New prepacked food labelling legislation to take effect from 1 October

This article contains paid-for content created in collaboration with Food Standards Scotland.

From 1 October 2021 the way in which businesses label food and drink prepacked for direct sale (PPDS) will change.

Mirroring changes across the UK, the new rules will make it mandatory for businesses in Scotland to include detailed ingredient and allergen information.

Food Standards Scotland is offering support and guidance to help businesses selling PPDS food and drink to prepare and adapt.

Currently there is no legal requirement for food that is prepared, packaged and sold on business premises to have allergen labelling. The new rules have been designed to inform and protect allergy sufferers and come following the tragic death of 15-year-old Natasha Ednan-Laperouse, after suffering an allergic reaction to a baguette in 2016.

Following a wide-ranging Food Standards Scotland consultation and overwhelming support from the public and consumers calling for full ingredient labelling, food businesses will soon have to make it clear what exactly is in their food products and identify potential hazards.

Food Standards Scotland Chair, Ross Finnie said:

“This new law will undoubtedly save lives. This is a significant step forward and from 1 October retailers must provide clear information to consumers. We are committed to working with businesses across Scotland and supporting them to make these necessary changes.”

Any item of food that is packaged so that the contents cannot be altered before being sold to the customer is within the remit of this new legislation, including:

  • Sandwiches prepared and packaged by the food business before the consumer selects them
  • Foods prepared and packaged which the operator then sells at a market stall or from a food truck
  • Buns or cakes made by a baker packaged on the same premises before being sold to customers
  • Pies, burgers, sausages or ready meals packaged to be sold from the same premises
  • Mixed bags of sweets which are made up, packaged and sold on the same premises or from a mobile unit such as an ice cream van
  • Items such as fresh pizzas made at the deli counter in a supermarket or boxed salads which are packed on site and refrigerated prior to sale

The label must include the food name and the ingredients list, with any of the 14 key allergens below that must be declared by law clearly emphasised to consumers:

  • Cereals containing gluten
  • Crustaceans
  • Egg
  • Fish
  • Peanuts
  • Soybeans
  • Milk (including lactose)
  • Nuts
  • Celery
  • Sesame
  • Seeds
  • Sulphur dioxide and/or sulphites
  • Lupin
  • Molluscs

It is essential that businesses review recipes for any PPDS products they sell, or intend to sell. To help with this process, businesses can use the free FSS’s MenuCal tool to record recipes, identify allergens and note each ingredient in descending order by weight.

Food Standards Scotland is here to help and is working closely with the Food Standards Agency, the regulator for the rest of the UK, to help businesses of all sizes transition. To find out more, and to access guidance and support, please visit foodstandards.gov.scot/prepacked