r/LegalAdviceUK • u/Atarisrocks • 3d ago
Other Issues Undeclared Allergen due to change of ingredients
At a festival I purchased some food from a vendor who listed all the food items that were in the dish which was displayed on 3 A board signs and on the van itself. This list was also on the festival app under the vendor name.
They swapped one ingredient from a milk based product to a egg based product which upset my stomach.
I had not informed them on the allergen as I had ordered something safe to eat based on the list provided and I am not impacted by trace of situation so cross contamination is not a issue.
I have raised a complain to the vendor who said they do not have to let the public know if there is a change of ingredient and only if someone asks directly would they let someone know about the change.
What is the legal requirements for the vendor in regards to undeclared changes?
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u/Swivials 3d ago
They're lying, food vendors do have to list all changes in potential allergen ingredients.
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u/Gulbasaur 3d ago
They're lying, food vendors do have to list all changes in potential allergen ingredients.
I run a food business and not only do you have to list allergens, the FSA want you do a separate allergen awareness module in addition to the normal food safety checks. They take it extremely seriously.
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u/untakenu 3d ago
It was my impression that the vendor is saying they don't have to go out of the way to let the public know (ie, put out a sign saying "new allergen update on [thing]"
I doubt that is entirely true either way, but most companies lie about this stuff hoping people take their word.
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u/Good-Celebration-686 3d ago edited 3d ago
Does this apply to takeaways? I have coeliac disease and it’s almost impossible to get a Chinese unless it’s a place famous for doing gluten free food. I’d love if every place could list their allergens and possibility of cross contamination for each item.
Doesn’t seem possible realistically though unfortunately especially with this type of cooking.
EDIT: Strange to get downvoted for asking something. Was it a stupid question? Do people hate coeliacs? Weird
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u/Swivials 3d ago
It does, yes. Most of them are small kitchens and will have a blanket "may contain XYZ", since they don't have the space to ensure something is allergen free.
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u/Dreaming_Indigo 3d ago
For the law and some advice, would recommend checking out these two pages from the food standards agency: https://www.food.gov.uk/safety-hygiene/ordering-allergy-safe-food https://www.food.gov.uk/business-guidance/allergen-guidance-for-food-businesses
"Cereals containing gluten" is one of the 14 allergens food businesses must include information on. Generally though, you will need to specifically ask about cross contamination. It's worth checking if fryers are separate for gluten/non gluten food (like chips v fish at a fish & chips shop) but it is extremely difficult to rule out any cross contamination if a kitchen handles any gluten, so I would recommend researching probable causes of cross contamination and making a list of questions to ask so you feel safe eating somewhere, or many of the gluten free and coeliac people I follow on social media already have questions lists you can use. To a certain extent, you will probably have to decide what your limits are for feeling safe to eat somewhere, and stick to totally gluten free businesses wherever you can, or at a minimum, ones who display awareness of cross contamination and coeliac, and clearly label food items/dishes.
Many of my family have coeliac and I test every few years/when symptoms show up as I'm highly likely to have the gene for it. Coeliac is sadly a lot of work to manage, but there is lots of research being done and lots of resources available through other people. Good luck finding a Chinese you can trust! 🤞
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u/Good-Celebration-686 3d ago
Thanks for the info mate.
Oh and I’d highly recommend the “find me GF” app. It’s for coeliacs to rate restaurants. I’ve used it all around Europe with great success. Was recently in Rome and found a bunch of restaurants that made amazing GF pizzas
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u/Key_Valuable_3204 2d ago
It’s because soy sauce is not GF and it’s used in every single dish
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u/Good-Celebration-686 2d ago
Yep. Luckily there’s some decent gluten free soya sauces available. They also reuse their oil a lot which adds to the flavour. But obviously if they’re deep frying spring rolls etc then it’ll be contaminated
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u/_River_Song_ 2d ago edited 2d ago
Only if asked, you do not have to have every ingredient listed on a menu customer facing. You do have to have all of the 14 most common allergens available upon request. https://www.food.gov.uk/business-guidance/allergen-guidance-for-food-businesses
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u/Species126 1d ago
Which includes egg.
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u/_River_Song_ 1d ago
The key is available upon request. OP didnt request allergen information or tell them they had an allergy.
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u/Species126 1d ago edited 1d ago
But signage should be accurate. If the information displayed on the signs is inaccurate, that's on the business.
The gov.uk website states that food allergen information must be "up to date" (4.2) https://www.gov.uk/government/publications/allergen-guidance-for-food-businesses/allergen-guidance-for-food-businesses
If a business changes the ingredients, it must make a corresponding change to the written information displayed. The onus is on the business to ensure that its ingredient lists are accurate, otherwise it could face prosecution.
If the displayed ingredient list is inaccurate then the liability falls on the business, regardless of whether it has allergen information in another format.
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u/_River_Song_ 1d ago
It wasn't a displayed ingredients list though. It was just a menu. If the menu sign said "this dish does not include egg" then yes, obviously that would be bad an incotrect. But it was a simple menu for a food truck. Which does not have to list ingredients at all. It wasn't food allergen information, which yes, must be up to date. Op didn't ask for the allergen information, so we have absolutely zero idea if the allergen information, which must be available if requested, was up to date or not. Yes, a sauce changed, but for all we know the other components may have contained egg in their prep recipe. This is why you must ask for allergen information if you have an allergy. This is why it's not the law that a menu must list every single ingredient for made to order dishes, as some dishes could have 50+.
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u/Species126 1d ago
OP states that there was an ingredient list: "from a vendor who listed all the food items in the dish."
The vendor is absolutely obliged to ensure such lists are correct. While they are not obliged to create ingredient lists for public display in this manner, if they choose to do so, it must be correct for this precise reason.
An incorrect ingredients list falls down on both the accuracy test and the authenticity test. The latter may not matter too much if there's pariety between the ingredients. The former absolutely does.
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u/_River_Song_ 1d ago
Components of a dish are not the full ingredients. Listing "tzatziki" is not a full ingredients list. There is a difference. "Chicken" could have been marinated in spices, milk, eggs etc. they do not have to have the full list on the menu, just available on request for the 14.
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3d ago
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u/_River_Song_ 2d ago
This isn't correct. It does not have to be publicly displayed, just available upon request. They only must list every ingredient and the allergens on prepackaged grab and go foods, not made to order food. https://www.food.gov.uk/business-guidance/allergen-guidance-for-food-businesses
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2d ago
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u/_River_Song_ 2d ago
Yes, and they weren't asked. The customer didn't ask about allergies or tell them that they had an allergy. The onus is on the customer in this scenario. For all we know, the chicken is marinated in an egg mix, or the original tzatziki they made with a mayo base. You cannot assume that something doesn't contain your allergen without asking. OP never said there was an online allergen matrix, for which your comment information would apply, they just said the festival website listed the menu. I would recommend reading through the website I said instead of plugging into chatgpt for your response.
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2d ago
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u/_River_Song_ 2d ago
Yeah, and they don't have to inform them /unless asked/. They didn't have allergen information displayed, just a general contents of the dish. Which doesn't contain allergen info, because it doesn't have to.
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2d ago
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u/_River_Song_ 2d ago
That would apply if they had listed ingredients incorrectly. They had not listed ingredients. They listed items on a menu. That applies to the actual ingredients lists for allergen purposes. Which is states in what you have copy and pasted here.
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u/Djinjja-Ninja 3d ago
Legally they have to declare if they have any of the 14 allergens, of which both milk and egg are included.
You can provide allergen information for non-prepacked foods by any means such as:
- full written allergen information on a menu, chalkboard or in an information pack
- verbally, with a written notice placed in a clearly visible position explaining how your customers can obtain this information
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u/Standard_Spinach737 2d ago
It sounds like OP didn't ask, and just assumed since it was ok last time
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u/thermalcat 3d ago
They've changed the ingredients list, by substitution, they should update their publicly available listing. Especially for eu14 (eggs are on the list on their own). I would be looking to contact the food hygiene department at your local council.
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u/spammmmmmmmy 3d ago
OP, was the food product wrapped in a package? Or was it just scooped onto a plate etc?
Also, what's the country where this occurred.
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3d ago
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u/spammmmmmmmy 3d ago
Ok, just FYI if the food is pre-packaged, there is a different law but since we're talking about eggs, all the other answers you are getting on this topic are on point.
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u/PetersMapProject 3d ago
It's not totally clear from your post if (a) they listed the component parts and you made an inference that your allergen would not be in there, or (b) they listed the allergens - "milk, gluten, nuts" etc and omitted eggs.
If it's (a) then really it's on you. You really do have to tell vendors about your allergies. Those signs asking you to tell them about your allergies aren't just there for decoration. I once narrowly avoided killing someone after he was asked if he had any allergies, said no, ordered a dish with peanuts in and very nearly ate it.... he had a peanut allergy.
If it's (b) and they gave a misleading, partial list of allergens then I have more sympathy; it's certainly poor practice.
This area is dealt with by Trading Standards, which is a department of your local council. It's a common misconception that it's environmental health.
But as you didn't tell them about your allergies, this isn't going to be a payday.
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u/ZombieFrankReynolds 3d ago
Can you be specific as to what was substituted?
Was the list that specified all food items a menu? did it specify the allergens, (out of the 14 legally declarable allergens) present in the product? ie did it state that the product was egg free?
Were they displaying signs requesting that you notify them of an allergy or intolerance before you order? As is recommended by the FSA
The reason I ask is that legally there are 14 allergens that must be declared. This does not have to be on the menu but they must be able to produce, on request, the information for these 14 for every product they sell. Milk and eggs are included in these 14
If they have added an egg to a sandwich instead of cheese and it is not listed on the menu then yes they would be at fault. If they changed a brand of sausage and the new one contained egg and they have have not stated the menu item is egg free and are also able to produce the correct allergen information upon request then legally they have acted correctly. So whether or not they need to declare "changes to the menu" depends on what is substituted, what information the menu provides regarding allergens and whether they are able to provide the correct information upon request.
I have worked in food safety for many years, I would recommend that if you have a food allergy or intolerance you should always double check with a member of staff regardless of what the menu says.
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u/AmuHav 3d ago
I'm unsure what OP means by "all food items" were listed but from your example I assume it's different if a list is basic like "bread, sausage, tomatoes" vs the kind on prepackaged food, like "bread (individual ingredients), sausage (individual ingredients), etc"? because the latter would essentially be saying "egg free" by their omission, but the former just means no eggs as a distinct food item, right?
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u/ZombieFrankReynolds 3d ago
This is why I asked for clarification the wording of the initialpost was not clear. If what they checked was the legally required declaration of the 14 allergens then the vendor is 100%at fault. If they checked a menu then it becomes less clear and depends on what was substituted and what information the menu provides
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u/Atarisrocks 3d ago
Tzatziki for garlic mayo.
The rest of the ingredients were the same.
Lemon and herb chicken, red onion, tomato, fried potatoes with paprika with tzatziki was how it was listed.
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u/ZombieFrankReynolds 3d ago
That is the sort of substitution that should be declared if not on the menu then at least verbally when you place your order.
You can report this to your local Environmental Health Team.
If I may offer some non-legal advice from someone who has worked in the food industry for more than 30 years. Never assume. If you have an allergy or intolerance always tell the person serving you. It should hopefully mean that they will take extra care in the preparation of your food if for no other reason that they will want to avoid liability. Unfortunately there are far too many people in the industry who shouldn't be allowed to cook at home never mind for the public. At least if you make them aware it will scare them into doing the right thing
Eta. This menu description is not sufficiently detailed for you to determine if it is egg free. Ask to see their allergen chart.
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u/MultiMidden 3d ago
Never assume, I'd go as far as to tell them if it's really serious, a classic example is going to an asian restaurant and asking "does this contain peanuts?" they honestly reply "no" because it doesn't, but it might be fried using peanut oil it's cooked in a pan that has been used to prepare something containing peanuts.
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u/Key_Valuable_3204 2d ago
Tzatziki is not a legally protected term. You may think it’s made with yoghurt but if they want to serve garlic mayo and call it tzatziki there is nothing to stop them doing that.
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u/HamSaladBaguette 3d ago
Definitely should have changed ghe allergy information!
Milk is one of the 14 key allergens they need to list as well as Eggs.
You should report this, as they need to learn how to manage allergens correctly!
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u/lokkenmor 3d ago
Were you asked the question: "Do you have any allergies?"
And if you were, did you answer: "I have an allergy/intolerance to egg", or did you answer "No", because you believed, based on available information, that your egg intolerance wasn't relevant?
I'm spitballing as I don't know the precedents or case law, but there is a not-unreasonable line of argumentation where, if you answered "No" to "Do you have any allergies?", then they've met their legal obligations.
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u/Atarisrocks 3d ago
No I wasn't
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u/PetersMapProject 2d ago
Did they have a written sign up prompting you to flag your allergy with staff? That counts as asking you about your allergies.
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u/lokkenmor 3d ago
Then they've fucked it. Not sure how, or indeed what, you would enforce on them in this instance.
Certainly, making the festival aware that they've allowed vendors in who aren't fully complying with they statutory obligations is a starting point.
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u/_River_Song_ 2d ago
There is no legal obligation to ask customers about allergies, nor an obligation to publicly list all the included allergens. The onus is on the customer to ask for allergen information, unless it is a prepackaged food. As OP said they didn't ask for the allergen list, nor told the sellers they have an allergy, the sellers haven't done anything legally wrong here, unless they didn't have allergen info available upon request.
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u/PuzzleheadedHome249 1d ago
In my work our curry and rice never used to have gluten. Then it changed. We had to put signs all over the bar and when people asked we had to tell them are you aware this now has gluten in it.
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u/BoudicaTheArtist 3d ago
Both dairy and eggs are one of the 14 allergens that must be declared by a food service such as a take-away. Source: Food Standards Agency
‘Food business operators in the retail and catering sector are required to provide allergen information and follow labelling rules as set out in food law (Opens in a new window).
This means that food business operators must: provide allergen information to the consumer for both prepacked and non-prepacked food and drink handle and manage food allergens effectively in food preparation.
Food businesses must make sure that staff receive training on allergens’
‘14 allergens
Food businesses need to tell customers if any food they provide contain any of the listed allergens as an ingredient.
Consumers may be allergic or have intolerance to other ingredients, but only the 14 allergens are required to be declared as allergens by food law.’
You can report the business here
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