Food safety
Allergens: you can tell customers verbally, but an inspector will ask for it in writing
Every dish you serve unpackaged has to come with its allergen information, and you have to be able to show it in writing.
Menuveo team3 min read
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In this article
In 30 seconds
- Every dish you serve unpackaged (menu, set lunch, tapa) has to carry information about which allergens it contains: it's mandatory since March 2015.
- You can tell the customer verbally, but only if you also have it written down or on the computer and can show it.
- You don't need to flag the allergen when the very name of the dish already makes it clear.
- You have to put up a visible notice of where to look for that information or that staff can be asked, and allergens go in Spanish.
Introduction
Every dish that leaves your kitchen unpackaged (a tapa at the bar, a set lunch menu, whatever you put on the menu) has to carry information about which allergens it contains. It's an obligation that has been in force since March 2015 and applies to any bar, restaurant or collective catering facility.
The rule governing it is Real Decreto 126/2015, which develops in Spain what the European food information regulation already set out, and it covers foods presented unpackaged.
What exactly it requires of you
For foods you serve unpackaged to the final customer, the minimum mandatory information includes the name of the food and the allergen statements. The reference to the allergen has to be clear, indicating the specific substance or product.
You don't need to indicate it when the very name of the dish already makes it clear.
Verbally yes, but with paper behind it
Allergen information, as a general rule, goes in writing: on labels stuck to the food or on signs next to it, at the point of sale. But the rule allows it to be given orally as long as two conditions are met:
The key point
Oral information is only valid if: (1) it can be easily provided when the customer requests it, before the purchase is completed, by your staff or by another means at no extra cost to them; and (2) that same information is recorded in writing or in electronic form at the establishment, accessible to staff, to control authorities and to customers who request it.
In your day-to-day: you can tell the customer verbally, but you have to have a sheet or a file with the allergens for each dish and be able to show it if you're asked, whether by the customer or an inspector.
The sign that flags where the information is
In the areas where you offer these dishes, you have to indicate in a visible, legible and accessible way where the allergen information is available, or that the customer can ask staff for it.
Watch out
This notice isn't necessary in places that serve meals specifically adapted for people with allergies or intolerances. But even in that case, the allergen information has to be available and provided whenever customers or control authorities request it.
In which language
The mandatory statements have to be, at least, in Spanish. There's an exception for traditional products made and distributed only within a community with its own language, but that exception does not extend to the allergen statement: allergens go in Spanish in any case.
What you have to do
- Have the allergens of each dish you serve unpackaged identified.
- Keep it recorded in writing or in electronic form, within reach of staff, inspection and the customer.
- Put up a visible notice of where to consult that information or that staff can be asked.
- Write the allergen information in Spanish.
About fines
Real Decreto 126/2015 itself does not set out a penalty regime or fine amounts: it doesn't include a section on infractions. It governs the obligation to inform, not the financial consequences of failing to do so, which are left to other food safety and consumer protection rules. If you have doubts about how a specific case affects you, check with your advisor.
Source: Real Decreto 126/2015, of 27 February (BOE no. 54, of 4 March 2015), in force since 5 March 2015.
Informational content, not legal advice.
Frequently asked questions
The general rule is that allergen information goes in writing, on labels or signs next to the food. The rule allows it to be given orally, but only if you also have it recorded in writing or in electronic form at the establishment and accessible to staff, control authorities and customers who request it. In other words, even if you say it verbally, you need the written backup.
Yes, but with two conditions. First: the information can be easily provided when the customer requests it, before the purchase is completed, by your staff or by another means at no extra cost to them. Second: that same information is recorded in writing or in electronic form and is easily accessible. Without that written record, the oral route doesn't comply.
No. The rule expressly states that the allergen indication isn't necessary when the name of the dish clearly refers to the substance or product in question. If the dish already mentions the allergenic ingredient in its name, there's no need to repeat it.
At least in Spanish. There's an exception for traditional products made and distributed only within an autonomous community with its own language, but that exception doesn't apply to the allergen indication: allergen information has to be in Spanish in any case.
Real Decreto 126/2015 doesn't establish its own penalty regime or set fine amounts: it governs the obligation to inform, but doesn't include a section on infractions and penalties. The consequences of non compliance are left to other food safety and consumer protection rules. For your specific case, check with your advisor.
Official sources
- Real Decreto 126/2015, de 27 de febrero (BOE núm. 54)BOE-A-2015-2293
