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Food Standards Scotland (FSS) have recently launched a consultation concerning how food information is provided to consumers by businesses in the non-prepacked food sector, specifically allergen and ingredient information.
Currently, food businesses in Scotland, and across the UK in the wider context, must inform consumers if they have used any of the 14 mandated allergens as an ingredient in their food.
When food is presented non-prepacked such as food sold in restaurants, made to order sandwiches, food sold loose from bakers and butchers, food businesses can choose how they provide allergen information. This can be done in several ways such as on a label attached to the food or on a notice, menu or ticket that is clearly visible to the consumer or verbally at the place where the consumer chooses the food. If opting to provide such information verbally, food businesses must indicate clearly to the consumer where the allergen information can be found. e.g. a sign stating ‘Please speak to a member of staff.’
On the 11th of December 2024, the FSS Board met to consider a paper which presented general options on how FSS could seek to improve the provision of allergen information in the non-prepacked sector.
The paper asked the Board whether they wished to take a guidance/best practice approach or adopt the same position as the FSA (who had previously expressed a view that it would be in the interests of consumers to take a mandatory approach on a four-country basis) and seek a change in legislation to require businesses to provide consumers with written allergen information for non-prepacked food.
The FSS Board were concerned that mandating the fourteen allergens listed in the Food Information to Consumers (FIC) Regulation alone would not provide all food-allergic or food-intolerant consumers with the same level of protection. However, due to a lack of evidence on the numbers of consumers with an allergy outside of the fourteen specified they were unable to assess the benefits and risks appropriately.
Recognising this is a subject which provokes strong opinions from those affected by food allergies and intolerances, as well as from food businesses and other stakeholders, the Board therefore agreed that a guidance/best practice approach was the preferred route at this time. However, the potential to pursue a legislative route has not been ruled out in the future, depending on how widely and effectively the changes are implemented.
This consultation will last for 12 weeks and can be accessed here.
All responses to the consultation must be submitted by 17th May 2026.
+ 44 (0) 1400 283090
