Most discussion of food allergen law focuses on pre-packed labels — the requirement to list and emphasise all 14 allergens on packaged food. But for food that is served loose, made to order, or sold without packaging, the rules are different. They are also frequently misunderstood.
This guide covers what UK law requires for loose and non-prepacked food — the food that goes out on a plate, in a paper bag, or across a counter without a printed label attached.
The Legal Framework
The requirements for loose food allergen information come from the Food Information Regulations 2014 (FIR 2014), which implement EU Regulation 1169/2011 in UK law.
Under these regulations, food businesses must provide accurate allergen information to consumers for all food — whether it is packaged or not. For loose food specifically, the law gives businesses flexibility in how they communicate allergen information, but not in whether they do.
What Counts as Loose or Non-Prepacked Food?
Loose food (also called non-prepacked food) includes:
- Food served and consumed on the premises (restaurant meals, café dishes, pub food)
- Food packaged after a customer orders it (made-to-order sandwiches, wraps assembled at the counter)
- Loose items sold by weight or portion (deli counter items, bulk bins, loose bakery items)
- Hot food sold for takeaway that is portioned after ordering (chips, fried chicken, kebabs)
- Food sold at market stalls, food festivals, or pop-up events
The decisive factor is whether the food is packaged before a customer selects or orders it. If it is packaged first and then placed on display, it becomes PPDS (pre-packed for direct sale) food and requires a full allergen label. If it is packaged at or after the point of ordering, it is non-prepacked.
What Must You Provide?
For loose food, UK law requires that allergen information about all 14 major allergens must be available to consumers. This means:
- Allergen information must be accurate — based on the actual recipe
- It must be accessible — consumers must be able to obtain it before they make a purchasing decision
- It must be clearly communicated when requested by the consumer or when a member of staff is asked
You are not required to print a label on loose food. But you must be able to tell a customer — accurately — which allergens are in any food you sell.
How Must Allergen Information Be Communicated?
The FIR 2014 gives businesses a choice of methods for communicating allergen information for non-prepacked food:
Option 1: Written Information
Providing allergen information in writing — on a menu, a chalkboard, a table card, or a separate allergen document — is the most reliable method. Written formats include:
- Full allergen matrix — a table showing each dish and which of the 14 allergens it contains
- Allergen information on each menu item — noting allergens directly next to the dish description
- A separate allergen menu — a standalone document available on request
- A QR code linking to an up-to-date allergen menu online
Written information has a significant advantage: it does not rely on staff knowledge or communication quality, and it creates a documented record of what customers were told.
Option 2: Oral Communication
Businesses may communicate allergen information verbally — through trained staff who know the allergen content of every dish. If this method is used, two conditions must be met:
- A written or electronic notice must be clearly displayed telling customers how to obtain allergen information (e.g. “Ask a member of staff for our allergen information”)
- Staff must be trained and must actually know the allergen content of the food they are serving
The risk with verbal communication is obvious: staff change, training quality varies, service pressure causes mistakes. A 2023 FSA review found that verbal allergen communication was the most common point of failure in non-compliant food businesses — either because the notice was missing, staff could not answer accurately, or the information they provided was out of date.
Option 3: Signposting
A business can tell customers to ask about allergens, provided a notice is clearly displayed. This is only compliant if staff can then provide accurate, complete allergen information when asked.
What the Notice Must Say
If your business relies on verbal communication or signposting, the notice you display must be clear and prominent. The FSA recommends wording such as:
“Some of our food and drinks may contain allergens. Please ask a member of staff for allergen information before ordering if you have a food allergy or intolerance.”
The notice must be placed where customers will see it before ordering — at the entrance, on tables, at the counter, or at the top of the menu. A notice in a back office or kitchen does not meet the requirement.
The 14 Allergens for Loose Food
The same 14 allergens that must be declared on pre-packed labels must be tracked and communicated for loose food:
- Cereals containing gluten
- Crustaceans
- Eggs
- Fish
- Peanuts
- Soybeans
- Milk
- Nuts (tree nuts)
- Celery
- Mustard
- Sesame
- Sulphur dioxide and sulphites
- Lupin
- Molluscs
There are no exemptions for small quantities or trace amounts when the allergen is an actual ingredient. If sesame paste is used in a sauce, sesame must be declared — regardless of the proportion.
Cross-Contamination and “May Contain” Statements
For loose food, there is no legal requirement to declare potential cross-contamination risks (i.e., allergens that may be present due to shared equipment or kitchen environment, but are not intentional ingredients).
However, businesses are strongly advised to:
- Identify cross-contamination risks through their HACCP process
- Communicate significant risks to customers, particularly those with severe allergies
- Never make an unqualified “allergen-free” claim if cross-contamination risk exists in the kitchen
The FSA’s position is that a business should not tell a customer a dish is “safe” for their allergy unless they have genuinely assessed the cross-contamination risk and can stand behind that claim.
Delivery and Online Ordering
If your business takes orders online or through a delivery platform, allergen information must be available to the customer before they complete their order. This means:
- Your online menu must display allergen information for every item, or
- There must be a clear way to obtain it before confirming the order
Simply providing allergen information on an in-restaurant menu does not satisfy the requirement for online orders.
Food delivery platforms (Deliveroo, Uber Eats, Just Eat) have their own allergen information sections in their vendor portals. Keeping this information accurate and up to date is your responsibility as the food business.
What Trading Standards Inspects
When a Trading Standards officer assesses allergen compliance in a food business selling loose food, they typically look for:
- Allergen information availability — is there a menu, allergen chart, or clear signposting in place?
- Staff knowledge — can staff accurately answer allergen questions for the dishes being served?
- Accuracy — does the allergen information match the actual recipes used in the kitchen?
- Currency — has the allergen information been updated to reflect any recipe changes?
The most common enforcement outcomes for loose food allergen failures are improvement notices requiring corrective action within a defined period. Repeat failures or failures that cause harm can result in prosecution.
Building a Reliable Allergen System for Loose Food
The practical challenge is keeping allergen information accurate as recipes change. A system that works:
- Centralise your recipe data — maintain a single source of truth for every dish’s ingredients
- Map allergens at the ingredient level — when you update a recipe, allergens update automatically
- Link your front-of-house materials — menus, allergen matrices, and online listings should draw from the same data source
- Train staff regularly — at induction and whenever the menu changes
- Document your process — be able to show Trading Standards how your allergen information is maintained and updated
LabelFood centralises product and allergen data for UK commercial kitchens. Update a recipe once — allergen information is accurate everywhere. Learn more →
