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Allergen labelling information in summarising the new mandatory allergen declaration requirements
Food allergy is very serious, causing illness and even death. Food allergies occur in around 1 in 10 babies, 1 in 20 teens and 1 in 50 adults. The most severe allergic reaction is known as anaphylaxis – which is potentially life threatening.
Food businesses must be aware of their responsibility to declare and manage allergens when required, and the requirement to recall or quarantine recalled products.
Most people who have severe food allergic reactions in Australia have them when eating food prepared by another person. Allergic reactions and fatalities have occurred from people consuming food purchased in food service businesses, and from undeclared allergens in packaged foods.
In Australia most recalls are due to undeclared allergens in packaged foods. Visit the FSANZ recall page for up to date information.
Even very small amounts of an allergen in food can trigger a reaction. The most common things that trigger reactions in Australia must be declared when required. When and how allergens must be declared is stated in Standard 1.2.3. The allergens that need to be declared are listed Schedule 9 of the Food Standards Code:
Allergen labelling postcard in plain English (PDF 107KB)
Information about allergens can be provided in several ways depending on how the food is provided to the consumers.
If a business doesn’t provide food allergen information, or if an allergen is found in food that was not declared, you may be breaking the law, and putting your consumers at risk of illness, injury, or even death.
Food businesses must be honest and provide accurate information to consumers, you must take food allergies seriously. A food business is not obliged to provide an allergen free food or meal to a consumer unless the business agrees to, but if agreed, steps must be taken to ensure the food is allergen free.
Consumers have a legal right to receive written or verbal information on allergen content if they ask for it when buying food. This is a requirement of the Food Act 2001 and the Food Standards Code. Penalties for falsely describing food which causes harm to a person can include large fines or imprisonment up to four years.
PART 1.2 of the Food Standards Code sets out the requirements for labelling of packaged food and for providing information about unpackaged food.
It is the responsibility of food businesses to ensure they are correctly labelling products and providing information to consumers. Where a packaged food is found to have an undeclared allergen, a recall or withdrawal will be required at the expense of the business. Fines can also apply under the Food Act 2001.
Food businesses that make or import packaged foods must meet the allergen labelling requirements set out in Standard 1.2.3 Information requirements - warning statements, advisory statements and declarations. The allergens in Schedule 9 table S9-3 must be declared on labels:
If businesses make “allergen free claims” such as “Dairy Free” or “Gluten Free" they must meet the requirements of Standard 1.2.7 Nutrition, health and related claims and additional labelling requirements of Standard 1.2.8 Nutrition information requirements.
The following business types must comply with these labelling requirements :
“May contain” statements can be used to indicate that during harvest, storage or manufacture, the product may have been unintentionally cross contaminated with an allergen, which may be a risk to an allergic consumer. These statements are voluntary statements and not regulated by the Food Standards Code, business may choose use them to provide extra information to the consumer.
Food businesses can make allergen free products in the same facility they use to produce other products containing other allergens, by using good allergen management practices. These practices include creating a product scheduling, alongside appropriate controls for cleaning, sanitising, and cross contamination. Consumers can contact manufacturers if they have questions about their “may contain” statements.
Retail: Some packaged food for sale is not required to have a label, for example:
In these circumstances product information such as ingredients and allergen information must be available and either:
When a consumer identifies that they have a dietary requirement such as a food allergy or intolerance, you have a legal responsibility to help the consumer by providing accurate information about what the food is made from. You must specify whether any ingredients contain, or may contain, allergens. Businesses need to have processes in place to ensure this occurs every time (see above Allergens in food service).
Caterers: Foods sold for catering purposes has specific labelling requirements set out in the Food Standards Code. Information about allergens must always be on the label or accompany the food.
All food businesses engaged in the wholesale supply, manufacture or importation of food must have a system in place to ensure the recall of unsafe food [Standard 3.2.2-12]. If labelling fails to declare the allergens that are present, the food business must recall the affected product.
Information about how to recall food can be found on the FSANZ website:
If you are a South Australian business and you need to undertake a recall, contact the Food Standards Surveillance Unit on (08) 8226 7100 or email healthfood@sa.gov.au.
There are extensive resources available for food businesses regarding allergens, with these being the most relevant for food businesses.
Print friendly fact sheet: General information and useful resources (PDF 370KB)
National Allergy Strategy exists to improve the health and quality of life of Australians with allergic diseases, and minimise the burden of allergic diseases on individuals, their carers, healthcare services and the community. It has extensive free downloadable resources.
Allergy and Anaphylaxis Australia
Allergy and Anaphylaxis Australia supports individuals and carers in managing allergy and anaphylaxis. It has extensive free downloadable resources.
This food allergen portal was created by the Allergen Collaboration to provide different sectors in the community with links to best practice food allergen resources and key messages to promote in the different sectors.
A free online training package for food service. A certificate is available on completion of this 1.5 hour long course. Extensive food allergen management resources for all types of food business, including hospitals, schools and child care centres.
Do food safely
DoFoodSafely is a free, non-accredited, online learning program provided by the Department of Health and Human Services Victoria and proudly supported by Queensland Health and South Australia Health.
VITAL (Voluntary Incidental Trace Allergen Labelling program) is a standardised allergen risk assessment process for food industry. It assists food manufacturers to assess ingredients and processing conditions that contribute towards the allergen status of the finished product. There are also resources to explain allergen labelling.
The National Measurement Institute is an Australian laboratory which can test foods for the presence of allergens.
Contact your local council Environmental Health Officer or SA Health’s Food and Controlled Drugs Branch: