NEW REGULATION ABOUT ALLERGENS
INFORMATION ALLERGENS NORMATIVE
On March 4, 2015 in the BOE, the Royal Decree (RD) 126/2015 of 27 February, by which approves the general rules on food information about the presence of the ingredients how cause allergies or intolerances of food presented unpackaged for sale to the final customer and/or groups, the packaged in sales premises at the buyer’s request and the holders packaged retail.
A minimal letter size is established also in the tags of the products packaged by the holder of the retail trade, and there is regulated the information of the food covered by the normative in the cases of sale by means of communication over a distance, in lie with the dispositions of the Regulations (EU) 1169/2011
On the new Royal Decree regulate the modalities of food information about the presence of ingredients causing allergies and intolerances, it is the first time that is required for food unpackaged or for the food packaged on points of sales (retail, catering…)
Likewise, is permitted on a specific cases, that the transmission of the information about the ingredients that can cause allergies and intolerances, it can do orally previously fulfillment allow us to ensure that this information is verifiable, thus ensuring a high level of consumer protection.
LAW OF ALLERGENS DATE OF APLICATION
The dispositions of Royal Decree shall apply from March 5, 2015
Establishments that are covered by the rules of allergens
· Serve meals: just like bars, coffee shops, restaurants, canteens or school canteens, and similar.
· Sells food unpackaged or packaged at the consumer’s request : just like, cold meat, bread, sandwich, cakes, prepared meals or bulk products
· Sell or supply food unpackaged to other establishments: just like schools, hospitals, nursing, restaurants, etc…
· Packaged food products for immediate sell in the shame establishment or other establishments owned
What are the 14 allergens that must be present in AN ALLERGEN PLAN?
How should be provided food information?
1. Across the appropriate means (for example: menu, digital menu, QR), It must be accessible for the customer before that he finished his buy and it can’t be an extra cost. It must be indicated in this cases of easily visible and accessible form for the consumers. If inside of the establishment exist different areas how have unpackaged food,the indication relative how to obtain theinformation about ingredients alérgenosmust be available in each of the sections.
The information about the use of ingredients obligatory declaration must be available and to be able to be facilitated whenever it is requested by the consumers or the authorities of control.
In case the information is facilitated of oral form, a written or electronic record will have to exist also, of the ingredients that it is obligatory to declare. These records must be present in the establishment where the food is given, and be accessible for the authorities of control and for the consumers who request it.
2. In case of sale over a distance (for example, take away by telephone), the information about allergens must be provided without any cost, before that the customer realize the buy, for example, by phone and of form written at the moment of the delivery of the food.
What sanctions can cause your FAILURE?
The accidents caused by allergies and/or food intolerances can cause serious problems for the public health. The infractions committed by the companies that do not comply with the requisites demanded on the subject of food security face sanctions of the competent public administrations that will be able to come to the 600.000€. In the assumption of very serious infractions, the Authorities will be able to agree the temporary closing of the establishment or installation of which it is a question in a maximum term of 5 years.