Food Allergens

Question

11:07:00

Asked by

To ask His Majesty’s Government, following recent reports of a restaurant serving a meal containing nuts to a severely allergic customer in Stoke-on-Trent, what plans they have to promote information on allergens in England and Wales.

My Lords, the Food Standards Agency works with businesses and consumers across England, Wales and Northern Ireland to improve allergen management and information, including offering free training and running awareness campaigns. It has recently published new guidance to help people with allergies eat out safely. The guidance sets out how businesses can provide clear allergen information, encourage communication about allergens between staff and consumers, and ensure that a consumer with allergies receives the right meal.

Too many food-allergic customers are still being put at risk when eating out or ordering food from an online platform. New research by the Natasha Allergy Research Foundation has found that more than a quarter—26%—of young adults have had, or know someone who has had, an allergic reaction to takeaway food. I understand that the Food Standards Agency has produced much-welcomed guidelines asking businesses to ensure they provide written and verbal allergen information to customers, but they are just guidelines. I therefore ask my noble friend: do the Government agree with me and the FSA that its new guidelines should be mandatory? Will she meet me and Natasha’s foundation, for which I am a parliamentary ambassador, to discuss this and its new research into the issues faced by those with food allergies when using food delivery apps?

I applaud my noble friend for her dedication and passionate advocacy on this issue. As she said, we published the best practice guidance in March this year and, as noble Lords will appreciate, any new guidance requires time to embed and be adopted by businesses. We hope to carry out an evaluation one year after the implementation of the guidance to assess both its uptake and its impact, and to better inform Ministers on the need for any potential legislation. This means that our evaluation work is likely to begin in spring 2026, and the gap between the launch and when the impact of the guidance can be meaningfully assessed ensures that our evaluation is based on a representative and reliable picture of how the guidance is actually working in practice. This will be very helpful in our understanding of the need for and any potential impact of any future legislative options. We very much welcome the opportunity to meet and to review the new research, which we have not yet had sight of. It would be invaluable to examine these findings alongside the FSA’s research in this area.

My Lords, although the guidelines are very welcome, and I applaud the Food Standards Agency’s work in this area, does the Minister share my concern about whether local authorities have the resources to do the necessary work to visit the establishments concerned to ensure that the guidelines are being applied? I think most restaurants in my area ask whether you are allergic. Does she also share my concern about the increasing amount of passing off of one food substance as another? We had the horsemeat scandal some 12 years ago, and we do not want to see a repeat of that.

I agree with the noble Baroness that we absolutely do not want to see a repeat of that. As she says, local authorities enforce allergen rules, typically via trading standards and environmental health officers. The number of trading standards officers has dropped, although staffing rose slightly in 2023, so we are looking at how we can improve that. The FSA has backed a level 6 trading standards apprenticeship, for example, and is training over 100 new officers in one year. The FSA will continue to monitor that, and will continue to support training guidance and the food law code of practice with local authorities.

If the FSA has pushed for compulsory written allergen information on menus, as it appears to have, is this not too long a wait for the Government to carry out an assessment? Also, will the Minister give us some sense of how it is possible to help smaller establishments in particular to access decent staff training in order to fulfil some of the requirements of having compulsory written information?

Of course, the law states that you have to state allergens. In the guidance, the preference is that that should be written first, verbal secondary. We will assess how that is working, as I just said. Regarding smaller businesses, the guidance has been designed with business to ensure that it is fit for purpose no matter what size your business is, because it is really important that every business can implement this effectively. The FSA has also created free tools, such as allergen icons, signage templates and a matrix, which are all available on its website. They are designed to be both flexible and low cost, because we need to ensure that all businesses, no matter their size, have proper access to the information and can ensure that customers and consumers understand what is being sold in that business.

My Lords, one in three people lives with allergic disease, which affects so many aspects of everyday living, not just in accessing healthcare but in ensuring a safe education and employment environment and, as this Question shows, better understanding in the hospitality industry. Does my noble friend the Minister agree that this requires cross-departmental action and that the appointment of an allergy tsar could be a way to achieve that?

My noble friend is right that this requires cross-departmental work. My taking this Question today from Defra, when a lot of people assumed that it would be a health question, demonstrates that there is cross-departmental work between labelling and health issues. Regarding the allergy tsar, the Department for Health and Social Care continues to discuss this, and how allergy support and care can be improved, with NHS England and shareholders. There is an Expert Advisory Group for Allergy, which the DHSC jointly chairs, that brings stakeholders together to inform policy-making and identify any priorities in improving outcomes with people. I spoke to my noble friend Lady Merron from the DHSC about this earlier and I understand there will be a response in due course on whether an allergy tsar is the appropriate way forward.

My Lords, the House will know that the previous Government passed Natasha’s law on pre-packaged food. Also, detailed ingredient listing has been in place since 2021. Does the Minister accept the concerns of Anaphylaxis UK and Allergy UK that the excessive use of precautionary allergy listing might be depriving customers of safe food?

The critical thing is the last thing that the noble Lord said: safe food. It is important that we work with industry, across government and with the different campaign groups. Natasha’s law was a very important piece of legislation. We know that Owen’s law is proposed as well. We have heard about the health tsar. We know that there are other incidents, such as the recent one in Stoke-on-Trent. It is important that we move forward together to ensure that any legislation or guidance that comes forward improves things and makes people feel safe when they go out to eat.

Is it not the case that retailers, particularly the smaller ones, would be more likely to take guidance seriously if there was a mandatory requirement to list the food hygiene scores on the premises? Why is England the only one of the four countries where this is not mandatory? It does not cost a penny in public funds. They already have the labels; they ought to be required to promote them. Those who are not doing so now would then take other guidance more seriously.

My noble friend raises a serious question. We need to ensure that the information is readily available and clear. We spent some time pulling the guidance together to address a lot of the issues that he raised while ensuring that it was accessible and flexible to businesses to ensure that they had the facilities to implement it in a way that was effective for their business. I hear the points that he made and will take them back to the department when we review the efficacy of the guidance that we have produced.

My Lords, is the Minister aware of studies showing that exposure to trace amounts of potential allergens builds resilience? I think specifically of the Learning Early About Peanut Allergy study, which tracked a number of children who were thought to be vulnerable because they had intolerances to other things, eczema or other indicators. Only 3% of those exposed to trace amounts of peanuts in infancy developed the intolerance, as opposed to 17% of those who were completely denied them. We in the public eye must be careful not to send out a message in the aftermath of cases such the one that the noble Baroness, Lady Ramsey, refers to that we should clear our shelves of all potential allergens. That may be behind the increase in the number of cases that we have seen over the past 20 years.

Clearly, there has been an increase in hospitalisation, which is why this is such an important issue. I think the noble Lord was referring to Palforzia, where people take a tiny trace of the allergen every morning and slowly build it up in order to have a resilience to it. It is an incredibly interesting piece of research. I saw a programme on it and was fascinated at this new approach to tackling allergy. However, any new treatments must go through NICE to be approved for the NHS. We need to make sure that they work for everybody because this is a very sensitive, complex area.