Allergen Information for Non-prepacked Food
Food sold in loose form or packed on the premises at the request of the consumer or packed for direct sale or supply to the final consumer or mass caterer, is considered non-prepacked food.
Declaring the use of food allergens in prepacked food is facilitated by labels that generally include a list of ingredients. However, it can be more complex for non-prepacked foods such as meals provided in restaurants or takeaways and foods sold in food stalls or delivered to the home.
National legislation stipulates that food allergen information for non-prepacked food must, as a minimum, be provided in written format, but can also be provided verbally at any time. In certain circumstances, written food allergen information may need to be supplemented by verbal information, e.g., to assist people with vision impairment or other difficulties.
Recital No. 15 of the Food Information for Consumers (FIC) Regulation (EU) 1169/2011 specifies that EU rules apply to 'undertakings', but not to 'the occasional handling and delivery of food, the serving of meals and the selling of food by private persons, e.g., at charity events, or at local community fairs and meetings. The term 'undertakings' forms part of the definition of 'food businesses' in Regulation (EC) No 178/2002. This exemption from EU rules means that the mandatory declaration of allergens does not apply in certain situations.
A practical example is that of wedding cakes. Where the wedding cake is prepared by a food business, the declaration of allergens is mandatory, but not where the wedding cake is prepared on a private basis by a family friend or relation.