Food Allergy Notice

[hc4361]

Could a shop/eatery legally display a sign stating that none of their food or drinks can be guaranteed allergy free?

[237SJ]

Well restaurant/airline menus can so I guess shops can too

[hc4361]

Thanks for that, I've never seen such a sign. If I owned a food outlet I'd seriously consider it.

[Peter Pedant]

// Could a shop/eatery legally display a sign stating that none of their food or drinks can be guaranteed allergy free? //

um I know this is law and this q is hypothetical - so a turn off for most people ......

I suppose they could legally display a sign telling their customers to frack off - or that the shop is closed when it is open.... BUT

would such a sign relieve them of all liability in the event of a death?

Not sure - see a lawyer - it is a condition before a contract so should be counted at common law BUT may fall foul of the Unfair Contract Clauses act 1977
and as mystic meg might say - - - or it might not....

I dont think you can contractually exclude negligence
so if a shop shows such a sign - and the shop assistant negligently says - yeah normally but this one is allergen free
then you might still have a case.

Since this is hypothetical - what about a proper one
"A buys an allergen-full peanut butty knowing his wife is allergic and gives it to her, lying it is safe with intent to kill or maim her. But it doesnt do diddly squat. What is his criminal liability and what is the sellers civil liability?"

[Buenchico]

The law is complex. See here:
http://allergytraining.food.gov.uk/english/rules-and-legislation/

[hc4361]

Very informative. Thanks all

[dannyk13]

I think it would be rather foolish.A customer could have an allergy that was not known to the shop/eatery.

[Mamyalynne]

I think you may have misread the sign Danny.

[dannyk13]

Oops must be getting near logging off time.

[Buenchico]

BTW, a notice stating that there can be no guarantee that foods are allergen free wouldn't (on its own) be sufficient where foods are sold. Information must be available to customers about the specific allergens which are in each product.

So, in a small business (such as a burger van) a notice saying "Please ask for information about allergens in the food sold here" would be sufficient as long the person running the van could verbally provide accurate information.

A larger business (with many staff, some of whom might be only partly-trained) might find that having printed lists of allergens in each product would be a safer way of meeting their statutory obligations.

[237SJ]

I had a couple of customers recently who had nut allergies. I had information about which allergens were in each meal but even though nuts were not listed as being in the food, there is still (in the small print) a notice that says it is not guaranteed.

[Peter Pedant]

I thought there was a loop hole if the food were prepared on site
I could well be wrong.

[Buenchico]

PP: If food is prepared on-site there's currently no obligation upon the business to display a list of allergens on product packaging (if any is used). That's why Pret weren't obliged to label their pre-packed (but store made) sandwiches in the recently-reported case where a teenager died. However:
(a) the business must still be able to provide details of allergens present in their products upon request (and should make it clear that this facility exists) ;
(b) the Government has indicated that the law will be changed to force such retailers to show details of allergens on pre-packed store-made products ; and
(c) Pret has voluntarily adopted the new approach anyway.

[seb345]

I dunno I am not sure they can but as a person who is allergic we kind of already know what we are allergic to so we usually avoid foods that can cause a reaction. I have been allergic to peanuts for example since I was 8 years old and I have always avoided it in the shops. Even trace amounts of peanuts can cause an anaphylactic reaction in me. When I first got an allergic reaction I went to the hospital with my mom. They treated the immediate symptoms and then sent me to a pediatric allergist. He prescribed a set of tests to figure out what else was I allergic to. We went to a private lab that tested me (if you guys need to get tested you can check them here: https://www.intolerancelab.co.uk/intolerance-2). In about a week I knew all the allergens I had a reaction to and it helped me have a safer life. I have been okay for the past few decades, so I feel like for anyone who's allergic to be aware of their condition and to just be careful.