August 16, 2022

Volume XII, Number 228

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August 15, 2022

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Two Food Standards Agency (FSA) Food Law Consultations Opened – Novel Foods and Precautionary Allergen Labelling

The consultations seek views on regulated product applications for six novel foods that have been submitted for authorisation to the FSA and on precautionary allergen labelling and precautionary allergen information, such as “may contain”, on many types of food.

The six novel foods have already been evaluated by the European Food Safety Authority (EFSA), which now sits outside of the food safety regime in Great Britain.

The allergen labelling consultation seeks views so the FSA can plan its approach to ensure that precautionary allergen labelling is communicated clearly and consistently, in an understandable and meaningful way to consumers, and based on a proportionate standardised process for assessing, managing and communicating the risk of allergen cross-contamination.

The consultation on precautionary allergen labelling, otherwise known as ‘may contain’ warnings, follows hot on the heels of the requirement to label ingredients and allergens on foods that are prepacked for direct sale, which came into force in October 2021 (“Natasha’s Law”). Mis-declaring or mislabelling allergens in foods and drinks is a relatively common error, sometimes due to mistakes in production, and sometimes due to mistakes caused by suppliers. Such errors often lead to recalls, as they can make a product unsafe for those with relevant sensitivities, as well as breaching labelling laws. Currently, there are no mandatory requirements for ‘may contain’ labelling, but such labelling is used by producers where there may be a risk of cross-contamination with allergens, to ensure that there is adequate warning for those allergic to the relevant contaminant.

The consultations close on 11 February and 14 March, respectively. We will report further when the FSA publishes its response.

© Copyright 2022 Squire Patton Boggs (US) LLPNational Law Review, Volume XII, Number 60
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About this Author

Nicole Smith, SquirePattonBoggs, Consumer Regulation, Food Law, Licensing
Senior Associate

Nicola Smith specialises in hospitality and leisure. Her expertise covers both licensing and food law. Nicola acts for a wide range of clients from listed companies to entrepreneurs. She prides herself on providing commercially-minded advice as part of a one-stop shop for clients dealing with the management of all of their licensing and food law issues.

In addition to direct advice on licensing and food issues, Nicola provides support on corporate, property and insolvency transactions and advises on the licences required for the playing of...

44 121 222 3230
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