News

Go back

17.08.2021 - Foods

Labeling of allergens in non-prepackaged foods

According to § 4 of the Food Ordinance (LMIDV), non-prepackaged foods are considered foods that

1. are offered for sale without packaging,
2. are packaged at the point of sale at the request of the end consumer or the provider of communal catering, or
3. are prepackaged for immediate sale and not offered for self-service.

Allergen labeling must be provided by all food businesses that supply non-prepackaged foods to end consumers or providers of communal catering. This includes, for example, bakeries, butcher shops, ice cream parlors, restaurants, snack bars, canteens, etc.

All substances or products that cause allergies or intolerances and are listed in Annex II of the Food Information Regulation (FIR or Regulation (EU) No. 1169/2011) must be labeled. These are listed below:

1. Cereals containing gluten, namely wheat (such as spelt and Khorasan wheat), rye, barley, oats, or their hybridized strains*
2. Crustaceans
3. Eggs
4. Fish
5. Peanuts
6. Soybeans
7. Milk and products thereof (including lactose)
8. Nuts, namely almonds, hazelnuts, walnuts, cashews, pecans, Brazil nuts, pistachios, macadamia or Queensland nuts*
9. Celery
10. Mustard
11. Sesame seeds
12. Sulfur dioxide and sulfites (>10 mg/kg or 10 mg/l as SO2)
13. Lupins
14. Molluscs

*: Please note: Allergenic ingredients must be named, e.g., "wheat," "hazelnuts." The use of generic terms such as "cereals containing gluten" or "nuts" is not sufficient. For wheat types such as spelt, the indication that it is a type of wheat, such as "spelt (a type of wheat)," is necessary.

The information on allergens can be provided in writing, with the following options:

1. on a sign on or near the food,
2. on menus and beverage lists or in price lists (also using footnotes or endnotes)
3. through a notice in the retail outlet or
4. through other written or electronically provided information by the food business operator, provided the information is immediately and easily accessible for end consumers and providers of communal catering (e.g., through a "notebook" (folder) or computer/tablet). In this option, the responsible party must indicate on the food or through a notice where the information can be found.

There is also the option for staff to inform verbally about allergenic ingredients upon request by the end consumer before the purchase is completed and before the handover of the food. The staff must be adequately trained for this. Furthermore, a written record of the allergenic ingredients must be available for the respective food, and the consumer must be clearly and legibly informed, at the relevant foods or in a notice at a highly visible location, that the information is provided verbally and a written record is available upon request. This must be easily accessible for the competent authority and, upon request, also for the end consumers.

In our Tentamus laboratories, we regularly conduct allergen testing. We provide you with fast and reliable results. For any questions, our customer consultants are very happy to assist you.

Source:
Chemical and Veterinary Investigation Offices Baden-Württemberg: Information sheet on "Allergen labeling for non-prepackaged foods" (as of July 2020), www.ua-bw.de
Food Information Ordinance, www.gesetze-im-internet.de
Food Information Regulation, eur-lex.europa.eu