5 minute read
Food businesses and
Food businesses and allergies - whose responsibility?
With apps and online ordering for delivered and take-out meals having taken centre stage in recent times, it’s more important than ever before for operators to pay close attention to their allergen labelling and the allergen awareness of their staff.
A FAMILY’S CALL
“In July 2020, James Atkinson tragically died after eating a slice of pizza he had ordered via a delivery app. He had a known peanut allergy; his cause of death was due to an anaphylactic reaction,” reports Tess Warnes, company dietitian at food procurement company, allmanhall. “An inquest into his death is to take place in October 2022 as the circumstances surrounding his death are unclear. It has been suggested the pizza he ate that day may have been made with peanut flour instead of the usual almond flour. The family are calling for a change in the law around takeaway foods and apps for ordering food.”
WHAT ARE THE CURRENT FOOD ALLERGEN LAWS?
“The Food Allergen Regulations 2014 state all businesses must have a full traceability system in place to be able to track the ingredients used, and must also provide allergen information for all products sold in the finished goods. This information must be readily available on demand if a customer asks for it,” Tess Warnes continues.
“Natasha’s Law came into effect September 2021 and applies to foods that are prepacked for direct sale (PPDS). PPDS foods such as sandwiches, baguettes and pastries are made and packaged onsite to be sold to customers. These foods must contain a full ingredient list with the allergens highlighted in bold. This would apply to cafés/delis that sell ready packaged items that have been made onsite.”
FOOD ON THE GO
“Regulations for PPDS food that may be provided by a fast food or takeaway restaurant only apply when the customer orders in the shop (not online or by phone), and includes foods such as cartons of chips or chicken nuggets in packaging and placed under a hot lamp, breakfast or lunch boxes ready for sale to the final consumer, prepacked paninis or boxes of pizza which can be reheated at the consumer’s request and prepacked sandwiches or salad boxes,” explains Tess Warnes. “Food ordered online or over the phone is classed as distance selling and therefore Natasha’s Law does not apply. Businesses selling PPDS food this way only need to ensure that mandatory allergen information is available to the consumer before they purchase the product and at the moment of delivery. This can be provided on the website, via a menu or over the phone.
“As food delivery apps and online delivery services are not
so tightly regulated for allergens, it does leave a number of loopholes where errors can occur.”
What can you do as a business to improve allergen management for takeaway services? Tess Warnes advises the following. 1. Include allergen information on online menus. 2. Ensure any online ordering methods/apps include the ability for customers to notify/flag up any allergies they may have. 3. For any phone orders staff should ask about allergies. 4. Create an allergen sticker to go on takeaway boxes to highlight allergens in delivered food. 5. Make customers aware of any changes to dishes. 6. Ensure all staff have up to date allergen training.
DELIVEROO TAKE ACTION
On learning about the tragic incident in 2020, Deliveroo suspended Dadyal restaurant (the restaurant concerned) from the platform and contacted and co-operated with the police, providing specific details requested. They also contacted the FSA and Northumberland Council Food Safety team. The restaurant remained suspended until Environmental Health and the police confirmed that the restaurant could trade again and were relisted later in July. Dadyal was also available on other food delivery platforms. The police investigated the incident at the time and found that neither Deliveroo nor the Deliveroo rider who delivered the order were suspects in the investigation. At the time of the incident, a cross-contamination notice on the Dadyal restaurant page in the app mentioned that all dishes may contain traces of peanuts. Customers were also urged to contact the restaurant to ask questions about allergies in a ‘Help with allergies’ section and an up-to-date phone number was provided. “This is a tragedy and our thoughts are with the family and friends of the young man who so sadly passed away. Deliveroo has been in contact with the police, who confirmed that the company has acted properly at all times, and continues to comply fully with this investigation. The company will cooperate in full with the Coroner’s Inquest and will share all information requested by the Coroner. We are committed to doing all we possibly can to assist this investigation and our hearts go out to all those involved,” said a Deliveroo spokesperson.
HOW DOES DELIVEROO APPROACH ALLERGEN INFORMATION?
Firstly, say the company, they prominently signpost customers with allergies to contact the restaurant to ask about ingredients and cooking methods in the ‘Restaurant Info’ section at the top of the menu, which contains information on allergens, hygiene ratings and more. This ensures customers will always be able to contact the restaurant to ask any questions they may have in relation to the allergens contained within the dish before placing the order. They also have functionality which allows their Restaurant Partners to add item-by-item allergen information onto their menu. Where their Restaurant Partners have elected to include this information, it will display under the product in question on their menu. This again ensures customers are equipped with information they need to order safely according to their allergen needs, say Deliveroo.
However, add the company, they recognise that for some of their Restaurant Partners, particularly those where menus and ingredients may change on a regular basis, including allergen information on the menu may not be appropriate. In these cases, it remains more appropriate for restaurants to ensure their staff are properly trained to answer queries in relation to allergens over the phone, backed up by updated allergen matrices at the restaurant, they advise. This is why they prominently display the restaurant’s phone number and instructions to call the restaurant (a phone number is always available for customers regardless of whether they provide allergen information elsewhere in the app), they also point out.
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