Following the tragic death of 15-year-old Natasha Ednan Laperouse in July 2016, who died after eating a Pret A Manger (Pret) baguette containing sesame seeds, ‘Natasha’s Law’ came into effect on the 1st October 2021, what does that mean for your business in packaging food?
Everyone has the right to know that the food they have bought matches the description given on the label. If mislabelling is done deliberately, it is criminal fraud, whether it poses a food safety threat or not; falsely describing, advertising or presenting food is an offence and there are many laws that help protect consumers against dishonest labelling and misleading descriptions.
Millions of allergy sufferers across the country will be protected by a Natasha’s Law, there is now the requirement to include full ingredients labelling on pre-packed for direct sale foods (PPDS). Natasha’s law is formally known as The Food Information (Amendment) (England) Regulations 2019.
Prior to 2019, food prepared on the premises in which it was sold was not required to display allergen information on the label, this means allergy sufferers lack confidence when buying food out. ‘Natasha’s Law’ requires these foods to carry a full list of ingredients. PPDS food is food that is packaged at the same place it is offered or sold to consumers. It is a single item, consisting of the food and its packaging, that is ready for presentation to the consumer before it is ordered or selected.
At the time of Natasha’s death, Pret were not required to print allergen advice on the baguette wrapper itself as it was made on the premises and, therefore, is considered non-pre-packed food product. However, the new legislation means food prepared on the premises also needs to have a full list of ingredients.
It falls to local authorities to enforce the allergen information regulations. Failure to comply can result in improvement notices being issued where there are reasonable grounds for believing that your business is failing to comply with the food labelling laws. Breach of an improvement notice is a criminal offence. Your business can suffer severe economic and reputational damage.
Top tips:
- It is advisable to consider labelling foods with full ingredient labels, highlighting the 14 allergens where applicable for any food prepared on or off-site.
- Do address your company policies on food allergen labelling.
- Ensure that staff are adequately trained on allergens.
- Do review the free allergy training resource that is provided by the Food Standards Agency.
The content of this article is for general information only. If you are a company providing food and required further information or have been prosecuted by your Local Authority, please contact our food and drink specialist Julie Gowland or any member of Birketts’ Regulatory and Corporate Defence team. Law covered as at Autumn 2024.
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at November 2024.