The FSA report – ‘Evaluation of the implementation of prepacked for direct sale (PPDS) allergen labelling requirements’ – looks at the impact Natasha’s Law has had on both businesses and consumers.

Officially named the UK Food Information Amendment 2019, the law was enforced in October 2021 following the death of Natasha Ednan-Laperouse. The 15-year-old, who had a severe sesame allergy, sadly died after eating a prepacked baguette which did not have the ingredients listed. She collapsed on a flight from Heathrow to Nice in July 2016 and despite her father administering two EpiPen injections, she died within hours.

Natasha’s Law requires businesses selling PPDS food to include a label with the product name and full ingredients list to each individual item, with all allergens highlighted within the list.

FSA EVALUATION

One year after it became a legal requirement across the UK, the FSA wanted to evaluate its implementation and the effect it has had on three key groups: Food Business Operators, Local Authorities and consumers with food hypersensitivities (FHS).

The FSA surveyed some 900 food business operators (FBOs) right across the UK, including 52 from Northern Ireland, as well as over 1800 consumers, including 102 from Northern Ireland. They also contacted all 398 local authorities, including all 11 Northern Ireland councils, receiving feedback from 124.

Nine out of 10 businesses (91%) said they were aware of the law, with 68% stating they felt they all the information needed to follow it.

Half of the FBOs said the new labelling requirements had increased their costs, mainly due to investment in new equipment or materials.

When looking at business practices, 81% of the businesses surveyed said they had made changes to their operations as a result of the new legislation, including asking customers at the point of sale (POS) if they had any allergies or food intolerances.

LIVES IMPROVED

Just over a quarter (26%) said they had changed they foods they sell, with 17% selling food that was previously PPDS as non-prepacked food and 16% selling more food packaged by other firms.

From a consumer perspective, 40% of people living with food hypersensitivity said their lives had been improved, with the greater impact felt amongst younger people aged between 18 and 34.

The FSA has committed to continuing to monitor the impact of the allergen labelling law and “local authorities will continue to make sure businesses are complying with it to keep people with food allergies safe”.

You can read the full report here: https://www.food.gov.uk/print/pdf/node/17131

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The legislation is intended to provide further protection for allergy sufferers, and give them confidence in the food they purchase. The new law requires more types of food to have potentially life-saving allergen information on the label.

The legislation is commonly referred to as ‘Natasha’s Law’ following the tragic death of Natasha Ednan-Laperouse. The young woman died after suffering an in-flight allergic reaction to sesame seeds contained in a filled baguette, which she bought at an airport. At the time, full ingredient labelling, including allergens, was not required by law.

Revised legislation

The revised legislation applies to products designated as ‘pre-packed for direct sale’ (PPDS) – food packaged at the same place it is offered for sale to consumers which includes pre-wrapped products kept behind a counter. From 1 October 2021 all PPDS food will need to have a label showing the name and quantity of the food and the full ingredient list. The label must have any of the 14 declarable allergens – celery, cereals containing gluten, crustaceans, eggs, fish, milk, lupin, molluscs, mustard, sesame, peanuts, soybeans, sulphur dioxide and sulphites, and nuts – clearly emphasised (for example in bold and underlined).

Pies, bakes and sausage rolls that have been baked and are then wrapped before being placed into a hot cabinet are classed as PPDS, along with sandwiches and wraps.

Natasha Ednan-Laperouse

Market stalls

PPDS includes food packaged by the same business and sold at a temporary or mobile site, such as a food truck or market stall, as well as food that is packaged in the same place and then offered at different units within one building, such as an airport, hospital, or shopping centre.

If a product is pre-packed and fully or partly enclosed by packaging, it cannot be altered without opening or changing the packaging, or is ready for final sale to the consumer, then again, it is classed as PPDS.

Information on the labels must be accurate, clear, not misleading in any way, and must be applied consistently across the product range to avoid any confusion. Any food that is not in packaging when it is ordered, or is loose and then packaged after being ordered, is NOT subject to Natasha’s Law.

Safe choices

As a result, consumers with a food allergy or intolerance will have all the information required to make a safe choice when buying PPDS food, particularly at checkouts, self-service order points or where there is no interaction with staff.

Compliance

The requirements of Natasha’s Law are undoubtedly going to present convenience food retailers and foodservice operators with a major challenge.

Responsible suppliers

Any business operating an in-store bakery and/or food to go operation must comply. Retailers must ensure that they are aware of what they are required to do. However, specially developed labels that facilitate the prominent display of any ingredients contained within products designated as PPDS will ensure compliance.

The harsh reality is that a severe allergic reaction can be fatal, or make a customer seriously ill. Retailers could also face financial and reputational damage for failing to comply with allergen information requirements. Local authorities enforce allergen information regulations and a retailer’s failure to comply could result in the authority taking action against them. A person convicted of an allergen offence will be liable to an unlimited fine decided by a Magistrate on a case-by case basis.

The amendments to the legislation – known now as Natasha’s Law – were introduced by Michael Gove, and to both England and Northern Ireland from 1^st October 2021.

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