food allergen information - charity fundraising event

agiaga

I hope somebody can answer my question or point me to the regulations.

Non registered food provider doesn't have to provide information for consumers about allergens present in the food as ingredients. Does this still apply if community/charity
organisation is providing food (as non registered food provider) at a premise which is registered food provider? Or the allergen information must be provided in this case?

Food is provided for occasional fundraising event, registered food business staff does not participate neither in preparation nor in handling of the food. Food provided is low risk (mostly home baked cakes without cream and bread), fully prepared outside the premise and donated by supporters. Cakes are only cut in the kitchen and sell/served in the room next to the kitchen. Then kitchen is used for washing up.

Savvy_Sue

Even if you don't have to provide such information, 'best practice' would surely be to do so to the best of your ability. 

You can get allergen labels (I've just linked to the first one I found!) which you can give to your supporters to put on their cakes. Or you can interrogate them as they deliver their cakes (but this is less reliable because the deliverer may not have made the cakes). 

It might also be sensible to have a poster saying something along the lines of "we are unable to confirm that any items on sale are free of any particular ingredient." 

Mind you, I'm unclear about the distinction between registered and non registered food providers, and would strongly recommend speaking to the staff of the registered food business to see what their take on this is. 

Owain_Moneysaver

Wrong.
Food allergen information MUST ALWAYS BE PROVIDED.
It may be provided verbally, in certain circumstances, but it must always be provided.


EU Food Information for Consumers Regulation No. 1169/2011 (EU FIC) is enforced in England, Scotland, Wales and Northern Ireland by the Food Information Regulations 2014 (each country has its own version which is the same in most respects). These provide for the declaration of the specified allergenic foods when they are used as ingredients in prepacked, non-prepacked and prepacked for direct sale. 

Article 14 of EC Regulation 178/2002 (General Food Law Regulation)

This provision applied from 1/1/2005. Paragraph (1) prohibits unsafe food from being placed on the market. For the purposes of the Regulation, placing on the market means the holding of food for the purpose of sale, including offering for sale or any other form of transfer, whether free of charge or not, and the sale, distribution, and other forms of transfer themselves. Food is deemed to be unsafe if it is injurious to health or unfit for human consumption, and Article 14 contains provisions for determining whether food falls within this prohibition.

Paragraphs (3) and (4) of this article are particularly relevant:

"(3). In determining whether any food is unsafe, regard shall be had:

a)to the normal conditions of use of the food by the consumer and at each stage of production, processing and distribution, and

b)to the information provided to the consumer, including information on the label, or other information generally available to the consumer concerning the avoidance of specific adverse health effects from a particular food or category of foods."

"(4) In determining whether any food is injurious to health, regard shall be had:

a) not only to the probable immediate and/or short-term and/or long-term effects of that food on the health of a person consuming it, but also on subsequent generations;

b) to the probable cumulative toxic effects;

c) to the particular health sensitivities of a specific category of consumers where the food is intended for that category of consumers."

(See guidance notes at food.gov.uk - Guidance notes and best practice on allergen and miscellaneous labelling provisions.)

Article 16 of EC Regulation 178/2002 (General Food Law Regulation)

This article requires that the labelling, advertising and presentation of food, including the information made available, should not mislead consumers.

These articles are enforced in Great Britain by means of the General Food Regulations No 3279/2004.

In addition to the criminal regime, liability can also arise at civil law under the product liability provisions of the Consumer Protection Act 1987 or under the common law of negligence. Under the Consumer Protection Act 1987 (CPA), a manufacturer can be held liable to consumers for injury, loss or damage suffered as a result of them supplying a defective product, whether or not they are negligent.

above from:

https://allergytraining.food.gov.uk/english/rules-and-legislation/

agiaga

I won't be arguing but 

Allergen information

If your activity does not need to be registered as a food business, you don’t have to provide information for consumers about allergens present in the food as ingredients. However, we recommend that you do so as best practice. 

If you are a registered food business, you will need to follow the allergen rules.

Above from https://www.food.gov.uk/safety-hygiene/providing-food-at-community-and-charity-events

agiaga

And to make it clear: I know the importance and best practice for it.
I'm also fully aware the responsibility.
Asking question as can't control or train people who bake and donate the cakes but I might be one of few people responsible for the event

stelee844

Can you not get your supporters/bakers to tell you the ingredients and compile an allergen sheet? 
It is a bit of extra work but should the worst happen at least you're covered and the charity and the charity event wont receive any backlash! 

Alternatively..it may be worth asking someone to provide Gluten/Dairy/Egg/Nut free products ONLY so anyone with specific allergens are catered for (but this obviously depends on the numbers you're likely to be receiving at the event)