Although the United Kingdom has left the European Union (EU), certain pieces of legislation (formally known as ‘retained EU law’) will still apply until such time as they are replaced by new UK legislation; this means that you will still see references to EU regulations.
Non-prepacked food
In the case of non-prepacked food, you should present the information on the shelf edge or on a notice that can be readily seen by customers. In the case of allergens you can place a notice on display instructing the customer to ask a member of staff for allergen information.
The legal name of the product must be given. Under normal circumstances this is the name that describes the true nature of the food. A product marketed as ‘Peter Pig’ would need the descriptive name of the food to clarify what it is – for example, ‘Marshmallow and digestive biscuit with a coating of pink icing’. The name ‘Peter Pig’ is a ‘fancy name’ and has no legal standing.
Sometimes a ‘customary name’ may be used instead of a descriptive name. A customary name is a name that allows the product to be clearly distinguished from other similar products and is readily understood by UK consumers without further clarification – for example, Belgian bun, Chelsea bun, etc.
Allergens
If the product contains any of the following types of allergen then this must be declared:
- cereals containing gluten, such as wheat, rye, barley, oats, spelt, kamut, and their hybridised strains
- peanuts (also called groundnuts)
- nuts, such as almonds, hazelnuts, walnuts, Brazil nuts, cashews, pecans, pistachios, macadamias and Queensland nuts
- fish
- crustaceans
- molluscs
- sesame seeds
- eggs
- milk and milk products (including lactose)
- soy beans
- celery
- lupin
- mustard
- sulphur dioxide and sulphites at levels above 10 mg/kg or 10 mg/litre expressed as SO2
You should specify the allergen as it appears in the list above. If a product contains wheat then you would state ‘Contains wheat’ as this is specified in the list; however, if a product contains prawns you would state ‘Contains crustaceans’ as ‘prawns’ does not appear in the list.
Genetically modified foods
If the product contains or is made from genetically modified foods, you must state either ‘Contains genetically modified [name of organism]’ or ‘Contains [name of ingredient] produced from genetically modified [name of organism]’. The information should appear on the shelf edge or on a notice immediately next to the product.
Bread
Bread, made from wheat flour, other than white bread, must have a notice on it that clearly and conspicuously tells customers which type it is – for example:
- brown bread
- wheatgerm bread (must contain 10% added wheatgerm)
- wholemeal bread (all the flour used must be wholemeal)
- soda bread
It is illegal to use the name ‘wheatmeal bread’. Brand names such as ‘Hovis’ and ‘Granary’ are insufficient on their own, you will also need to give a descriptive name. Other types of bread where the flour is not wholly wheat flour must be appropriately described – for example, rye bread.
Cakes and confectionery
You must ensure that any description is true and accurate; some examples are below:
- it is important to realise that the words ‘flavoured’ and ‘flavour’ have very different meanings – for example, ‘vanilla flavoured icing’ derives its flavour only from real vanilla, but ‘vanilla flavour icing’ is synthetically flavoured and contains no vanilla. If neither word is used (vanilla slice, for example) the flavour must be only from natural vanilla
- the cream in cream cakes must be wholly dairy cream. If any artificial or imitation cream is used this must be stated in the name of the food
- imitation cream and imitation chocolate must not be described as cream or creme, chocolate or choc
Gluten free and low gluten claims
A gluten-free claim is a statement to the consumer that eating the product will not cause an allergic reaction in sensitive individuals. Gluten-free claims should not be made unless production control and in-store handling procedures are sufficiently robust to ensure that there is no gluten contamination and that test results show that gluten is present at less than 20 mg/kg. If you wish to make a claim of ‘very low gluten’ then you must ensure that the product contains no more than 100 mg/kg. No other gluten claims are permitted (for example, ‘Made with no gluten-containing ingredients’).
The Bread and Flour Regulations 1998
“Bread” means a food of any size, shape or form which:
- is usually known as bread, and
- consists of a dough made from flour and water, with or without other ingredients, which has been fermented by yeast or otherwise leavened and subsequently baked or partly baked,
but does not include buns, bunloaves, chapatis, chollas, pitta bread, potato bread or bread specially prepared for coeliac sufferers.
Fflour” means the product which is derived from, or separated during, the milling or grinding of cleaned cereal whether or not the cereal has been malted or subjected to any other process, and includes meal, but does not include other cereal products, such as separated cereal bran, separated cereal germ, semolina or grits;
Sandwich labelling
Sandwiches labels must contain certain food information, which will differ depending on how they are sold. There are different food labelling requirements depending on whether sandwiches are sold by mass caterers and/or sold non-prepacked, prepacked or prepacked for direct sale. Prepacked labelling requirements are significantly more complex. The term ‘sandwich’ includes a roll, bap, baguette, pitta, wrap, panini, bagel and all similar products.
Mass caterers
The rules for mass caterers also apply to van sales, although if you purchase prepacked sandwiches to sell from your van the normal prepacked rules will apply.
These are premises at which the sandwiches are prepared at the time of purchase and ready for immediate consumption without any further preparation; they include pubs, restaurants, cafés, stalls, school canteens, vans and sandwich bars.
The following information is required:
- the presence of any allergenic ingredients
- the presence of any irradiated or genetically modified ingredients
The information does not have to be labelled on the product and can instead be placed on a notice. The notice should be visible / available at the point(s) where the consumer can place an order (at the counter, in the menu if food can be ordered at the table, etc). Allergen information can be given verbally, in which case a notice must be placed on display inviting customers to ask a member of staff for allergen information.
You are not required to name the product but any name or description given must be accurate; areas that can cause problems are:
- butter / margarine
- ham / pork shoulder
- reformed or chopped and shaped meats
- seafood / crab ‘sticks’
- cheese substitutes
If prepacked sandwiches are being sold from a mass caterer the requirements for prepacked products will apply.
Non-prepacked sandwiches
Non-prepacked includes the following:
- Food sold or displayed without any form of packaging
- Food sold or displayed without any form of packaging but placed into packaging after purchase (for example, a sandwich placed into a paper bag)
These products are prepared before the time of consumption. Non-prepacked food has the same labelling requirements regardless of whether it is being sold from a mass caterer, shop, stall, etc as follows:
the name of the product
- a declaration that the sandwich or ingredients have been irradiated and/or contain genetically modified material (where relevant)
- an indication of any of the 14 specified allergens that the sandwich contains, or a notice stating that this information is available on request
The information can be on a label attached to the product or on a notice. If you purchase sandwiches from another food business that are supplied without packaging they will be non-prepacked and you should follow the rules above. If you purchase sandwiches from another food business that are supplied in packaging these will be classed as prepacked.
Prepacked sandwiches
‘Prepacked food’ is defined in Regulation (EU) No 1169/2011 on the provision of food information to consumers as “… food and the packaging into which it was put before being offered for sale, whether such packaging encloses the food completely or only partially, but in any event in such a way that the contents cannot be altered without opening or changing the packaging …”.
If you package sandwiches for sale to consumers from another premises you operate, or to supply another food business that will sell them to consumers, then the sandwiches are prepacked.
Prepacked sandwiches require the following labelling:
the name of the food
- an ingredients list
- information relating to allergenic ingredients
- quantitative ingredient declarations (QUID)
- a nutritional declaration
- durability date marking
- the name and address of the manufacturer
- storage instructions (where necessary)
- instructions for use (where necessary)
- origin marking (if the label would be misleading without it)
If the product contains any of the 14 allergens below they must be highlighted in the ingredients list:
- cereals containing gluten, such as wheat, rye, barley, oats, spelt, kamut, and their hybridised strains
- peanuts (also called groundnuts)
- nuts, such as almonds, hazelnuts, walnuts, Brazil nuts, cashews, pecans, pistachios, macadamias and Queensland nuts
- fish
- crustaceans
- molluscs
- sesame seeds
- eggs
- milk and milk products (including lactose)
- soy beans
- celery
- lupin
- mustard
- sulphur dioxide and sulphites at levels above 10 mg/kg or 10 mg/litre expressed as SO2
‘Prepacked for direct sale’ means food sold in packaging from the premises on which it was packaged, or a mobile stall or vehicle used by the business that packed the food.
There are additional labelling requirements for food that is prepacked for direct sale (whether sold from a mass caterer or otherwise). Refer to the food legislation here for more information.
