Key changes and points of attention for packaging

• Preventing allergen cross-contamination remains a legal obligation for food producers. In practice, however, producers often use disclaimers on labels such as “May contain traces of…” or “This product was manufactured in a facility that also processes nuts”. These statements cause confusion because consumers with an allergy or intolerance could not determine whether a specific allergen was actually present in the product. The use of such general warnings is therefore no longer permitted.
• Food producers may now only use precautionary allergen labelling if they can demonstrate that all possible measures have been taken to prevent cross-contamination, but a demonstrable risk of allergen cross-contamination still remains.
• The wording of precautionary allergen labelling (PAL) is now strictly limited to the following standard formulations:
  • “May contain [allergen]”
  • “Not suitable for [condition]”
• Other formulations are no longer permitted. This means that statements such as “may contain traces of…” can no longer be used.
• PAL must be based on a risk assessment, not on the assumption that “we cannot rule out that our product contains an allergen”.

What do we take into account during our inspections?

During inspections, we pay attention to the following points:

• Allergens from nuts must be specified by type: almonds, cashews, hazelnuts, macadamia nuts, Brazil nuts, pecans, pistachios, and walnuts.
• Cereals containing gluten must be specified, including wheat (such as spelt and khorasan wheat), rye, barley, oats, or hybrid varieties.
• Allergens present in a product must be declared, including when they may be present as a result of cross-contamination. The correct precautionary allergen statement, such as “may contain [allergen]” or “not suitable for [condition]”, must be used. A precautionary allergen statement is not required if a substantiated risk assessment shows that the amount of allergen remains below the established threshold value (PAL value).
• If allergen cross-contamination cannot be prevented, customers or guests must be clearly informed.

Tip! The NVWA website now provides a new allergen checklist to help businesses assess their allergen management.

Why are these changes being introduced?

The policy aims to provide better protection for consumers with allergies by focusing on:

• Prevention through the production process: precautionary allergen statements should only be used when there is a demonstrable risk.
• Clear and consistent labelling: making allergen information easier for consumers to understand.
• A scientific basis: using the PAL threshold value ED05 as the foundation.