What's the Allergy Agenda?
This week 'The Allergy Agenda' event took place and held at Ethos restaurant in central London. A restaurant that ensures allergy sufferers and those with special dietary requirements are well catered for with a vast range of gluten free, dairy free and vegan options The event was sponsored by IndiCater. The event covered the growing importance of allergy compliance within the hospitality sector with a workshop discussion. The 3 main areas of focus were the legal side of allergen compliance, the importance of an effective back of house system that can handle allergy issues, plus a focus on how customers can access allergen tools ‘on the go’.
The allergy experts:
- Nicola Smith – Senior Associate, Squire Patton Boggs
- Kim Antoniou – Founder, Kafoodle
- Debi Nichol – Managing Director, IndiCater
The Legal Analysis
Nicola Smith began the presentation by discussing legal position and regulatory framework. This included the potential civil liability for negligence and the breach of duty of care. How case law regulate the issue and how courts interpret legislation?Nicola went through the legal position of the EU FIC and how this has in many ways brought allergies into focus. The 14 specified allergens under this were also discussed.An interesting area related to this is prepacked vs. non-prepacked and how the different requirements are worth being aware of. A question often asked is how to make non-prepacked food information available and this is 'by any means' by the operator, including verbally. But if this is done, it must be highlighted that this is possible.Nicola ended her first part of the discussion with food safety offenses and that if something is committed by any person then the waiter, chef, training company and directors can be liable. Nicola Smith – Senior Associate, Squire Patton BoggsCustomers on the go
Kim Antoniou shared her personal story of her husband having an allergic shock because of a lack of communication in a restaurant. This made Kim want to do more to make people aware and so she founded Kafoodle.A perspective was provided:- 45% of diners need to consider allergies or intolerance when eating out
- 2% of which could die if they get it wrong
- 21 million adults in the UK suffer from at least 1 allergy
The software specialist
Debi Nichol from the event sponsoring company IndiCater highlighted the importance to improve information sharing. A database can improve the allergen process from supplier all the way to finished product.Suppliers should submit their product/ingredient information so that operators are aware of the ingredients that are used to create a recipe and allergens contained are clearly highlighted. In turn the recipe is created with these instructions, and the information is available should the customer ask.IndiCater's supplier portal helps the relationship between supplier and operation and then with the operation and the customer. It can be updated with information and automatically updates recipes for the team to use. This real time information offers simplicity and also aids staff training. Nicola ended the key speeches by going through offenses and penalties including the strict liability involved, penalty fines, imprisonment and officer liability. This now includes no maximum fine limit.However there is the defence of due diligence, so precaution is essential for any operation. Nicola went through the sentencing guidelines and guidance on due diligence. This included the need to have training and refresher training to ensure everything is covered. A good exmaple given is that of if a sandwich, which may be advertised as 'gluten-free' but has to have been made away from other crumbs, which could mean it's not.Nicola's ending point was Murphy's Law:Anything that can go wrong will go wrong...Worse case scenario:- Suppliers change product specifications
- Temporary / agency staff
- Deliveries incorrect
- Product substitutions
- Recipe changes / dish of the day
- Staff illness on scheduled refresher training
- Spillages on/ loss of allergy folder
Questions and thoughts from the room included:
- If airplane food is supplied non pre-packed and is served to the customer as pre-packed, what does the legislation say. Depends on circumstance.
- Food safety and food regulations. If staff are asked if something is cooked in the same oil as something else, what can they say if they are not sure. They have to say they don't know.
- A risk is a risk. Some times even roast dinners can contain unusual ingredients such as fish. "We can't guarantee everything doesn't contain something".
- The hospitality sector has a responsibility, but as does the public. How can we encourage a "Please ask us" culture.
- The importance of trusting supplier information.
- The need to label food differently. Example given of a supermarket giving a homeless shelter sandwiches at the end of the day - does this the information have to change before provided as it is not sold or given on the same site as it's made?
- The Department of health teams are hot on all issues and the public should raise queries and concerns. If mis-sold a product because of no information, they will be on the operators back.
- The importance of not misleading the customer.
- More are being checked by environment health - are systems in place and staff are tested.