Article 21 of EU 1169/2011: how allergens must be labelled and emphasised

The three rules in Article 21(1)

Article 21(1) applies to prepacked food in full, and it shapes good practice for restaurant menus too.

• Name the substance. The allergen is indicated in the ingredients list with a clear reference to the Annex II name: 'wheat flour', 'skimmed milk powder', 'mustard seed', not 'flour', 'powder' or 'spices'.
• Emphasise it. The allergen must stand out through the typeset: font, style or background colour. Bold is the most common method. Capitals or underlining are also used.
• No ingredients list? Say 'contains'. Where there is no list of ingredients, the label includes the word 'contains' followed by the name of the allergen.

When a declaration is not needed

Article 21 does not require a separate allergen indication where the name of the food clearly refers to the allergen. A bottle labelled 'milk' or a bag labelled 'roasted peanuts' already tells the consumer what it is.

That exemption is narrow and easy to over-apply. 'Pesto' does not clearly refer to nuts, because many pestos contain pine nuts, which are not in Annex II, or no nuts at all, while others use cashews. 'Hollandaise' does not clearly refer to egg for many guests. 'Caesar dressing' does not clearly refer to fish. On a menu, declare these explicitly.

Each occurrence and repeated allergens

If several ingredients come from the same allergen, the label must make that clear for each relevant ingredient or processing aid. A cake with butter, whey powder and milk chocolate should emphasise milk in each place it occurs, so a reader scanning for the allergen finds every instance.

Previous EU rules allowed a separate allergen box to replace emphasis in the list. Under Article 21 the emphasis in the list is the requirement, and a 'contains' summary box on prepacked food is a voluntary extra, not a substitute.

'May contain' and precautionary labelling

Article 21 covers allergens used as ingredients or processing aids. Unintentional presence through cross-contact, such as a shared fryer, line or bakery environment, is not an Annex II declaration. Precautionary statements such as 'may contain' are voluntary information. Article 36 requires voluntary information not to mislead, not to be ambiguous or confusing, and, where relevant, to be based on scientific data.

The practical test is whether the warning reflects a real, assessed risk. A blanket 'may contain all allergens' on every dish tells a guest nothing and removes their ability to choose. A specific warning, such as 'fried in oil also used for battered fish', is honest and useful.

Applying Article 21 to a restaurant menu

Restaurant food is non-prepacked, so the formal emphasis rules apply to your bought-in labels rather than your menu. The same principles still make a menu's allergen record clear and safe.

• Use the Annex II names, not internal kitchen names.
• Name the specific source where useful: 'gluten (barley)', 'nuts (almond)'.
• Don't rely on dish names to communicate allergens.
• Keep 'may contain' for assessed cross-contact risks and say what the risk is.
• Present the information in the languages your guests read.

Reading bought-in labels correctly

Because Article 21 requires allergens to be emphasised in the ingredients list, the quickest way to check a bought-in product is to scan for the emphasised words. Do not rely on a front-of-pack 'free from' claim or on a 'contains' box alone. Read the full list, note every emphasised allergen and any precautionary statement, and copy both into the dish record.

Sources

• Regulation (EU) No 1169/2011, Articles 21 and 36 (EUR-Lex)
• UK Food Standards Agency: Allergen labelling for food manufacturers

This guide is general information, not medical or legal advice. Guests with an allergy should follow their doctor's advice. Operators should confirm their own setup with their food safety adviser or local authority.