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‘We want to ensure labels are clearer’: UK mulls tougher allergy labelling regulations

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The UK government is looking at how “tougher labelling laws” can protect allergy sufferers and close loopholes in labelling requirements.

Regulators want to overhaul allergen labelling regulations with the aim of giving consumers more information on what is in the food they buy. An estimated two million people in the UK suffer from food allergies and the government said it wanted to provide these people with greater confidence that the food they are eating is safe.

Under current rules, food prepared on the premise where it is sold is not required to display allergen information on pack. When a food business sells prepacked food for direct sale the same regulations apply as to non-prepacked food under the EU Food Information for Consumers Regulation No. 1169/2011, commonly known as EU FIR 2014. This means food businesses preparing their products freshly on site are exempted from the obligation of labelling them with a list of ingredients.

At the moment, for food prepared and sold at the same site information on allergens is required to be verbally given by the food business if asked by the consumer.

The risks associated with this policy were highlighted by the tragic death of Natasha Ednan-Laperouse, a teenager who suffered an allergic reaction to a Pret a Manger baguette in July 2016. The coroner who presided over her inquest concluded that the current legislation is not adequate and requested a review.

Environment Secretary Michael Gove launched a consultation on proposed changes earlier this week.

“We want to ensure that labels are clearer and that the rules for businesses are more consistent – so that allergy sufferers in this country can have confidence in the safety of their food,” he said.

Paying tribute to the Ednan-Laperouse family, Gove acknowledged that “many businesses” are making changes to their allergen labelling independently. He urged them to continue to make progress on this issue while the consultation process is underway.

Four options on the table

The Department of Environment, Food and Rural Affairs (Defra) outlined four proposals to update the system. These range from mandating full ingredient list labelling, to allergen-only labelling on food packaging, ‘ask the staff’ labels with supporting information available in writing and “promoting best practice ” around communicating allergen labelling.

Food businesses and allergy sufferers have been invited to have their say on the four options put forward.

“It’s essential for those of us with a food allergy or intolerance to know that we can trust the food we eat. Accurate and reliable labelling is vital, and this consultation is firmly aimed at improving the confidence we have in it,” Food Standards Agency Chairman Heather Hancock said.

“In recent years choice, trust and availability has really improved for people with food allergy. We want those improvements to continue, so it’s important that we hear from everyone affected, as part of this consultation.”

‘Do more than the bare minimum’

The consultation has been welcomed by organisations representing allergy sufferers, including Allergy UK and the Anaphylaxis Campaign.

In a statement, the Anaphylaxis Campaign said it hoped both allergy sufferers and food businesses would participate in the consultation, stressing the need to find a workable solution for all stakeholders.

“The Anaphylaxis Campaign believes that food allergic individuals must be able to make informed decisions and to assess risk and self manage their condition when eating out. We welcome the government’s consultation as a way of understanding the views of all stakeholders and arriving at the best approach for all stakeholders and, in particular, those who suffer with food allergies. We hope all food business that sell food pre-packed for direct sale engage with this consultation to ensure that feasibility across all business sizes is
taken into consideration,” the organisation said.

Meanwhile Carla Jones, the CEO of Allergy UK, called on businesses to do more to ensure allergen information is clearly communicated. “At Allergy UK we believe that whilst those living with allergies must be vigilant on their own behalf, the broader food industry needs to do more than just the bare minimum when it comes to catering for the allergic community,” she stressed.

Updated EFSA ruling for CBD classes supplement ingredient as Novel Food

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The European Food Safety Authority (EFSA) has reclassified cannabidiol (CBD) as a Novel Food in a change that may mean CBD and hemp-derived food supplements cannot be legally sold within Europe.

Whilst not an official ruling the recently-added submission to the Agency’s Novel Foods catalogue for the term ‘Cannabinoids’ now states, “…extracts of Cannabis sativa L. and derived products containing cannabinoids are considered novel foods as a history of consumption has not been demonstrated.

“This applies to both the extracts themselves and any products to which they are added as an ingredient (such as hemp seed oil). This also applies to extracts of other plants containing cannabinoids. Synthetically obtained cannabinoids are considered as novel.”

The amendment comes as media reports identified the UK, France, Germany, Italy and the Netherlands as the countries asking for an update to the catalogue, citing ambiguity concerning regulation of CBD and other hemp-derived products.

Further news reports suggested the UK’s Food Standards Agency (FSA) now want CBD food products removed from commercial sale while the application to permit its use is finalised.

If successful, producers would be unable to sell products for up to 18 months cutting off supply to consumers.

“We are considering the way forward in light of this clarification at EU level,” said the FSA.

“We are meeting with relevant industry representative bodies, local authorities and other stakeholders to clarify how to achieve compliance in the marketplace in a proportionate manner.”

Final opinion in March

EFSA are currently considering a novel food application for CBD for use in food supplements in adults with a daily intake of up to 130 milligrams (mg). A final opinion is expected from March 2019.

If EFSA is successful, the European Commission will draft an implementing act permitting the use of the product within seven months.

The European Industrial Hemp Association (EIHA), which only last October were asked by the European Commission to advise on traditional or novel food status of hemp extracts, reiterated its position by saying, “Hemp extracts and tinctures were indeed made and sold in products, which would nowadays be “supplements” up to 80 years ago.

“Other evidence shows the use of hemp green parts (flowers, leaves) in applications such as “hemp-beer” brewing and herbal infusions/tea making.

“Hemp flowers used for the production of beer-like beverages have been recognised as food ingredients by the European commission since 1998.”

The Association went on to request that European Union institutions rapidly adopt a policy strategy that would allow Europe to compete on the world stage that shows increasing competitive approaches from Asia, Canada and the US.

“For all these reasons EIHA requests the European Commission to recognise hemp extracts with naturally occurring CBD levels as traditional in food.”

WHO opinion

A World Health Organisation (WHO) report published back in June 2018 quoted WHO experts, who stated CBD is generally well tolerated with a good safety profile.

Dr Sarah Brewer, medical nutritionist and health journalist believed the new classification by EFSA was for regulatory/technicality reasons and not for safety reasons.

“Given that there is some uncertainty on the future free availability of CBD supplement, I’d recommend that people who find it beneficial for well-being continue as previously by ordering from a trusted supplier and continuing to take their CBD Oil.”

“With all the change taking place there is still a great deal of misunderstanding and misleading information about CBD Oil on the market.

Approved Novel Food Status

Approved Novel Food Status.

Rollo de Sausmarez, director of new product marketing and development at Healthspan, a UK-based mailorder supplier of vitamins, minerals and health supplements said the next steps were to get CBD an Approved Novel Food Status.

“Many things have been deemed safe by passing a safety assessment under the Novel Food Regulation – e.g. Chia seeds, Krill Oil, Vitamin K,” he said.

“This process takes about a year, and CBD manufacturers and brands will be pursuing this approach. All over Europe the local food safety authorities will be considering their approach, in each member state and in time will publish their stance.

“Healthspan will continue to work with relevant bodies such as EFSA, FSA and the CTA (Cannabis Trade Association).”

The EU novel foods legislation refers to any food or ingredient not in widespread use prior to 1997 now needs to undergo an authorisation procedure that demonstrates evidence of its widespread use before 1997 and/or that it is safe for consumption.

Each country has a legal right to have changes made to the Novel Food Register if they can get a majority to agree. In this case, the five initial petitioners, Germany, Italy, France, UK and The Netherlands managed to gain support from 17 member states.