Is 'may contain' labelling required by law?

No. It is voluntary information under Article 36. If used, it must not mislead or confuse and should reflect a real cross-contact risk.

Can a restaurant call a dish gluten-free?

Only if the dish as served contains no more than 20 mg/kg of gluten, under Implementing Regulation (EU) No 828/2014. That requires cross-contact controls in the kitchen.

Is a vegan dish safe for a milk allergy?

Not automatically. Vegan describes ingredients, not cross-contact. A vegan dish may be prepared alongside milk, so check the allergen record and kitchen practice.

Can I put 'may contain all allergens' on my whole menu?

It is strongly discouraged. Blanket warnings are unhelpful and may be considered confusing under Article 36. Use specific warnings based on a risk assessment.

Article 36 of EU 1169/2011: 'may contain' warnings and other voluntary information

By the Menulta editorial team · Facts checked 15 October 2026 · Updated 15 October 2026

The short answer

Article 36 of Regulation (EU) No 1169/2011 sets the rules for voluntary food information: anything given beyond the mandatory particulars. It must not mislead, must not be ambiguous or confusing, and must be based on relevant scientific data where appropriate. 'May contain' allergen warnings, 'vegan', 'vegetarian' and 'gluten-free' are all voluntary information. Gluten-free claims have specific EU rules. Precautionary 'may contain' wording must reflect a real cross-contact risk.

The rules in Article 36(1) and 36(2)

Article 36(1) says voluntary information must comply with the requirements in Chapter IV, Sections 2 and 3, of the regulation. Article 36(2) adds three conditions. Voluntary information must not mislead the consumer, as set out in Article 7. It must not be ambiguous or confusing. And it must, where appropriate, be based on the relevant scientific data.

Article 37 adds that voluntary information must not take up space intended for mandatory information. On a menu, that means a decorative 'healthy choice' badge must never push the allergen information out of view.

The four areas Article 36(3) singles out

Article 36(3) asks the Commission to adopt implementing acts on four kinds of voluntary information that particularly affect consumers.

(a) Information on the possible and unintentional presence of allergens: the 'may contain' question.
(b) Information on suitability for vegetarians or vegans.
(c) Reference intakes for specific population groups.
(d) Information on the absence or reduced presence of gluten. This was implemented by Commission Implementing Regulation (EU) No 828/2014.

'May contain' warnings

Precautionary allergen labelling has not been harmonised in the same detailed way as gluten-free claims, so the general Article 36(2) conditions apply. A 'may contain' warning must not be misleading or confusing, and it should reflect a real, assessed risk of cross-contact.

Overuse is the common failure. When every dish carries 'may contain all 14 allergens', the warning carries no information. Allergic guests either ignore it, which makes the real risks invisible, or they cannot eat anything, which removes their choice. Regulators and allergy charities consistently advise using precautionary warnings only after a risk assessment, and only where the risk cannot be controlled.

Good practice is specific: 'fried in oil also used for battered fish and prawns', 'our pastry kitchen handles almonds and pistachios', 'the pizza oven is shared with sesame-topped breads'. These tell the guest what the risk is and let them decide.

Gluten-free and 'very low gluten'

Implementing Regulation (EU) No 828/2014 sets the only permitted claims about gluten. 'Gluten-free' may be used only when the food as sold to the final consumer contains no more than 20 mg/kg of gluten. 'Very low gluten' requires no more than 100 mg/kg and applies to foods with specially processed gluten-reduced ingredients. Additional statements such as 'suitable for people intolerant to gluten' may accompany these claims.

For a restaurant, calling a dish 'gluten-free' is a claim that it meets the 20 mg/kg limit as served. That requires controls on cross-contact: separate fryer oil, clean surfaces, separate pasta water and toasters. If those controls are not in place, say 'made without gluten-containing ingredients' and explain the cross-contact risk instead.

Vegan and vegetarian labels

Implementing rules on vegan and vegetarian labels foreseen in Article 36(3)(b) have long been pending, so these labels are judged against the general conditions: they must not mislead and must be accurate. A dish labelled vegan should contain no animal products, including butter finishing, egg wash, honey, fish sauce or gelatine.

Vegan is not the same as allergen-free. A vegan dish can contain nuts, soy, sesame, gluten or mustard, and can be prepared alongside milk and egg. Never use 'vegan' as a shortcut answer to a milk- or egg-allergic guest. Check the allergen record and the cross-contact risk.

Writing a precautionary statement

A good precautionary statement names the allergen, the source of the risk and where it applies. For example: 'Our fryer is shared with battered fish and prawns; fried items may contain fish and crustaceans.' Review these statements whenever kitchen equipment, layout or suppliers change, and remove any that no longer reflect a real risk.

Sources

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.