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Trade Advice Document

Trading advice from several sources is available to help businesses comply with the law.

The Health and Safety Executive website has advice on:

The Chartered Trading Standards Institute provides advice on a number of topics:

Food labelling for caterers

In the guide

This guidance is for England

There are fewer labelling requirements for food sold from catering establishments* than for prepacked food, but any information that you do provide must be accurate and not misleading. This applies to all information whether provided in writing (such as on a menu or chalkboard) or verbally (in response to a customer's question, for example).

[*'Catering establishments' includes restaurants, canteens, pubs, clubs, schools or similar, and mobile caterers such as fast food vans.]

Common descriptions used in catering

Scampi

Only products made from complete wholetails of the species Nephrops norvegicus may be referred to as 'wholetail scampi' or 'scampi'. The term 'wholetail scampi' must not be used for products made from reformed scampi pieces; this product must be described as 'reformed scampi'.

King prawn

This description can only be used where the prawns are one of three specific species of prawn listed in Defra's Commercial Designations of Fish (opens in a new window) document and are the correct size.

Tiger prawn

This description can only be used where the prawns are one of the species listed in Commercial Designations of Fish that may be described as such.

Chicken fillet & breast

These terms must not be used where the chicken has been chopped and shaped. Care must also be taken to check that you are not buying chicken with added water and other proteins, such as from another animal species or derived from milk. If your chicken should be labelled as containing other ingredients, you may break the law if you fail to make it clear to consumers that the product does not contain 100% pure chicken meat.

Meat products

Sausages, beef burgers, pasties, pies, sausage rolls, etc have legal compositional requirements regarding the minimum meat content. 'Composition of meat products' has more information about the specific requirements of these foods. A food cannot be called a sausage, pasty, etc unless it complies with the minimum meat content for that product. Products described as 'ham' should be sliced from a whole cured piece of meat from the hindquarters of a pig. Products that are from the shoulder or are 'formed', 'reformed' or contain more than 5% by weight of the finished product must be correctly described.

Roast

This description should not be used where a food has been steamed and flash roasted.

Smoked

This description should only be used where the product has been subject to a smoking process. Where only a smoke flavouring has been added, the description 'smoke flavour' should be used.

Fresh, local, seasonal, pure, natural, homemade, etc

Care should be taken when making claims about the provenance or production of the ingredients used or the final product that you are selling. Guidance on the use of the terms fresh, natural, etc (opens in a new window) is available on the Food Standards Agency website.

Vegetarian

Any vegetarian dishes must have been produced without any contact or contamination with meat, fish or seafood. This includes using separate oils for frying vegetarian dishes and careful checking of sauce ingredients. Some cheeses contain rennet, which is an animal by-product and therefore may not be suitable for vegetarians.

Free from nuts, wheat, milk, shellfish

You need to provide information to consumers about which allergens each of your products or dishes contains. Particular care should be taken with food described as suitable for allergy sufferers, either via a written description or verbally. You need to exercise extreme caution, particularly in relation to nut allergic consumers who could suffer a fatal reaction from minute levels of contamination. For more information see 'Food allergens & intolerance' and 'Specified allergenic ingredients - Q&A'.

Other commonly misdescribed food or ingredients

  • 'imitation cheese analogue' described as 'cheese' on pizzas
  • 'crab' when the product is made from 'crabsticks'
  • 'margarine' described as butter - for example, 'bread and butter'
  • 'non-brewed condiment' described as 'vinegar'

Portion sizes

Descriptions - such as 'pancake rolls (6)' or '½ duck' - must be accurate.

Colours

The law sets maximum levels for colours in various foods, and only certain colours may be used. Some sauces, such as sweet-and-sour and tandoori spice mixes, have occasionally been found to contain excess colours. Care should be taken when making these if you use colours or mixes containing colours. More information can be found in 'Colours in food'.

EU protected food names

Cornish Pasties and Traditional Cumberland Sausages are two examples of products that have been accredited with protected status. Any products using these names must comply with the compositional and/or origin requirements. More information on protected food names (opens in a new window), including a list of UK registered names, is available on the GOV.UK website.

Other legal labelling requirements

Food containing irradiated ingredients must show a description stating they are 'irradiated' or 'treated with ionising radiation'.

Raw milk must have an accompanying description: 'Milk supplied in this establishment has not been heat-treated and therefore may contain organisms harmful to health'.

Customers must be notified of any food that has been cooked using GM oil.

Calorie labelling: If you choose to give information about calorie or other nutrient content of your dishes we would advise you obtain advice from your local trading standards or environmental health service (depending on the arrangements in your area). Further information on out of home calorie labelling (opens in a new window) is available on the Department of Health website.

Good practice advice

  • check that the descriptions that you make are correct, and match those given by your supplier (on order forms, delivery documents, invoices or on product packaging) - for example, if the supplier description is 'reformed scampi', the menu description should also be 'reformed scampi'. Check with your supplier if you are in any doubt about the accuracy of your descriptions
  • remember that product specifications may change over time, so you need to keep checking
  • take particular care when you change supplier
  • advise customers of any changes to product descriptions. If the change is permanent, the menu will need to be amended
  • always ensure that you and all employees follow the instructions supplied with any seasoning / colour. If there are no instructions, or if they are not clear, ask your supplier for further details in writing. Do not guess or rely on verbal information

Penalties

It is an offence to display misleading or incorrect information. The accuracy of descriptions used in catering premises is the responsibility of the business owner.

Failure to comply may result in an improvement notice being issued, requiring compliance to be achieved. If the improvement notice is not complied with it is an offence under the Food Safety Act 1990. The maximum penalty is a fine and two years' imprisonment.

If allergen information does not comply with the requirements it is an offence under the Food Information Regulations 2014. The maximum penalty is a fine.

Key legislation

Last reviewed / updated: December 2016

PixelPlease note

This information is intended for guidance; only the courts can give an authoritative interpretation of the law.

The guide's 'Key legislation' links may only show the original version of the legislation, although some amending legislation is linked to separately where it is directly related to the content of a guide. Information on amendments to UK legislation can be found on each link's 'More Resources' tab; amendments to EU legislation are usually incorporated into the text.

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The county council is not responsible for this information.