Allergen Compliance

Minimising the risk of allergen contamination in a food business is critically important as anaphylaxis can be life-threatening. If there was an allergen fatality, the Police and Local Authority regulators would immediately become involved. If a breach in the duty of care is found by the business or an individual which causes a death, prosecution under 'gross negligence manslaughter' may result and a custodial sentence.

Allergen offences would be found under EC 178/2002 Article 14 for unsafe food or under the Food Safety Act 1990 Section 14 selling food not of the nature or substance or quality demanded.

A business may be able to use a due diligence defence if they can prove they took all reasonable precautions in allergen control. Such precautions would include specific allergen awareness training of staff in addition to L2 food safety training and evidence of verification such as assessment of allergen knowledge after training. The HACCP system would also be critical. Allergens may be defined as a hazard or as a prerequisite but they must be included in the HACCP plan. An allergen risk assessment to identify and evaluate the risk of unintentional allergens being present in food from the supply chain is also critical. Product specifications for all ingredients which state all allergens present and any cross contamination risks would be required. Recipes should also include all allergens present and any cross contamination risks.

Labelling systems must reflect the Food Information to Consumers Regulation (EU) No. 1169/2011.

There must be proof that operations to control allergens have been implemented and are working from internal weekly audits and external audits, and from daily, weekly and monthly checks on allergens in the business. Allergen procedures and policies must also be well communicated in the food business to all employees.

Whether precautions taken are reasonable will be reviewed from FSA guidance, industry stakeholders and retail guidance, to see how the business fits within industry guidlines and if they are following best practice.