News item from 03-09-2017
Allergen legislation interpretation document
Last summer, the European Commission published a document clarifying various questions about the interpretation of the legislation regarding the declaration of allergens (Regulation (EU) No 1169/2011).
The document provides clarity on various topics. The details are listed below.
Interpretation of allergens
The document clarifies what exactly is meant by 'gluten-containing grains' and 'nuts'. These are only the substances that are explicitly mentioned. For example, 'nuts' contains a list of 8 species. For example, shea nut is not listed there and therefore does not fall under the legal definition of nuts.
For 'egg' and 'milk' it is indicated that this concerns eggs and milk from all animals, not just chicken eggs or cow's milk.
Ingredients such as 'cream' and 'cheese' are considered sufficiently clear that these are milk ingredients. Then the word 'milk' does not have to be used.
Gluten-containing grains
For grains, the species name must be stated. Since spelled and khoransan wheat are types of wheat, the word 'wheat' must be used when listing these ingredients. In the case of spelled, this can be done in the following ways: wheat or wheat (spelt) or spelled wheat.
The word 'gluten' does not have to be mentioned when using a gluten-containing grain, but may be used additionally.
For gluten-free products that use one of the grains (such as oats or gluten-free wheat starch), this grain must still be listed and highlighted as an allergen in the list of ingredients.
Way of mentioning
There is no prescribed way of highlighting an allergenic ingredient in the ingredient list. It can be done through the font, style or background color.
It is sufficient to emphasize only the word (part) that corresponds to the material mentioned in the law (Annex II). So when using the ingredient milk powder, 'milkpowder'.
For compound ingredients, only the sub-ingredient, which is listed in Appendix II, must be emphasized. So a sandwich with mayonnaise does not emphasize mayonnaise, but the sub-ingredient egg and mustard.
Allergen summary
An additional, voluntary statement with a list of the allergens present is not possible. The text "Contains:" or "Allergen information:" is often used on labels. The allergens are summarized and, if necessary, clarified. Clarification is made by, for example, also using the word gluten for wheat or also mentioning lactose for milk.
However, a summary of the allergens used is no longer permitted. By the way, a warning is allowed possible existing allergens can still be used (see also below).
Adjustment of the allergen list
The current list of fourteen allergens can be adjusted by removing or adding substances. Explanation has been given about how such a request can be submitted.
Not explained
The document provides more clarity on several points. However, some points have not yet been highlighted. In explanatory documents about the Regulation by various Member States, a number of the points below are clarified, but they are not explicitly answered in this European document.
- Should sulfite, which is naturally present in certain products, be considered an ingredient? And what about naturally occurring sulfur compounds (in dried onion and garlic, among others), which can give a positive result in the standard sulfite analysis.
- Do sprouts from wheat, mustard, soy and celery and mustard leaves also fall under the allergen in question? This includes, for example, wheatgrass, mustard cress, soy sprouts and mustard lettuce (also called mizuna).
- How and when should possible unintended presence of allergens be reported? Article 36.3.a of Regulation (EU) No 1169/2011 states that implementing acts will be adopted. That has not yet been implemented.
- Various allergenic substances are used in crop cultivation, including:
- Beer (gluten)
- Mustard
- Whey (milk)
- Sulfur/sulfites
In certain applications, these substances can come into contact with crops and therefore also be consumed. According to Regulation (EU) No 1169/2011, residues are not included in the definition of an ingredient. Should allergenic substances used in the cultivation of plants be listed as allergenic ingredients on the label?