REGULATIONS - Allergens on the label, the most frequent mistakes

For several years, this writer has been dealing, among other things, with consumer information on allergenic ingredients. The European rules, which started with Directive 2003/89 / EC, have been strengthened and integrated into the regulation 'Food Information to Consumers' ⁽¹⁾. But disinformation reigns supreme, as evidenced in this brief review of the most frequent violations of food labels.

Examples of food labeling not compliant with reg. EU 1169/2011. As prescribed, most of the operators graphically highlighted the allergens with respect to other ingredients. However, neglecting several crucial aspects for information consistent with European legislation. Some examples:

- '00 flour', 'wholemeal flour'. These terms express the degree of refining, but not also the cereal or legume of origin which must instead be specified, with evidence of whether allergenic (see next point, without forgetting soy),

- 'contains gluten', 'may contain (cereals containing) gluten'. The presence of gluten is common to various cereals, which however must be mentioned individually (wheat or wheat, spelled, khorasan wheat, rye, barley, oats), as each of them can be linked to a specific allergy ⁽²⁾. And this also applies in the case of involuntary presence,

- 'contains / may contain nuts in shell'. Regulation 1169 refers to the obligation to highlight the presence of 'dried fruit in shell, that is to say (...)' ⁽³⁾. Furthermore, since nuts are not among the ingredients that can be designated with the name of that category instead of with the specific name ⁽⁴⁾, the presence of each of the individual ingredients must always be specified and highlighted. Whether it is walnuts, almonds, hazelnuts, pistachios, peanuts, cashew nuts (or cashews), pecans, Brazil nuts, macadamia nuts, the reference must be strictly precise and never generic.

- 'margarine ',' potato flakes (or starch) ',' milk chocolate ',' balsamic vinegar '. These and many compound ingredients are often mentioned without specifying, as a duty, their individual components. The latter must be reported in brackets, in descending order, with graphic evidence of the allergenic ones. Except for some rare hypotheses ⁽⁵⁾,

- 'produced in a factory where you also work ...'. The person responsible for the information on the label ⁽⁶⁾ must guarantee complete and exact information on the actual content of the food, as part of the list of ingredients. Entries referring to the production plant and its processes ⁽⁷⁾, since they are not covered by the regulation, they are to be understood as illegitimate ⁽⁸⁾,

- 'may contain traces of ...'. The European Food Safety Authority (EFSA) has recently confirmed the impossibility of establishing a contamination threshold by allergenic ingredients below which it is possible to exclude the risk of immune reactions ⁽⁹⁾. To report 'traces of ... (allergenic ingredients)'it is therefore an unsuitable communication to represent the presence of harmful substances to vulnerable consumers,

- 'Allergens: (...)'. The regulation does not provide for this wording, the use of which may lead the consumer to believe that the following list includes not only the ingredients listed in Annex II ⁽¹⁰⁾, but the widest range of foods subject to specific sensitivities (e.g. kiwi, pineapple, strawberries, broad beans, yeast, nickel, nutmeg and other spices, etc.).

The FARE team ('Food & Agriculture Requirements') is available to companies and their associations, authorities and organizations, for training activities and audit, label design and revision, consultancy. For information and quotes, write to [email protected].

Dario Dongo

Footnotes:

(1) EU Regulation 1169/11, http://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32011R1169&from=IT
(2) Cereals containing gluten, namely: wheat, rye, barley, oats, spelled, kamut or their hybridized strains and derivatives, except: a) wheat-based glucose syrups, including dextrose; b) wheat-based maltodextrin; c) barley-based glucose syrups; d) cereals used for the manufacture of alcoholic distillates, including ethyl alcohol of agricultural origin'(See EU Reg. 1169/11, Annex II, paragraph 1). See also http://www.ilfattoalimentare.it/nocciole-allergene-font.html,
(3) 'Nuts, namely: almonds (Amygdalus communis L.), hazelnuts (Corylus avellana), walnuts (Juglans regia), cashew nuts (Anacardium storico), pecan nuts [Carya illinoinensis (Wangenh.) K. Koch ], Brazil nuts (Bertholletia excelsa), pistachios (Pistacia vera), macadamia nuts or Queensland nuts (Macadamia ternifolia), and their products, except for nuts used in the manufacture of alcoholic distillates, including ethyl alcohol of agricultural origin. ' (EU Reg. 1169/11, Annex II, point 8),
(4) 'Ingredients designated with the denomination of a category rather than with a specific denomination' (EU Reg. 1169/11, Annex VII, Part B, title),
(5) 'The list of ingredients provided for compound ingredients is not mandatory' in the following cases only:

1. when the composition of the compound ingredient is defined in the framework of current Union provisions and to the extent that the compound ingredient is involved for less than 2% in the finished product; however, this provision does not apply to food additives, without prejudice to Article 20 (a) to (d);
2. for compound ingredients consisting of mixtures of spices and / or aromatic plants constituting less than 2% of the finished product, with the exception of food additives, without prejudice to Article 20 (a) to (d); or
3. when the compound ingredient is a food for which the list of ingredients is not required by Union provisions. ' (EU Reg. 1169/11, Annex VI, Part E),

(6) the owner of the trademark under which the product is marketed, it should be remembered, must indicate on the label his name or company name and headquarters and is primarily responsible - towards the public and the authorities - for what concerns the truthfulness and the completeness of the information on the label (EU regulation 1169/2011, article 8),
(7) Any mandatory information on foods required by the legislation on information on foods they fall, in particular, into one of the following categories:

1. information on the identity and composition, properties or other characteristics of thefood;
2. information on consumer health protection and the safe use offood. This information relates in particular to: i) the attributes linked to the composition of the product which may have a harmful effect on the health of some categories of consumers (...)'(EU reg. 1169/11, article 4, '' Principles governing mandatory food information.'Evidence in bold by the author of the article),

(8) 'Any food intended for the final consumer or for the community is accompanied by information that complies with this regulation.' (EU Reg. 1169/11, article 6, 'Basic requirement'),
(9) http://www.efsa.europa.eu/en/efsajournal/pub/3894.htm,
(10) Regulation 1169 in fact refers to 'Substances or products causing allergies or intolerances' (Annex II, title).

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