Does Article 44 apply to restaurants?

Yes. Food served in a restaurant is non-prepacked food, so Article 44 applies and allergen information under Article 9(1)(c) is mandatory.

Do restaurants have to show a full ingredients list?

Not under the regulation itself. Article 44 only makes allergen information mandatory for non-prepacked food. A Member State can require more through national measures, so check your local rules.

Can allergen information be given verbally?

Only if the national measure allows it. Some countries accept verbal information when a written notice tells guests to ask staff, while others require it in writing. Even where verbal is allowed, staff should read from a written record.

Is a sandwich wrapped on site prepacked or non-prepacked?

Under Article 44 it is food prepacked for direct sale and is treated as non-prepacked. National rules may still require a full label. The UK, for example, has required full ingredient labelling for this food since October 2021.

Article 44 of EU 1169/2011: allergen rules for non-prepacked food

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

The short answer

Article 44 of Regulation (EU) No 1169/2011 covers non-prepacked food: food served in restaurants and canteens, sold loose, packed at the customer's request, or prepacked on the premises for direct sale. For this food, only the allergen information in Article 9(1)(c) is mandatory across the EU. Each Member State decides how that information must be provided, for example in writing on a menu or verbally with a written signpost.

What 'non-prepacked' covers

Article 44 applies to three situations. Food offered to the final consumer or to mass caterers without prepackaging, which covers almost everything a restaurant, café, bar, hotel or canteen serves. Food packed on the sales premises at the consumer's request, such as a deli counter or a bakery bagging bread for a customer. And food prepacked for direct sale, such as sandwiches wrapped in the morning and sold over the same counter later.

That third category is where national rules now differ most. In the UK, food prepacked for direct sale has had to carry a full ingredients list with allergens emphasised since 1 October 2021 under 'Natasha's Law'. Within the EU, the national measure under Article 44 still decides what is required.

What is mandatory everywhere in the EU

Article 44(1)(a) makes the Article 9(1)(c) particulars compulsory for non-prepacked food. These are any ingredient or processing aid listed in Annex II, or derived from a substance in Annex II, used in the manufacture or preparation of the food and still present in the finished product. In practice that is the 14 allergens.

Article 44(1)(b) says the other mandatory particulars, such as the full ingredients list, the nutrition declaration and the durability date, are not required for non-prepacked food unless a Member State adopts national measures requiring them. So a restaurant does not need a nutrition table under the regulation, but it always needs accurate allergen information.

What each Member State decides

Article 44(2) lets each Member State adopt national measures on the means through which the information is made available and its form of expression and presentation. This is why the practical rules differ between countries even though the 14 allergens are the same everywhere.

Whether the information must be in writing, or may be given verbally with a written notice telling guests to ask.
Where written information must sit: on the menu, on a board, on a label beside the food, or in a folder or digital record available before ordering.
Whether any other particulars, such as a full ingredients list for food prepacked for direct sale, are required nationally.
Which authority enforces the rules and what penalties apply.

What 'available' means in a busy service

Whatever the national format, the information has to reach the guest before they order, in a way they can actually use. A binder kept behind the bar that nobody mentions, or a waiter who has to guess, does not meet that standard in practice. Inspectors generally look for three things: the information exists in writing somewhere, it is accurate for today's recipes, and guests are told clearly how to get it.

Verbal answers are the weakest point. Seasonal and agency staff change often, recipes change mid-season, and a full terrace leaves little time to check. Where verbal information is allowed, it should always be backed by a written record the staff member reads from, not by memory.

A working Article 44 setup for a restaurant

Most compliant restaurants converge on the same structure, whatever the national rule.

A written allergen record per dish, covering all 14 Annex II allergens, built from recipes and supplier labels.
A clear signpost on the menu, at the entrance or on the table, telling guests where to find allergen information or to ask staff.
One owner for the record, who updates it the same day a recipe or supplier changes.
A short staff routine: check the record, confirm with the kitchen, and never guess.
Allergen information in the languages your guests read, which follows from the language requirement in Article 15.

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.