Allergens, European Commission guidelines
The allergen directive is already a 'teenager'fourteen and the FIC regulation (1) is starting primary school these days at six years of age. The European Commission, better late than never, offers some clarifications on how to inform allergic consumers.
The communication from the European Commission 'concerning the provision of information on substances or products causing allergies or intolerances listed in Annex II of Regulation (EU) no. 1169/2011 on the provision of food information to consumers'(2) is meant to bring order to the confused news that still plagues the Internal Market. With serious risk for vulnerable categories of consumers, suffering from food allergies and celiac disease.
Allergenic ingredients object of necessary specific information are those indicated in Annex II to EU regulation 1169/11, with some clarifications:
- cereals containing gluten they must be specified in their identity. (3) Without prejudice to the possibility of adding, on a voluntary basis, a reference to the presence of gluten (e.g. 'gluten', 'contains gluten'),
'Ingredients produced from cereals containing gluten must be declared with a denomination that contains a clear reference to the specific type of cereal, ie wheat, rye, barley, oats.' (EC guidelines, point 3.1.8)
- gluten 'added as such, as an ingredient', must indicate' the type of cereal from which it comes, (4)
- the eggs must always be indicated, regardless of the poultry species of origin (from quail to hen, up to ostrich),
- the milk is understood as'secreted by the mammary gland of farm animals'. Cow and buffalo but also donkey, goat and sheep,
- la dried fruit in shell cannot be cited with the name of the category alone. Instead, it is necessary to specify the individual species (e.g. almonds, walnuts, hazelnuts),
'In the case of nuts, the specific type listed in point 8 of Annex II must be indicated in the list of ingredients, i.e. almonds, hazelnuts, walnuts, cashew nuts, pecans, Brazil nuts , pistachios, macadamia nuts or Queensland nuts. ' (EC guidelines, point 3.1.13)
- microorganisms vice versa, even ifgrown on a substrate which is a food ingredient listed in Annex II should not be regarded as products derived from those substrates'.
Graphic evidence of allergenic ingredients compared to the other it can be limited to the single keyword of each of them (e.g. milk proteins).
The repetition of the allergen contained in various ingredients and / or additives or adjuvants can be simplified by using asterisks or numbers. E.g. '00 flour (1), bran (1) ... (1) wheat'
The ingredient list is the only space where it is allowed to indicate allergens. Repetitions are not allowed outside this area. (5) Nor imaginative wording of the type 'produced in a factory where they also work ...'.
On non-prepacked foods, in the absence of national measures, 'the provisions of the regulation concerning prepacked food apply. Consequently (…) the information on allergens must be easily visible, clearly legible and possibly indelible and be provided in writing. Therefore it is not possible to provide allergen information on request only of the consumer. '
Too bad that in Brussels have forgotten to specify the prohibition to report on the possible presence of 'traces of (allergens)'. And to clarify the responsibilities of the operators in the self-control phase, waves prevent the risk of accidental contamination. See you next time!
Dario Dongo
Footnotes
(1) 'Food Information to Consumers', reg. EU 1169/11
(2) Document C (2017) 4864 final, su
http://www.sviluppoeconomico.gov.it/images/stories/documenti/labelling_legislation_guidance_allegens-2017-4864_it.pdf
(3) With the obligation to refer to the cereal wheat also on spelled and khorasan (or kamut)
(4) Nevertheless, 'When a product containing one of the cereals listed in Annex II (e.g. oats) complies with the relevant requirements of Regulation (EU) No 828/2014, the wording 'gluten-free' or 'with very low gluten content can be used on the product'
(5) Point 3.5.27
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
