How does an allergen look in a prepacked product?
In the list of ingredients, under the name used in the European list and highlighted with a different typeface, style or background colour. That is why you see "MILK" or "wheat" in bold.
If the product has no list of ingredients, the label says "contains" and the name of the allergen. If the name of the food already makes it clear, it does not need to be repeated.
And if several ingredients come from the same allergen, it must be specified for each one. That label is your source: keep it or copy it onto the dish's sheet.
To remember
- Prepacked: highlighted in the ingredients.
- No list of ingredients: "contains".
Facts and sources for this section
- In a prepacked product, the allergen is indicated in the list of ingredients and highlighted with a different typographic treatment, for example another typeface, style or background colour. [S1]
- If there is no list of ingredients, the indication includes the word "contains" followed by the name of the substance from the list. [S1]
- The allergen does not need to be indicated when the name of the food already clearly refers to it. [S1]
- If several ingredients of a food come from the same allergen on the list, this must be specified for each ingredient. [S1]
And in non-prepacked food?
It is also compulsory to give allergen information for what you sell or serve non-prepacked: tapas, set menus, bread, cakes, deli meats cut to order. Each country regulates how; in Spain, Real Decreto (Royal Decree) 126/2015.
The general rule is in writing: on labels attached to the food or on signs where it is sold, on the food or close to it. In a bar it is usually clearer to put it next to each dish on the menu or the board.
Name each allergen with the name from the list: "contains egg and nuts (walnuts)", not "it might have something in it".
To remember
- Non-prepacked is compulsory too.
- By default, in writing and next to the food.
Facts and sources for this section
- For non-prepacked foods sold to the final consumer and to collective catering it is compulsory to indicate the allergens on the list, although each Member State may regulate how this information is presented. [S1]
- For non-prepacked food, Real Decreto (Royal Decree) 126/2015 requires the allergens to be indicated with a clear reference to the substance or product as it appears in the European list. [S5]
- As a general rule, this information is given in writing, on labels attached to the food or on signs where it is sold, on the food or close to it. [S5]
Can you inform by word of mouth?
Yes, with conditions. Under Real Decreto (Royal Decree) 126/2015, you can give the information orally if you give it easily when the customer asks for it, before the purchase is completed.
In addition, it must be recorded in writing or in electronic format at the premises, within reach of the staff, the inspectors and the customers who ask for it. Without that record, "ask the waiter" is not enough.
A clearly visible notice is also needed, saying where the information is or that you can ask the staff, in each area of the premises. It is not needed if the information is already on labels or signs next to the food.
To remember
- By word of mouth, yes, if the written or electronic record exists.
- A visible notice says where to ask.
Facts and sources for this section
- Under Real Decreto (Royal Decree) 126/2015, allergen information may be given orally if it is given easily when requested, before the purchase is completed, and if it is recorded in writing or in electronic format at the establishment, accessible to the staff, the inspectors and the customers who ask for it. [S5]
- If the information is not on labels or signs next to the food, a clearly visible notice must say where it is or that it can be requested from the staff, in each area of the establishment that sells these foods. [S5]
What happens in a canteen or a catering business?
Restaurants, canteens, schools, hospitals and ready-meal companies are "collective catering" under the law, including vehicles and fixed or mobile stalls.
For the non-prepacked food they hand over, almost all the information in Article 4 of Real Decreto (Royal Decree) 126/2015 is no longer compulsory. Allergens are not part of that: they remain compulsory.
Where meals adapted for people with allergies or intolerances are served, the notice saying where to ask is not needed, but the information must be available and always given when asked for. And if you give it by other means, it cannot cost the customer anything extra.
To remember
- Collective catering: schools, hospitals and mobile stalls too.
- Allergens always remain compulsory.
Facts and sources for this section
- Regulation (EU) No 1169/2011 calls establishments such as restaurants, canteens, educational centres, hospitals and ready-meal companies "collective catering", including vehicles and fixed or mobile stalls. [S1]
- For the non-prepacked food supplied by collective catering, the other requirements of Article 4 of Real Decreto (Royal Decree) 126/2015 do not apply, except the indication of allergens and a rule on soft drinks. [S5]
- Where meals adapted for people with allergies or intolerances are served, that notice is not needed, but the allergen information must be available and given whenever customers or inspectors ask for it. [S5]
- Those other means must be within the customer's reach before the purchase is completed and cannot mean an additional cost for them. [S5]
And if you sell online or for delivery?
In distance selling, the compulsory information must be available before the customer buys, on the website or the app or by another clear means at no extra cost. Dates of consumption are the exception.
And on delivery, all the compulsory particulars must be there. Non-prepacked food that you sell at a distance follows the same rule for allergens.
In practice: the allergens of each dish visible in the app before paying, and a note with them in the bag. The delivery rider should not have to guess.
To remember
- Before paying and on delivery.
- A note in the bag avoids doubts.
Facts and sources for this section
- In distance selling, the compulsory information must be available before buying, at no extra cost to the customer (dates of consumption are the exception), and all the compulsory particulars at the time of delivery; non-prepacked food sold at a distance follows the same rule for allergens. [S1]
Can you put "may contain"?
Warning of the possible unintended presence of an allergen is voluntary information. The law says it must not mislead and must not be ambiguous or confusing.
So do not put it on everything "just in case": if everything may contain everything, the allergic customer is left with no options and the warning loses its value.
Use it when, after cleaning and separating, there is still a real risk you cannot avoid. And explain which one, if they ask.
To remember
- "May contain" is voluntary and must not confuse.
- It is not a shield: prevent first.
Facts and sources for this section
- Voluntary food information, such as warning of the possible unintended presence of allergens, must not mislead the consumer and must not be ambiguous or confusing. [S1]
Check what you have learned
Three questions from the test, with their explanation. Tap an answer.
Question 1 of 3
A prepacked product has no list of ingredients. How is the allergen indicated?
See the answer
Correct: A, With the word "contains" followed by the name of the allergen. If there is no list of ingredients, the word "contains" is used, followed by the name of the substance from the list. [S1]
Question 2 of 3
If the allergens are not next to each food, what must the customer find at the premises?
See the answer
Correct: D, A visible notice saying where the information is or that they can ask the staff. A clearly visible notice is needed, saying where the information is or that it can be requested from the staff, in each area of the premises. [S5]
Question 3 of 3
The warning "may contain traces of...": what is it under the law?
See the answer
Correct: C, Voluntary information that must not mislead or be ambiguous. Warning of the possible unintended presence of allergens is voluntary information: it must not mislead and must not be ambiguous or confusing. [S1]