Allergen legislation for non-prepackaged products

There are guests and customers with specific dietary restrictions. Some of these become seriously ill due to certain allergens in products, such as those with food allergies or celiac disease. People with celiac disease (pronounced "see·lee·ak") cannot tolerate gluten. These are proteins found in certain grains.

Allergen legislation applies to businesses that sell food to consumers. This applies to products in the hospitality industry, fresh food stores, markets, etc. Pre-packaged products are subject to other requirementsAs of January 1, 2026, these prepackaged products are required to indicate cross-contamination of allergens. This is called Precautionary Allergen Labeling (PAL).

What are non-prepackaged products?

A legal distinction is made between prepackaged and non-prepackaged products. Non-prepackaged products are sold directly to consumers and are often prepared at the point of sale. These products have no label or a label with limited information. This concerns the following products:

  1. No packaging: Dishes are consumed immediately after purchase or paid for after consumption. These products have no packaging. Examples include:
    • catering companies and catering;
    • other meal providers.
  2. With packaging: offered for sale in a store or other location, to be taken home. Packaging is then applied to the product on-site. Examples include:
    • bread baked in the supermarket, freshly sliced ​​cold cuts or cheese;
    • fresh food store;
    • artisan baker/butcher, etc.;
    • on the market (or street trading);

The NVWA has a decision tree drawn up to determine when a label with full information is required (pre-packed product) and when only allergen information needs to be provided (non-pre-packed).
Artisan products can be non-prepackaged or prepackaged (when sold by a third party). For prepackaged artisan products, all mandatory information, including a PAL, must be provided. However, for prepackaged products, artisan food businesses are not required to conduct a quantitative risk assessment. 

What information must be given?

There is European legislation that states that allergen information about fourteen ingredients must be provided. For each product, it must be indicated whether one of these fourteen allergens was used in its preparation. 

The Dutch Commodities Act Regulation explains allergen information for non-prepackaged foodstuffs how that needs to be done. This is explained below.
For non-prepackaged products there is no legal obligation to provide the following information:

Allergen registration and recording allergen information

The allergen information for products and dishes must be sorted out in advance so that this information can be provided immediately if a guest or customer has a question. For products that are not prepared in-house, such as a cookie with coffee, the label on the product or outer packaging can be used. Every allergen used in the product is clearly listed in the ingredients list, for example, in bold or capital letters. Information about cross-contact is included in a separate sentence, often close to the ingredients list. This sentence can be identified by the words "May contain xxx" or "Not suitable for xxx." 

If a product is prepared in-house, the allergen information can be recorded in an allergen registration.
This records the allergens present and potential allergens due to cross-contact in a detailed and clear manner.

Free Download
allergen registration

This document is the same as the allergen checklist from the NVWA but our document is created in Word.
This makes it easy to fill out. It's also easy to edit. In Word, go to the Review menu option. Click Restrict Editing in the Protect group. A right-hand panel will appear. Click the Stop Protection button at the bottom.

Cross-contact of allergens

Allergens can be present in a product as an ingredient, as part of the recipe, or accidentally through cross-contact. Cross-contact occurs, for example, through the use of the same utensils or inadequate cleaning. This can often be prevented through preventative measures. However, small amounts of an allergen can still end up in a product. For people with severe allergic reactions, this is crucial information: for them, it doesn't matter how the allergen got into the product, but that it's there.
It is therefore important to include cross-contact listed for raw materials in the allergen registration on the basis of which the customer is informed.

Cross contamination is potentially present ingredient. It won't always be present. People with allergies react differently. Some experience a severe reaction even with very small amounts, while others can tolerate small amounts. Therefore, not everyone needs to take cross-contact into account.
It is therefore important that allergens, due to cross-contamination, are not communicated in the same way as allergenic ingredients. See the "Icons" section for further explanation when icons are used for communication.

Cross-contact can also occur during preparation. In that case, it must be determined whether it is possible to prepare a product or dish with ingredients that are free of cross-contact and where no cross-contact occurs during preparation. Cross-contact in your own process is best assessed on-site and in consultation with the customer. A warning such as "We process all allergens in our facility" is non-specific information and is not useful information for consumers.

Free download allergen icons

Allergenen Consultancy has developed recognizable icons for each of the fourteen legal allergens. These visual aids can be used to inform customers about product composition. This is a written form of communication. These icons can be printed on menus, posters, or shelf labels.
Also are stickers available, including chalkboard stickers.

allergens icons

Use icons

  • Use an icon if the allergen is in the product or dish being present is. Indicate in this way the allergens that are included in the product's ingredients.
  • Do not use icons to absence To indicate an allergen (for example, a grain stalk for a gluten-free product). An icon with a line through it is usually used for this purpose.
  • Do not use the icons to indicate either cross contactCross-contamination can arise from the ingredients used and the restaurant's own processes. Because not all allergy sufferers need to worry about cross-contact, it's best to discuss this personally with the guest or customer. The distinction between an allergen as an ingredient and potential presence due to cross-contact is important to them. In such a discussion, we can jointly determine the measures needed for adapted preparation. This could include omitting a specific ingredient from a dish or adjusting a component, such as the sauce.

Make it clear to customers what each icon means and what information it conveys. Our legend card provides a clear explanation of all the icons and encourages customers to engage in conversation when potential cross-contact is a concern.

Download
allergen icons Download
legend map icons

How should allergens be stated?

The allergen information may be provided in a variety of different ways.

Written

This includes menus, shelf or counter signs, (digital) information kiosks, or information folders. A label can also be used for products packaged and sold in a store. 

There are 3 conditions attached to this:

  1. Allergen information must be available to consumers.
  2. Allergen information must be available at the place where the products are offered.
  3. The allergen information is available in writing or electronically.

If written information is chosen, icons are used. See also below.

Oral

When the information is passed on orally, the allergen information must be indicated on the menu or a sign. A company that opts for oral communication must be able to guarantee the content and reliability. This can be done, among other things, by following a training course.

There are also conditions attached to this way of communication:

  1. A clearly visible notice or trigger is placed at the place of sale, for example via a sign or our legend mapIt states that customers can contact the staff with questions about allergens.
  2. The allergen information must be provided before the purchase takes place.
  3. The allergen information is also available in writing or electronically for staff and NVWA inspectors.

Chalkboard of Kamer26

Allergen information step-by-step plan

By law, customers must be informed about allergens to make safe choices. For some people with severe allergies or celiac disease (reactions to gluten), additional precautions are necessary. In these cases, it must be ensured that the allergens to which a person reacts are not present. This is often done in consultation with the customer.

Below are the steps for creating allergen information and offering customers a safe choice in a hospitable way:

1. Raw material information

Check the allergen information for all raw materials purchased and used: ingredients, herbs and seasonings, beverages, and even packaged cookies for coffee. Check the packaging, consult the supplier, or consult databases (e.g., PS in FoodserviceKeep this information up to date, as products may change.

2. Record the composition/recipe

Check the ingredients used for each recipe. Garnishes are also part of the recipe. If products vary in composition, make agreements about which ingredients can and cannot be used. Ensure that the allergen registration is always accurate.

3. Determine and communicate allergen information

Create an allergen summary for each product. Use the recipe and information about the ingredients. For example, use registration list allergen information or software that stores recipe information or ingredients. Consider how you will inform guests. There are many different options: via the menu or shadow card, signs on the counter. This can be done with or without icons. But verbally is also allowed.

4. Avoid mix-up

Simply using the wrong ingredient, serving a different product, or giving it away can cause the allergen information to be incorrect. It must be clear what all products in the pantry and freezer are. This requires stickers to use. Communication between the kitchen and service is also important: from accepting reservations, taking orders, and serving (side) dishes.

5. training

Ensure all employees have a basic understanding of food allergies and allergens. Ensure everyone, including temporary staff, knows what to do if a customer has a question about allergens. This may also involve involving a more knowledgeable colleague.

6. Prevent cross-contact

Ask if the guest/customer needs to take into account cross-contact. Check all raw materials for cross-contavt at the supplier's premises. Do not use products with a warning, or discuss this with the customer. Ensure that no contamination of other products occurs during preparation. Thoroughly clean the work area and all materials. Wash hands and prepare a product from scratch (cross-contact can also occur through the food preparation on forehand). Never remove an allergenic ingredient from a finished product. Preparation or production in the same space is not a risk, only if product contact can occur. See also theQ&A from the NVWA.