Allergens: The note from the Ministry of Health brings together restaurant managers and customers

In February 2015, the Italian Ministry of Health issued a note whose objective was to bring professional operators and customers together. Ultimately, information about the possible presence of allergens in the menu must be written, but the operator is free to decide where. The side note from the Ministry of Health completes the previous EU legislation of 13 December 2014, relating to the need to provide information to consumers about the foods offered. The legislation in question is valid for all companies active in commercial and collective catering, i.e. bars, restaurants, holiday farms, canteens and hotels. The note released by the Ministry of Health in 2015, on the other hand, clarified the communication methods to be adopted to inform consumers about the possible presence of the allergens indicated in Annex II of Regulation 1169/2011.

The content of the ministerial note

Many restaurateurs wanted verbal communication of allergens, to be carried out only at the request of the consumer. Others, on the other hand, were in favor of a specific written communication, which simply indicated the allergens included in the list indicated by the aforementioned Regulation. In both cases the will of the managers was to want to save the menu, preventing it from turning into a cold volume of information. The note of 16 February 2015 therefore sought to guarantee unambiguous and effective guidelines, clarifying that information about the presence of allergens must be specified in writing, although the restaurateur remains free to choose the text in which to report it (on the menu, rather than on special signs or registers to always be kept in view, so as to allow anyone to read them). The obligation present in the Regulation will be considered fulfilled also in the following cases:

– If the operator has indicated in writing and in a place visible to all a sentence like this: "information relating to potentially allergic products can be requested from the service personnel"

– If the operator has written a similar wording on the menu or elsewhere: "for information relating to allergens and potentially dangerous substances, it is possible to consult the documentation provided by the staff".

Restaurateurs are free to inform customers also via App or QR codes

The line adopted by the Ministry of Health was to safeguard the menu. Obviously, every restaurateur is free to use electronic formats such as smartphone applications and scannable codes. In these cases, however, it remains mandatory to have a written text complete with the relative indications, so as to be able to show it to any customers without a telephone. However, the choices of the restaurateur remain independent of the obligation of the staff to prepare themselves about the practices to be followed in order to respond adequately to the requests of the law in force. The ministerial note therefore chose not to burden the duties of restaurateurs, avoiding the obligation to include informative texts of a certain length on the menus. In this way, consumers are also protected from the presence of any allergens or potentially dangerous ingredients.