Allergen information for distance selling

If you’re selling food online, through phone ordering, or any other distance method, you need to comply with the UK’s strict requirements for the provision of allergen information. Whether you’re running a restaurant offering delivery, an online bakery, or a food ordering app, knowing your legal responsibilities is essential for keeping your customers safe and protecting your business.

Here’s a summary of what you need to know about providing allergen information when ‘distance selling’ food and drink in the UK.

Why allergen information is important

Food allergies can be life-threatening, so the law requires businesses to tell customers if food they provide contains any of the notifiable 14 allergens as an ingredient.

Consumers may be allergic or intolerant to other ingredients, but you are only legally required to provide information for these 14 food allergens: celery, cereals containing gluten (such as barley and oats), crustaceans (such as prawns, crabs and lobsters), eggs, fish, lupin, milk, molluscs (such as mussels and oysters), mustard, peanuts, sesame, soybeans, sulphur dioxide and sulphites (if they are at a concentration of more than ten parts per million) and tree nuts (such as almonds, hazelnuts, walnuts, brazil nuts, cashews, pecans, pistachios and macadamia nuts).

When do you have to provide allergen information?

If food is sold online, by phone or mail order through distance selling, allergen information must be provided at two stages in the order process: before the purchase of the food is complete and when the food is delivered.

Stage 1: Before the customer places an order
The law – specifically EU Regulation 1169/2011, Article 14* – requires that all mandatory food information (which includes allergens) must be available before the purchase is completed. This information should be easily accessible without any extra cost to the consumer. It can be provided in writing (via a website, app, catalogue or menu) or over the phone.

Food businesses must list the allergens on the product page, or link to clear allergen information before the checkout and payment process so that customers can check if allergens are present in the food before they purchase it.

Stage 2. When the food is delivered
Once the food arrives, the allergen information must be provided again via labels on the food packaging, a receipt or delivery note with the allergen details, orally (by the delivery person) or by directing the customer to where the information is available (e.g. a website or app). The important thing is that the allergen information is consistent at the time of purchase and when the food is delivered.

Best practices for managing allergens when distance selling

To stay compliant and protect your customers:

– Make sure that your allergen information is easy to find on your website or app, or provided over the phone.
– Include an allergen statement advising customers of any relevant kitchen practices that may present a risk to customers with food allergies or intolerances (e.g. potential cross-contamination)
– Make sure that your allergen information is accurate and up to date – if you change an ingredient, recipe, or dish, update the allergen information immediately.
– Train your staff to understand the importance of managing allergens so that they can communicate allergen information to customers clearly and accurately.

*Note: EU Regulation 1169/2011, Article 14 is still in force in the UK post-Brexit, as it was retained under the Food Information Regulations 2014. See also the Food Standards Agency’s Food Information Regulations 2014: Summary Guidance for food business operators [pdf]

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