A Snapshot of Client Queries

In this issue we look at the questions our clients have asked us about NATASHA'S LAW which came into effect on 1st October 2021...

QUESTION: “Should we get a third party in to ensure our food is correctly labelled?”

Specific allergy training of catering staff is advised to ensure that all relevant individuals completely understand what they are required to do and how to be compliant with the new law.

Handsam would advise against having a third party come in and carry out just the labelling aspect of Natasha’s Law. This should be overseen by a designated member or members of staff. Your allergen management plan should already be in place, and the Natasha’s Law amendment is an addition to the policy and management plan.

If you employ in-house catering staff or use an external catering contractor, they should have systems in place covering the new amendment, which the trust can then check on.

If you do decide on third party support regarding your allergy provision, you must be aware that you are still ultimately responsible for ensuring that all factors regarding allergies have been considered and that food is correctly and consistently labelled.

Other support (including training) is available here:

NATASHA'S LAW: ALLERGEN CHANGES FOR FRESH FOOD

SCHOOL CATERING

FREE BUSINESS CONSULTATION

QUESTION: “Please can you confirm if this new legislation will apply in the following situations: Food, usually cakes and bakes, provided at a fete (for example, a school summer fete where staff or parents might run a cake stall); schools that run a tuck shop where they resell sweets (having opened the packet) and; food provided by breakfast and afterschool provision. Packaged items like cereal are ok, but what about food that is prepared by the staff, for example, toast, eggs and bacon?”

In the food.gov document Introduction to allergen labelling changes (PPDS), PPDS foods are defined as:

• [...] food that is packaged in the same place it is offered or sold to consumers and is in this packaging before it is ordered or selected.
• It can include food that consumers select themselves (e.g. from a display unit), as well as products kept behind a counter and some food sold at mobile or temporary outlets.

Non-PPDS foods are defined as:

• Any food that is not in packaging or is packaged after being ordered by the consumer. These are types of non-prepacked food and do not require a label with name, ingredients and allergens emphasised. Allergen information must still be provided but this can be done through other means, including orally.
• Food packed by one business and supplied to another business. This is prepacked food and already must have full labelling, including the name of the food and a full ingredients list, with allergenic ingredients emphasised within it.

If parents/staff are donating home-baked goods for school events that are wrapped and being sold, the “Natasha’s Law” rulings apply. If the food is unwrapped and given away, it will not fall under PPDS rulings, but it must be clearly stated that the food may not have been prepared under nut (and other allergens) free conditions. If confectionery packages are opened and individual items are sold, the ingredients should be clearly shown, or allergen information provided. This can be done orally. Some items (“fun size” versions of chocolate bars, for example) may not have the ingredients on the wrapping.

Any staff who prepare food for breakfast and after school provision must be aware of any allergies or food-related medical conditions that their students have. Most food of this nature would fall under part one of the “non-PPDS” definition above i.e., “Any food that is not in packaging or is packaged after being ordered by the consumer.”