Article 8 of EU 1169/2011: who is responsible for food and allergen information
By the Menulta editorial team · Facts checked 15 October 2026 · Updated 15 October 2026
The short answer
Under Article 8 of Regulation (EU) No 1169/2011, the food business operator responsible for food information is the one under whose name or business name the food is marketed. If that operator is not established in the EU, it is the importer. For a restaurant, that means the restaurant is responsible for the accuracy of the allergen information on its dishes, even when an ingredient came with a supplier's specification.
The six paragraphs of Article 8, in plain terms
Article 8 sets out who answers for food information at each stage of the chain. It is short, and each paragraph closes a different gap.
- 8(1): The responsible operator is the one under whose name the food is marketed, or the importer if that operator is outside the EU.
- 8(2): That operator must ensure the food information is present and accurate under the applicable law.
- 8(3): Operators who do not affect the food information must not supply food they know, or should presume as professionals, to be non-compliant.
- 8(4): Operators must not modify the information accompanying a food if that would mislead the consumer or reduce consumer protection.
- 8(5): Each operator must ensure compliance with food information requirements within the businesses under its control.
- 8(6): Operators must pass the food information on to the next operator, so that the final operator can meet its obligations.
What it means for a restaurant
A restaurant markets dishes under its own name, so it is the responsible operator for the information on those dishes. The supplier is responsible for the label on the product it supplied. The restaurant is responsible for what it tells guests about the dish that product went into.
In practice the restaurant's duty has two halves. First, collect accurate information: Article 8(6) obliges suppliers to pass it on, so ask for specifications and keep the labels of bought-in components. Second, transfer it correctly into the dish record and keep it current. Most failures happen in that second half: a substituted brand of stock, a new bread supplier, or a recipe change that never reached the allergen record.
Supplier changes: the commonest failure
The scenario inspectors see most often is simple. A wholesaler runs out of the usual product and sends an equivalent from another brand. It looks the same, the kitchen uses it, and nobody reads the new label. The new product contains mustard, or milk, or has a 'may contain nuts' warning the old one did not.
Article 8(2) does not accept 'the supplier changed it' as a defence for the information you gave the guest. The defensible routine is to check every delivery of a substituted product against the allergen record before it goes into service, and to update the record the same day.
Chains, franchises and delivery platforms
Where a group or franchise sets recipes centrally, the operator marketing the food under its name carries the Article 8(2) duty. Each site is still responsible under 8(5) for compliance within its own kitchen, including local substitutions.
Food sold through delivery apps is distance selling. Article 14 requires mandatory information, including allergens for non-prepacked food, to be available before the purchase is concluded and at the moment of delivery. The restaurant remains the operator responsible for the accuracy of what the platform shows, so check the allergen fields on each platform listing as carefully as your own menu.
A responsibility checklist
Five habits that put Article 8 into practice in a kitchen.
- Keep a current specification or label for every bought-in component.
- Name one person responsible for the allergen record and its updates.
- Check substituted deliveries against the record before use.
- Review the record whenever a recipe, supplier or menu item changes.
- Check third-party listings, such as delivery apps, against your own record.
What an inspector will ask
During an inspection, expect questions that test Article 8 in practice. Who maintains the allergen record? When was it last updated? How do you check a substituted product? Can staff show where a guest finds allergen information for a specific dish? Clear, quick answers to these questions are the best evidence that the responsibility is being met.
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.