Food allergen management is a legal obligation for restaurants in the United Kingdom. When allergen information is missing, inaccurate, or poorly controlled, enforcement action can follow. In serious cases, this can include substantial financial penalties and other sanctions.

Understanding how fines work, what inspectors consider, and how risk is assessed is essential for any food business serving the public.

Allergen requirements in the UK are primarily set out in the Food Information Regulations 2014. These regulations implement retained EU Regulation (EU) No 1169/2011 on the provision of food information to consumers.

Since October 2021, Natasha's Law has strengthened requirements for prepacked food for direct sale, requiring full ingredient lists with allergens emphasised.

These laws are enforced by local authority Environmental Health Officers, operating under guidance from the Food Standards Agency.

Failure to comply with allergen legislation is a criminal offence.

There is no fixed fine for allergen breaches in the UK. Courts have the power to impose unlimited fines for food safety offences.

When determining the level of a fine, the court considers factors such as:

• The seriousness of the offence
• The level of risk posed to consumers
• Whether actual harm occurred
• Whether the breach was avoidable
• The size and turnover of the business
• Previous compliance history

This means that two similar allergen failures can result in very different penalties depending on circumstances.

While penalties vary, enforcement action for allergen failures commonly results in:

• Fines in the thousands of pounds for failures to provide accurate allergen information
• Higher fines where negligence or repeated failures are identified
• Significantly higher penalties where allergic reactions occur

In the most serious cases, particularly where harm has occurred, cases may be heard in the Crown Court, where fines are unlimited.

Allergen offences can have consequences beyond fines.

Depending on the circumstances, enforcement action may also include:

• Improvement notices requiring changes within a fixed timeframe
• Prohibition notices preventing food service until issues are resolved
• Temporary or permanent business closure
• Loss of food hygiene rating
• Civil claims from affected customers
• Disqualification of company directors

In some cases, individuals responsible for food safety can face custodial sentences.

Allergen failures are treated as high risk because of the potential for serious injury or death. Even where no reaction occurs, providing incorrect information is considered misleading and dangerous.

Inspectors place particular emphasis on whether a business can demonstrate that it has taken reasonable steps to manage allergens properly.

Enforcement action often follows situations such as:

• Ingredients changing without allergen records being updated
• Supplier substitutions introducing new allergens
• Specials or temporary menu items not being assessed
• Staff giving verbal assurances that are not supported by written information
• Inconsistent allergen information across menus, websites, and delivery platforms

These are common risk areas, which is why inspectors expect allergen systems to be robust rather than informal.

Businesses are expected to demonstrate due diligence. This means being able to show that reasonable precautions were taken and that there is an effective system in place.

Inspectors typically expect to see:

• Accurate allergen information linked to ingredients
• Clear procedures for updating information
• Staff who know where allergen data is stored
• Evidence that allergen risks are actively managed

One of the key factors inspectors consider when assessing allergen breaches is whether a business can demonstrate that it has taken reasonable steps to manage allergen risks. This includes having accurate, up to date allergen information that is easy for staff to access and maintain.

Allergenius is designed to support this by providing a central system where ingredients, dishes, and allergens are clearly linked and managed in one place. When recipes or suppliers change, allergen information can be reviewed and updated consistently, reducing the risk of outdated or incorrect information being provided to customers.

By helping businesses maintain accurate records and clear processes, Allergenius supports restaurants in demonstrating due diligence during inspections and reduces the likelihood of errors that can lead to enforcement action.

Further information is available at allergenius.co.uk.