The Food Information Regulations 2014 (‘the Regulations’) are an enactment of the Food Information for Consumers Regulations (EU) 1169/2011 (FIC) which set out, inter alia, labelling and packaging requirements when ingredients are present which are known to cause allergic reactions, important to those who have an intolerance to such products.
The wide area affected ranges from pre-packaged sandwiches purchased from coffee shops to ingredients contained in restaurant meals.
John Veale of Kangs Solicitors sets out the criminal offence created by the Regulations.
The team at Kangs Solicitors has vast experience and is highly regarded nationwide for assisting clients facing serious crime allegations of every nature, including those involving regulatory investigations and prosecutions carried out by the regulatory authorities including the Food Standards Agency.
Our team is led by Hamraj Kang who is recognised as a leading expert in the field of criminal law. He is one of only two solicitors nationally to be ranked as a ‘star individual’ for five consecutive years in the legal directory Chambers & Partners.
Other members of the team are ranked in the Legal 500 and also ranked in Chambers & Partners.
For an initial no obligation discussion, please call our Team at any of our offices detailed below:
The Offence | Kangs Food Safety Offences Defence Solicitors
Section 10 of the Regulations states that a person is guilty of an offence when any of the following requirements are breached:
- Article 9(1)(c) creates the mandatory indication relating to food products containing ingredients and processing aids causing allergies or intolerances from specified major allergens such as gluten, crustaceans, eggs, fish, peanuts, soya beans, milk, milk products, nuts and celery.
- Article 21(1)(a), sets out the requirement that certain substances and products that cause allergies or intolerance are indicated in the list of ingredients of a food product with a clear reference to the name of the substance.
- Article 21 (1) – second paragraph – requires that, in the absence of a list of ingredients, an indication should be given that the product contains the substance or product that causes allergies or intolerance.
- Article 44(1)(a), contains the requirement for the provision of allergen information for non-packaged food which may, for example, be provided by allergen advice on a menu or by a member of staff at the point of sale.
Penalties On Conviction | Kangs Criminal Defence Solicitors
Prosecutions for alleged offences are dealt with at the Magistrates’ Court which, upon conviction is empowered to impose an unlimited fine.
Who Can I Contact for Advice & Help? | Kangs Food Hygiene Solicitors
If you are subject to any investigation by The Food Standards Agency, local authority or other prosecuting authority in connection with any alleged breach of the Regulations you should seek expert advice immediately.
Please do not hesitate to contact the team at Kangs Solicitors through any of the following who will be pleased to speak to you: