Horses – labels – and freefrom…

Horse's headA report on the radio last night suggested that the horse in your lasagne could have gone through around 12 ‘virtual’ hands as it was traded from Romania (where there is a glut of horsemeat as horse-drawn carts have been banned from the highways) to Italy, to France, to Poland to (quite likely) Tierra del Fuego and and back again, before landing up at Findus’ French manufacturers and being turned into lasagne. This most certainly throws an unpleasant light on the industrial nature of much of the food we eat – are we surprised that Hugh FW fulminates?

But apart from depressing us about the industrialisation of food and industry’s glaring lack of its much vaunted transparency, and incensing those whose cultural gastronomic predjudices have been offended, the scandal presented little in the way of danger. Until, that is, someone remembered that horses were regularly dosed with the non steroidal anti-inflammatory drug, phenylbutazone (‘bute’) which is not licensed for human consumption.  The real risk to human health is probably very small – unless you eat nothing but horsemeat all you life – although prolonged use can give the poor horses ‘ulcers, kidney damage, internal haemorrhage, weight loss and, in advanced stages, kidney failure and death’ according to this morning’s Independent.

burgers-each-way However, the arrival of ‘bute’ in the affair has allowed the blame to be shifted onto the Food Standards Agency who are meant to ensure that our food is safe – and contamination does indeed fall into their bag. But since this government emasculated the agency, transferring most of its powers to other governement agencies such as DEFRA and slashing both its budget and its workforce, it seems a little hard to blame them for failing to police the beef/horse situation when they have neither the money nor the staff to do so.

But never let it be said that any scandal comes without a silver lining. In this case it is David Cameron’s attempt to pass the whole affair off as ‘just a matter of labeling’ – which is focusing minds very nicely on labeling and its importance.

While some of those using gluten-free/dairy-free/nut-free foods may be panicking over the possibility that their food too may have been mis-labeled, I do not think they need to worry – well, no more than they would have worried anyhow. It seems pretty clear that the mislabeling in ‘horsegate’ is part of a criminal strategy to defraud. While the profits to be made out of dodgy beef/horsemeat are massive, those to be made out of mislabeled gluten-free bread are, relatively speaking, minute.

Not that this means that those wishing to exclude gluten, dairy, nuts, egg etc from their diets do not need to worry about labeling – they absolutely do. Of the seven allergy alerts/product withdrawals listed on the FSA allergy alerts page  between 9th January and 7th February this year, all are for products that have been mislabeled – not for products that have been contaminated. So accurate labeling (setting aside it helpfulness) remains an issue requiring better and tighter controls throughout the industry.

But, if course, it is not just the accurate listing of what is/is not in the product that they are concerned about – it is the allergen advice and that dreaded ‘may contain’.

Many efforts have been, and are being, made by the industry and the regulators to find ways in which manufacturers can protect themselves and yet still give helpful and useful information to the allergic consumer. Not ‘may contain nuts’ for example, but ‘no nuts in the ingredients but manufactured in a factory which does use nuts’ or ‘made in a nut-free facility but cannot guarantee the source of the ingredients to be nut free’ etc etc. But all too many manufacturers, especially the smaller ones, have still really not ‘got it’.

As you are no doubt aware, we have spent the last two weeks judging the entries for this year’s FreeFrom Food Awards. Depressingly we have had to ‘demote’ several excellent products from winning or highly commended positions because, when we came to look at the packs after we had made our decisions we found that a product which claimed to be ‘dairy free’ (or gluten free or nut free) had a ‘may contain traces of dairy’ at the bottom of the ingredients list. We even had one, entered into our new-this-year ‘manufactured in a nut free environment’ category, which said ‘may contain nut traces’ on the pack.

Neither we at the FreeFrom Food Awards nor the freefrom community at large expects (although some might like) all foods to be manufactured in dedicated facilities. But if they are not, then that manufacturer must provide full information about the potential risk to an allergic consumer so that they can decide for themselves whether or not to take that risk. It is not good enough to claim ‘dairy free’ and then add a ‘may contain’ rider. If those products had claimed ‘dairy free but manufactured in an environment where milk is used’, or ‘made in a dairy-free facility but cannot guarantee  ingredients are dairy free’ then we would have taken a different view, but just ‘may contain’ is not enough.

But while these entrants can, maybe, be forgiven for not yet getting their heads properly around the problem, what is unforgivable is the ‘mix’ companies. A couple quite big ones prominently flagged up ‘dairy free, egg free, gluten free’ on their mixes and then, in the instructions, told you to used eggs, milk or flour to make up the product…..

horse-doeuvres copy

 

 

 

 

 

Cartoons by Christopher White – sorry – could not resist…..

 

When is ‘gluten free’ gluten free?…

Email from Sue Cane, coeliac, FreeFrom Food Awards judge and and organiser of the beer judging for the awards:

I am doing some research on Marmite as it’s one of those products which is anecdotally gf but I’m convinced isn’t. During my digging, I have been told by  the FSA (Food Standards Agency), that one cannot assume a product is gluten free simply because there is no gluten in the ingredients. Did you know this?

It’s an interesting take on things isn’t it? It sort of turns everything upside down – and polarises the market – ordinary foods and dedicated gf foods. Not to mention undermining all the good work the supermarkets are doing in removing gluten from standard  products that don’t really need it so as to broaden the range for those on gluten-free diets.

Interesting that the official FSA position on gluten-free shopping is probably the polar opposite of what the consumer thinks. Were you aware of this?

My reply:

Well, yes I was….

Since the regulation defining ‘gluten-free’ as less than 20 parts per million of gluten came into force last January, the FSA have to say that as, if a products has not been tested and proved to have less that 20ppm of gluten it cannot be called ‘gluten free’! Practically speaking of course, there are hundreds, probably thousands of products which are effectively gluten free because they do not have any gluten-carrying ingredients but…. There is nothing to stop any of these products getting contaminated with gluten somewhere along the supply line or during the process of manufacture, especially if they are made in a factory which also makes gluten-containing products. Although the risk of them doing so is also pretty-to-very small.

Back in the day, if a product didn’t have any gluten in the ingredients (eg deliberately added) then it was assumed that it was gluten free. But since the new regulations came in everyone has got a lot fussier/more paranoid/more careful/more responsible – depending on how you look at it. So nowadays, if a manufacturer cannot guarantee that there is less than 20ppm (which could be caused by accidental contamination anywhere along the line) they are not prepared to claim gluten free – and this is obviously the stance taken by the FSA.

But, as far as the supermarkets and manufacturers in general are concerned, they are not only targeting coeliacs to whom this matters, but the ‘voluntary food restricters – in fact, it could be said that they are principally targeting ‘voluntary food restricters’ as there is where the main growth in the market is coming from. As far as this group is concerned, they are not gluten sensitive, they merely prefer to eat gluten-free foods. Contamination is really not an issue for them so they will be very happy to buy foods which are ‘gluten free’ in as much as they contain no gluten-carrying ingredients, but are not ‘gluten-free’ as now understood by the FSA and the regulators.

Does that make sense?

Sue said:

Yes, I agree the risk is small. In fact it probably varies from almost no risk at all at one end of the spectrum to, as you put it, quite-to-very small, but it’s interesting looking at it from this perspective rather than my normal one – which is no risk unless there’s gluten in the ingredients. And it was a bit weird to see this quote from the FSA, which logical as it is, is surely opposite to what most consumers believe.

I don’t think much has really changed in terms of the way ordinary products are manufactured. In fact there’s probably LESS risk of contamination etc now because of ‘good practice’ etc but it just means that manufacturers have to either go the whole hog and market products specifically for the gf market… or not. And that’s why we have the confusing situation where some products which are not listed in the coeliac directory (because they’re not marketed for people with gluten intolerance) are still deemed by the manufacturers to be gluten free.

You can tell there’s a lot of confusion here because of the number of times the same questions come up on message boards about it.

For interest I have just gone through what I’ve eaten today and only a small fraction of it is food that’s been made for people with gluten intolerance. And what’s interesting is that, as a reasonably savvy coeliac, I would have sworn that the law on labelling meant that everything I’ve eaten with no gluten in the ingredients MUST be gluten free. But I’m wrong.

But I’m also right in that this food IS safe to eat, despite the FSA’s scary statement. So we can, and do, trust food labelling. Particularly that of the big supermarkets who have really got their act together big-time in the labelling dept.

However, it worries me that as a result of the FSA assertion that you cannot assume a food is gluten free just because it doesn’t contain any gluten in the ingredients means the market will now split in two? Will the supermarkets making lifestyle gluten-free stuff (eg stuff which just does not contain any gluten in the ingredients) stop bothering about coeliacs and truly gluten-free free foods that are guaranteed to contain less than 20 ppm of gluten? It would drive a wedge through what we currently understand the classification of safe food to be and it would mean that cheaper, readily available non-specialist gluten-free food would cease to be suitable for coeliacs.

To which I said:

I don’t think that the supermarkets are likely to abandon their ‘freefrom’ ranges at this point. They have invested far too much in them and anyhow, ‘freefrom’ is good PR for them – shows them as loving, caring people which, to be fair, many of the people who work in freefrom genuinely are. And the ‘freefrom’ ranges will always have to comply with the ‘reg.s’ to be able to called themselves ‘gluten free’ so super sensitive/concerned coeliacs can stick with those.

As far as products that do not contain any gluten in their ingredients are concerned coeliacs/gluten intolerants will be in the same situation as they were before – eating products with no gluten in the ingredients without any awareness of the contamination issues. The only difference is that now they will be aware of what they are doing, and the low risk that they are taking, whereas before they were not.

 

 

Allergen labelling – non pre-packed foods and wines

Over the last few months the catering/food service industry has been getting in a major lather over the imminent (2014) implementation of regulations requiring them to declare the presence of major allergens in their products  – bringing them into line with the retail trade which has had to do so for some years now.

However, while declaring the presence of an allergen on your pack is relatively easy, doing so when there are no packs is a great deal more difficult – which is why the regulators have shied away from it for so long. However, they have finally bitten the bullet and yesterday (7th November) DEFRA sent out the proposed regulations for ‘consultation’. Which means that we can all have our say and, conceivably, if any of us have anything useful to say, they may take it on board.

The relevant bit of the document is section 5:

Foods that are not prepacked etc. containing an allergenic substance or product etc.
5.—(1) A food business operator who offers for sale a relevant food to which this regulation applies may provide the particulars specified in Article 9(1)(c) in relation to that food in any manner that they choose, including, subject to paragraph (3), orally.

(2) This regulation applies to a relevant food that is offered for sale to the final consumer or to a mass caterer otherwise than by means of distance communication and that is—

(a) not prepacked;

(b) packed on the operator’s premises at the consumer’s request; or

(c) prepacked for direct sale.

(3) Where a food business operator intends to provide the particulars specified in Article 9(1)(c) relating to a relevant food orally, they must indicate that details of the Annex II substance or product used as an ingredient or processing aid in the manufacture or preparation of the food, or derived from such a substance or product, can be obtained by asking a member of staff.

(4) The indication mentioned in paragraph (3) must be given—

(a) on a label attached to the food; or

(b) on a notice, menu, ticket or label that is readily discernible by an intending purchaser at the place where they choose that food.

(5) In relation to a relevant food to which this regulation applies, the Article 9(1)(c) particulars provided by a food business operator must be provided with a clear reference to the name of the substance or product listed in Annex II.

(6) In this regulation “relevant food” means a food in which an ingredient or processing aid listed in Annex II, or derived from a substance or product listed in Annex II, has been used in its manufacture or preparation and that is still present in the finished product (even if in an altered form).

If you can cut through the obfuscating jargon what this means is that:

1. Anyone selling food that is not pre-packed in a retail pack e.g. a caterer, restaurant, pub, café, market stall etc etc – must provide information about the  *’major’ allergens in the food that they are selling.

2. They can do so:
a. Orally – by telling you about it
b. Or any other way they want to – presumably by printing it on an information sheet or a menu, putting it on their website (inconvenient when you are already trying to order your meal), developing an app……?

The seriously dodgy bit about this, as anyone who has tried eating out with an allergy will realise immediately,  is the ‘orally’. OK, the restaurant or whatever may now be obliged to ‘tell’ you about any allergens in any of their dishes – and even have to put up a notice telling you that they have to tell you – but what chance is there that they will tell you accurately?

Because of the nature of the catering trade, serving staff are 95% foreign (often with a poor grasp of English), temporary and poorly trained in basic food safety let  alone the complexities of allergy. Even if they are willing, the chances of them actually getting the facts about allergens in the foods they are serving right are often vanishingly small.

Yes, it is certainly good news that allergen information on non-pre-packed food is going to have to be available but from the allergy sufferer’s point of view, they would be far better off if the outlet concerned had to provide them with a printed list of ingredients, highlighting the major allergens, on request – not just  ’tell them’ about the allergens. When waiters in up-market restaurants that pride themselves on offering gluten-free alternatives can still offer a coeliac a ‘safe’ dish because it has no butter in it – what hope in Joe’s Caff or down the Old Dog and Duck?

So, since we have an opportunity to comment on the proposed regulations, can I  suggest  that as many of you as possible actually do so. Please welcome the arrival of the regulations but ask the regulators to tighten up  No. 5 (1) to read:

A food business operator who offers for sale a relevant food to which this regulation applies should provide the particulars specified in Article 9(1)(c) in relation to that food in a written format that allows the customer to study the ingredients of the food product and be sure that the information about allergens that they are being given is reliable. This information  should NOT be conveyed orally.


The full text of the consultation is to be found on  the DEFRA site here , more general information on the DEFRA site here, where you will also find the address for responses if you wish to write rather than email; if you wish to email, do so to labelling@defra.gsi.gov.uk
You might wish to quote this reference to make sure that your comment is attached to the right consultation!
Consultation on Food Information Regulations (FIR) 2013 – Draft SI (November 2012) 

N.B. The full list of ‘major allergens’ mentioned above is to be found below – as is the text of the email that I have just sent to DEFRA.

 

Wine labelling

However, for any of you who are milk or egg allergic and have not caught up with the latest on that front, the good news is that since the last update in July 2012 the ‘following compulsory details must be visible although are not required to be within the same field of vision as the country of origin, bottler’s details, nominal volume and actual alcoholic strength:
• Lot Number
• Sulphur dioxide, eggs, milk
using one of the expressions in format “Contains….” shown in the guidance note issued by the European Commission in English eg

‘egg’, ‘egg protein’, ‘egg product’, ‘egg lysozyme’ or ‘egg albumin’
‘milk’, ‘milk products’, ‘milk casein’ or ‘milk protein’

At least you will be able to drink safely, when you go out on the town, even if you are not sure whether you will be able to eat safely!

 

* The major allergens (for the full list see the FSA website here)
Cereals
Crustaceans
Eggs
Fish
Peanuts
Soybeans
Milk
Nuts
Celery
Mustard
Sesame seeds
Sulphur dioxide
Lupin
Molluscs

 

Dear Sirs -

Consultation on Food Information Regulations (FIR) 2013 – Draft SI (November 2012) 
While we are delighted that there is now to be a requirement for an allergen declaration on food sold loose and in catering outlets, we are concerned about the method of delivery of that message.
Given the nature of the catering trade (over 90% foreign workers often with a poor grasp of English, many on temporary contracts and often poorly trained in basic food safety let alone the complexities of allergy) we feel that the potential for error, if the allergen message is to be delivered orally, is massive. Even if staff are willing, the chances of them actually getting the facts about allergens in the foods they are serving right are worryingly small.
We feel that there would be much more security for the allergic person if the allergen information had to be conveyed in a written format that allows the customer to study the ingredients of the food product and be sure that the information about allergens that they are being given is reliable. 

We appreciate that this may be more troublesome for the establishment but it will be very much more secure for the allergic consumer (the intention, presumably, of the regulation). In the long run it will also be more satisfactory for the caterer who will minimise the chance of a customer having a reaction as a result of incorrect information  delivered by a member of staff who does not understand the complexities of allergy.

Your sincerely,