolerance, not an allergy. What do you do?

See the answer

Correct: B, You treat it with the same care: the legal list is of substances that cause allergies or intolerances. The European list is titled "Substances or products causing allergies or intolerances". In your job, the two are treated the same. [S1]

Question 2 of 3

Who is mainly responsible for food safety in a restaurant?

See the answer

Correct: A, The food business operator. The law places the main responsibility on the food business operator. [S3]

Question 3 of 3

In a food safety culture, what should communication between workers be like?

See the answer

Correct: D, Open and clear, also to report failures and deviations. A food safety culture includes open and clear communication between all workers, also to report deviations. [S4]