Natasha’s Law introduces mandatory labelling for pre-packed for direct sale (PPDS) foods in the UK

What is Natasha's Law?

Until 1 October, businesses selling foods prepared and packed on the same premises where they were sold could show ingredient and allergen information by any means - including staff verbally informing consumers. Such foods were not required by law to show ingredient and allergen information on food labels – which in 2016 led to the tragic death of Natasha Ednan-Laperouse, who suffered an allergic reaction after unknowingly eating a baguette that contained sesame. The new law - named in memory of Natasha - aims to restore consumer confidence by requiring any business in England, Scotland, Wales and Northern Ireland that produces PPDS food to label it with the name of the food and a full ingredients list, emphasising allergenic ingredients.

What food does Natasha's Law apply to?

Any food will be classified as PPDS – and be subject to Natasha's Law - if it meets the following three criteria:

1. PPDS food is packaged before the consumer orders or selects it.

Foods that are made to order, non-prepacked (loose), or subsequently put into packaging once selected by the consumer are not PPDS foods. Such foods must still meet current requirements for providing information on the 14 major allergens, though businesses retain a greater degree of choice in how to achieve this. Hot drinks that are made to order will not ordinarily constitute PPDS foods – unless pre-poured and a lid is applied before being ordered by a consumer.

2. PPDS food is packaged on the same premises (or a site where a business operates from more than one location) on which the food is offered or sold to consumers.

Foods sold through distance selling (i.e. online or by telephone where the consumer is not physically present) are not PPDS foods, and are therefore not affected by this new law. Such foods must however continue to meet existing requirements to provide allergen information before food is ordered and when it’s delivered.

3. PPDS foods are fully or partly enclosed by packaging, cannot be altered without opening or changing the packaging and/or is ready for sale to the final consumer.

This would include, for example, pre-packaged sandwiches, salads and cakes - whether selected from a display unit or kept behind a counter.

What does Natasha's Law require?

If the three criteria listed above are met – and the food is classified as PPDS - then Natasha’s Law applies. The mandatory information required on PPDS food labels is:

1. the name of the food;
2. an ingredients list; and
3. a list of any of the 14 allergens in the ingredients list, if these are present in the food.

Each allergenic ingredient must be emphasised every time it appears in the ingredients list by using bold, italic or coloured type. The 14 allergens are: celery, cereals containing gluten (such as barley and oats), crustaceans (such as prawns, crabs and lobsters), eggs, fish, lupin, milk, molluscs (such as mussels and oysters), mustard, peanuts, sesame, soybeans, sulphur dioxide and sulphites (at a concentration of more than ten parts per million) and tree nuts (such as almonds, hazelnuts, walnuts, brazil nuts, cashews, pecans, pistachios and macadamia nuts).

What are the consequences for non-compliance?

The consequences of non-compliance with Natasha’s Law are likely to be costly to any business – with businesses facing the prospect of financial fines for each instance of non-compliance. In this digital age, where news spreads quickly on social media platforms (and bad news even more so), brands will also have to consider the reputational harm and brand damage that non-compliance will bring.

There are multiple online resources available to help businesses ensure they are compliant. The Food Standards Agency (FSA) has guidance on best practices and regulatory advice, as well as a tool to check whether foods are PPDS: www.food.gov.uk/PPDS.

If you have any questions on Natasha's Law or food safety compliance obligations that may apply to your business, please get in touch with the authors or your usual Bird & Bird contacts.