The law is named after Natasha Ednan-Laperouse, who died after eating a Pret a Manger sandwich that contained undeclared sesame. The law would create a new offense of “selling or supplying food not of the nature, substance or quality demanded by the purchaser”, with a maximum sentence of six months in prison. The law also requires food businesses to have a food safety management system in place, and to provide information to the food authority on request. The law requires that a label listing all ingredients and highlighting any of the 14 major allergens on pre-packaged food be displayed before it is sold.
At the time of Natasha’s death, there was no law in place requiring sandwich shops and cafes to display physical labels indicating the ingredients or allergens on food. The requirement only applied to pre-packaged foods that were made and packaged off-site, such as things you might purchase at a supermarket. However, Natasha’s death sparked a national conversation about food allergies and the need for greater awareness and transparency when it comes to food labelling.
Natasha’s parents believe that a written label would have provided extra information about the allergens in her food, and they are campaigning for a change in the law to require businesses to do so. They point to the fact that the baguette their daughter chose had no allergy warnings as an example of how such labels could potentially save lives. To commemorate her, they have created the Natasha Allergy Research Foundation (narf.org.uk) to campaign for food labels to include allergen information.
The new law concerning allergen labelling for pre-packed for direct sale (PPDS) foods is technically referred to as ‘allergen labelling for pre-packed for direct sale (PPDS) foods’. The Food Standards Agency provides comprehensive information for both consumers and food businesses on their websites.
Pre-packed for direct sale (PPDS) food packaging is a type of food packaging that is designed to be sold directly to consumers without the need for any additional packaging or processing. This type of packaging is often used for foods that are ready to eat or drink, such as packaged snacks, drinks, and meals. PPDS packaging is typically made from materials that are safe for food contact, such as paper, plastic, and foil.
For example, a chilled cabinet could hold a freshly baked sandwich or sausage roll; a sushi meal or salad boxed behind the counter; or pre-packaged sausages or cakes.
A supermarket may sell foods that are packaged and weighed for display (except for one-time events like school bake sales); pre-packaged cold meats and cheeses; rotisserie chicken in bags.
This new law also applies to free samples packed on-site, if they are given away for free.
“Natasha’s Law” is applicable to food that is:
The law applies to all businesses, big and small, including cafes, sandwiches chains, schools, caterers, supermarkets, and even corner shops with take-out options.
The new legislation does not cover foods that are not in packaging when picked up by the consumer, such as croissants and pastries on a counter tray or takeaway meals that are packaged after the order is placed.
In these cases, businesses must still provide allergy information upon request, either in writing or orally, but food labels are not mandated by law. This means that businesses have to be extra vigilant in making sure that they are providing accurate and up-to-date information to consumers who might have allergies.
The label on your product must clearly state the name of the product (for example, ‘Cheese and Onion Sandwich’) as well as list all ingredients that are contained within it. The 14 major allergens must be highlighted in some way on the label, for instance by making them bold, underlining, capitalizing, or changing the font colour. This is important so that people with allergies can easily see which products they need to avoid.
Cross-contamination is a big risk when it comes to food preparation, especially for those with allergies. The label doesn’t have to tell you if it may become cross-contaminated during preparation or packing, which means the sandwich may have been prepared near other allergens, which may have contaminated your sandwich. It’s important to be vigilant and ask about these things before eating anything that could potentially make you sick.
The new food allergen labeling laws are good news for a number of reasons. Not only will they help to raise awareness of allergies, but they will also force food businesses to be more transparent about which allergens are present in their products. This, in turn, will give allergic consumers more assurance when selecting what to eat, as they will have access to more information about the foods they’re considering.
Also, it provides an extra layer of security. In the past, you had to queue up and ask if a wrapped café sandwich contended with your allergens. This is less than ideal during busy peak hours, especially for shy or self-conscious individuals.
In the future, you will be able to discern quickly whether a meal is safe for your dietary restrictions by simply looking at it. This means that you’ll only need to confirm with a member of staff that the information on your chosen meal is accurate in regard to cross-contamination risks.
As with any change in regulations, this new law will require businesses to make necessary adjustments. A positive sign has emerged after two years of preparation: in March 2021, Approximately, half a million people visited the Food Standards Agency’s online information portal on allergen labels and PPDS foods in the past year, representing a 120% increase in traffic
However, it’s still too early to tell how well businesses have adapted to the new law, but the increase in traffic to the FSA’s information portal is a good sign that businesses are taking the changes seriously and are working to comply with the new regulations.
According to industry magazine The Grocer, most high street chains and businesses have complied with the new law.
Allergy families go through enough without businesses making things more difficult by not introducing allergen control practices to make more items safe. If businesses are going to add precautionary – or ‘may contain’ – warnings, they should at least be honest about it and let consumers know that they need to talk to a member of staff about their allergies. It’s important to have good communication about this issue so that everyone is on the same page.
It is also important to communicate with consumers and let them know that they still need to talk about allergens with a member of staff. Managing allergies requires good communication.
There is a possibility that businesses can avoid the new labeling system by not prepackaging products. This might reduce the number of choices for allergic consumers, at least in the short term. However, the new system may also prove difficult for smaller businesses, as it will require changes to menus or disruptions to supply chains. To ensure the new system runs smoothly, suppliers must work with retailers. Several industry participants hope that fluid technology will ease collaboration between sectors.
We’re all too familiar with the careless mistakes that can be made when it comes to labeling food items, as the countless supermarket recalls for incorrect allergen lists can attest to. We usually learn pretty quickly which establishments are better equipped to handle such changes and which ones have thorough processes in place to avoid such mistakes.
However, it’s always best to err on the side of caution and communicate your needs to a senior member of staff at any restaurant you visit – whether it’s a sandwich chain, a supermarket bakery, or even The Ritz. Discuss the risks of cross-contamination with them and mention your allergies just to be on the safe side.