Regulation (EU) No 1169/2011 (Reglamento (UE) 1169/2011) is the EU regulation on the provision of food information to consumers, allergen information included. It was adopted on 25 October 2011, published in the Official Journal of the EU on 22 November that year and has applied since 13 December 2014 (the mandatory nutrition declaration, since 13 December 2016). In Spain, Royal Decree 126/2015 (Real Decreto 126/2015) adds the rules for food served unpackaged.
What Regulation 1169/2011 is
It is a regulation, so it applies directly in every EU country, with no need for a national law to transpose it. Its title is “on the provision of food information to consumers”. It replaced several earlier directives on labelling and brought the rules together in a single text, which covers both prepacked food and food offered unpackaged.
The parts that matter most to us:
| Article or annex | What it establishes |
|---|---|
| Article 9 | The mandatory particulars: name, list of ingredients, allergens, net quantity, date of minimum durability or “use by” date, storage conditions, nutrition declaration and others |
| Article 21 | That allergens be emphasised in the list of ingredients through a typeset that clearly distinguishes them, for example by font, style or background colour |
| Article 44 | What is mandatory for unpackaged food |
| Annex II | The list of the 14 allergens, which the Commission reviews and may update |
The Annex II list is explained in the 14 allergens.
Unpackaged food: Article 44
This is the article that matters to caterers. For food offered for sale to the final consumer or to mass caterers without prepackaging, allergen information is always mandatory. The other particulars are only mandatory if a country decides so in its own national rules.
The regulation calls mass caterers (colectividades in Spanish) “any establishment (including a vehicle or a fixed or mobile stall), such as restaurants, canteens, schools, hospitals and catering enterprises in which, as part of a business, food is prepared to be ready for consumption by the final consumer”. A catering company falls squarely within it.
Royal Decree 126/2015
This is the Spanish rule that implements Article 44. It was approved on 27 February 2015, published in the BOE on 4 March and came into force the next day. Its full title, in translation: general rule on food information for food presented unpackaged for sale to the final consumer and to mass caterers, food packed at the point of sale at the buyer’s request, and food prepacked by retailers.
The essentials for anyone serving food:
- What must be indicated. In general, the name, the quantity of certain ingredients where applicable, the alcoholic strength of drinks above 1.2% by volume and the allergens. For unpackaged food supplied by mass caterers, only the allergens are mandatory.
- How. In writing, on labels or notices next to the food. Allergens can also be given verbally, at the customer’s request, before the purchase is completed and at no cost, as long as they are recorded in writing or electronically at the establishment itself. In that case, a visible notice must say where the information is or that staff can be asked.
- In what language. At least in Spanish (castellano).
- For how long. The operator keeps the information available to customers and inspectors at least until it can reasonably be assumed that the food has been consumed.
What it means for a caterer
In practice, a caterer serving unpackaged food has to know which allergens each preparation contains and be able to say so, in writing or verbally with written backup. If you are hiring, it is worth asking for that information before the event and flagging any allergies in the group; we cover this in the articles on the corporate coffee break and the company Christmas lunch.
The information rule goes hand in hand with the hygiene one: HACCP (APPCC) and the prevention of cross-contamination complete the picture.
If anyone at your event has allergies or special diets, tell us when you get a quote and we will plan for them.