Trading Standards enforces legislation, including the Food Safety Act 1990 and Food Information Regulations 2014, that controls:
- Composition and labelling of food
- The information that you must provide with or about food
- How you advertise and describe food
Food composition
The compositional requirements for some foods, such as sausages, jam and chocolate, are set out in law. They can vary from product to product, even if these appear similar. Where there is a compositional requirement to meet, food needs to contain specific quantities of certain ingredients to comply.
Visit the Business Companion website to find further details about what the law requires when preparing food and drink.
Food labelling and information
Food businesses have legal requirements to follow in:
- The way you label the food you make and supply
- The information you need to provide with it
This includes what must appear on labels and how clearly the consumer can see it. Claims about food and how you describe it on menus are controlled to ensure that consumers are not misled about what they are buying and consuming.
View the Food Standards Agency's guidance on packaging and labelling for more information.
Allergen labelling
The law requires food businesses to make information available to consumers about the allergens contained in their food. This is so they can make an informed choice about whether it is safe for them to eat.
List of allergens
The law requires you to declare the following 14 allergens:
- Celery
- Cereals containing gluten (such as wheat and barley)
- Crustaceans (such as crabs and prawns)
- Eggs
- Fish
- Lupin
- Milk
- Molluscs (such as mussels)
- Mustard
- Peanuts
- Sesame
- Soybeans
- Sulphur Dioxide and Sulphites when present above a level of 10mg/kg
- Tree nuts (including hazelnuts, walnuts and cashews)
How to inform consumers of allergen information – businesses supplying loose or non-prepacked food, including restaurants, cafes and takeaways
Businesses must ensure that all mandatory food allergen information is accurate, available to, and easily accessibly by the consumer. This applies to all food supplied by food businesses, including when food is offered without making a charge for it.
By law, you must make allergen information available to consumers either:
- In writing - by using a menu or a ticket placed with the food
Or
- Verbally - where you tell consumers about the allergens in your food. If you decide to talk to consumers, you need to display a sign telling them to ask for allergen information. Any allergen information you give about your food must be accurate.
However, in relation to non-prepacked foods, the Food Standards Agency has now issued additional best practice guidance to food businesses recommending they do both, providing information in writing without the customer having to ask for it AND have a conversation with the customer. Non-prepacked foods include all foods that are not prepacked such as:
- Meals in cafes and restaurants
- Loose meat and cheese at a deli counter
- Drinks made to order in a coffee shop
It is important your staff know what is in the food on offer and how they can ensure consumers receive this information. They may need to involve other staff members who have more knowledge of the food and / or how it is made.
Make sure written details referred to when providing allergen information are up-to-date and clear. Some ingredients may contain allergens that you might not expect and recipes and ingredients can change.
View the Food Standard Agency's allergen guidance for food businesses.
For more information on the legal requirements for allergen information provision for all types of food, visit food allergen labelling and information technical guidance on the Food Standard Agency website.
Requirements for allergen labelling on food that is pre-packed for direct sale (Natasha's Law)
Labelling requirements for food that is pre-packed for direct sale (PPDS) were introduced on 1 October 2021.
PPDS food is food packaged at the same place it is offered or sold to consumers that is in its packaging before it is ordered or selected. The food is enclosed and cannot be changed without opening the packaging. Pre-packaged for direct sale food can include food that consumers select themselves (e.g. from a display unit), as well as products kept behind a counter and some food sold at mobile or temporary outlets.
Any business that produces PPDS food must label it with:
- The name of the food
- A full ingredients list
- Any allergenic ingredients emphasised within the list
Businesses need to check if their products require PPDS labelling and what to do to comply with the rules.
View the labelling requirements on the Food Standards Agency (FSA) website. The page includes detailed information on what the law requires food businesses to provide on the packaging of PPDS food they sell. You can also find information on:
- Legislative labelling requirements
- Quantitative Ingredient Declaration (QUID)
- Multipacks
- Food additives and flavourings
- Responsibilities of food businesses and suppliers
The FSA has sector specific guidance on its website to help businesses understand how the changes apply to their relevant sector. Guides include examples of PPDS products and a practical guide for labelling. The sector includes:
- Bakeries
- Butchers
- Restaurants, cafes and pubs
- Fast food and takeaways
- Mobile sellers
- Caterers
- Schools
If you are unsure whether your business sells food that is PPDS, you can use the Food Standard Agency's allergen and ingredients food labelling tool to help you decide.
Allergens not on the list
Consumers may have allergies to food that isn't on the list of 14 items. If they request food without another ingredient, you must check that what you supply doesn't contain it. This makes sure the food is safe for the consumer to eat.
Food allergy training
The Food Standards Agency website has free online food allergy training. It is suitable for those who own, manage or work for a food business.
Recent / upcoming legislation changes
Business advice from Trading Standards
To find out more about bespoke business advice services covering Food Standards and other regulatory matters, visit our business advice page.
Food safety
Visit our food safety page for information on setting up a food business and food hygiene.