Owen's Law: Potential impact on UK foodservice & hospitality
This blog examines the potential impact of Owen's Law on UK foodservice and hospitality organisations. Owen's Law, a proposed legislation in the UK, aims to enhance food safety for those with allergies by mandating the display of allergen information on menus in restaurants and cafes.
What is Owen's Law?
Owen's Law is a campaign which arose from the tragic death of Owen Carey in 2017. Owen had a dairy allergy and died after experiencing a severe allergic reaction to buttermilk, an ingredient in a chicken burger he consumed. This incident exposed a critical gap in how restaurants communicate allergen information, prompting calls for stricter regulations.
The central goal of Owen's Law is to make it mandatory for restaurants to provide clear and written allergen information on their main menus. The proposed legislation expands upon Natasha's Law, which already requires allergen labelling on pre-packaged food for direct sale (PPDS).
The campaign advocates for several key changes:
- Allergen information on main menus: Restaurants must clearly display allergen information for all dishes on their main menus, ensuring this information is readily accessible to all customers.
- Standardised allergen labelling: The use of standardised symbols, numbers, or words to indicate allergens on menus, promoting consistency and clarity for customers.
- Full ingredient breakdowns: Restaurants should provide a comprehensive list of ingredients for each dish, potentially using an allergy matrix, to enable customers to make fully informed decisions.
- National register for anaphylaxis deaths: The campaign also proposes maintaining a national register of anaphylaxis deaths to track the scale of the problem and inform prevention efforts.
Potential impact of Owen's Law on UK foodservice & hospitality organisations
Owen's Law has the potential to significantly impact UK foodservice and hospitality organisations across various areas:
Operational changes from Owen's Law
Ingredient sourcing and management: Increased emphasis on accurate ingredient tracking and communication with suppliers to ensure allergen information is always up-to-date, especially given the challenges around volatile supply chains and potential ingredient substitutions.
Menu management: Restaurants will need to redesign and reprint menus to incorporate allergen information clearly and accurately. This may involve significant costs and logistical challenges, especially for businesses with frequently changing menus or those relying on seasonal ingredients.
Staff training: Investment in staff training to ensure that all staff are knowledgeable about allergens and can confidently communicate this information to customers.
Technology adoption: Potential increase in the adoption of technology solutions, such as Product Information Management solutions and digital menus, to facilitate compliance with the law and improve efficiency in accurately managing allergen information.
Financial implications of Owen's Law
Menu costs: Reprinting menus to include allergen information will incur costs for businesses, particularly those with extensive menus or those who need to reprint menus frequently.
Training costs: Investing in staff training on allergen awareness and management will have associated costs, which may vary depending on the type and extent of the training provided.
Technology costs: Adopting new technologies, such as PIM software and digital menus, may require an upfront investment and ongoing maintenance costs. However, these costs are likely to be offset by enhanced operational efficiency, more effective collaboration, and vitally, improved allergen data accuracy.
Potential legal costs: Non-compliance with the law could lead to legal action, fines, and associated costs, highlighting the importance of adhering to the regulations.
Customer experience benefits of Owen's Law
Increased transparency: Owen's Law will promote transparency and empower customers with allergies to make informed decisions about their meals, creating trust and confidence in the food establishment.
Enhanced safety: By providing clear and accessible allergen information, the law aims to reduce the risk of allergic reactions and improve customer safety, creating a more inclusive and safer dining environment.
Improved confidence: Customers with allergies may feel more confident dining out, knowing that allergen information is readily available and that the establishment prioritises safety.
Industry response and support for Owen's Law
The Food Standards Agency (FSA) has expressed strong support for Owen's Law and has committed to working with the government to consider the necessary legislative changes. Notably, the FSA board members were unanimous in their support for mandatory allergen information, indicating a firm commitment to improving allergen safety in the food industry. The FSA has also agreed to develop guidance for restaurants on how to provide written allergen information effectively.
While UKHospitality, the trade body for hospitality in the UK, supports the overall goal of improving customer safety, it has emphasised the need for flexibility in implementing Owen's Law. This is particularly important considering the challenges of volatile supply chains and the frequent need for ingredient substitutions, which can make it difficult to maintain completely accurate allergen information on menus at all times.
Public consultation for Owen's Law
In a significant development, the FSA launched a public consultation on its draft guidance for allergen information for non-prepacked food in October 2024. The consultation invited feedback from food businesses, consumers, and local authorities on the proposed changes, providing an opportunity for stakeholders to contribute to the development of the final guidance. The consultation closed in November 2024, and the FSA is expected to publish its findings and next steps in due course.
Legal analysis and expert opinions on Owen's Law
Legal experts have analysed the potential implications of Owen's Law, highlighting the need for clear legal definitions and guidelines to ensure effective implementation. This includes defining the scope of the law, specifying the format and content of allergen information, and establishing procedures for enforcement.
Expert opinions emphasise the importance of a balanced approach that considers both customer safety and the operational realities of food businesses. This includes recognising the challenges of managing allergens in a dynamic environment with changing menus and ingredient substitutions.
Furthermore, legal analysis has highlighted the interaction of Owen's Law with other relevant legislation, such as the Windsor Framework. The Windsor Framework, which applies to certain foods, requires specific labelling for products intended for sale in Northern Ireland. This adds another layer of legal complexity that businesses must be aware of when managing allergen information.
Timeline for implementation and exemptions for Owen's Law
The timeline for the implementation of Owen's Law remains uncertain. The FSA hopes to see a change in legislation as soon as possible, but this depends on government action and the legislative process. The FSA's public consultation on the draft guidance for allergen information is a crucial step in the process, and the government's response to the consultation findings will likely influence the timeline for implementation.
Conclusion
Owen's Law has the potential to significantly improve food safety for people with allergies in the UK. While it may present operational and financial challenges for foodservice and hospitality organisations, it also offers opportunities to enhance transparency, improve customer service, and build trust.
From the customer's perspective, Owen's Law promises greater transparency and increased safety when dining out. It empowers customers with allergies to make informed choices and reduces the risk of allergic reactions. This could lead to increased confidence when dining out and a more positive overall experience.
However, from the business perspective, Owen's Law presents challenges related to ingredient sourcing, technology adoption, staff training, and menu management.
The FSA's strong support for Owen's Law and its commitment to developing clear guidance demonstrates a proactive approach to addressing this critical issue. However, UKHospitality's emphasis on flexibility highlights the need for a balanced approach that considers the operational realities for foodservice and hospitality businesses.
Overall, Owen's Law is expected to lead up to a "big switch up" for the food industry, with significant changes in how businesses manage and communicate allergen information. While the exact timeline for the implementation remains uncertain, businesses that proactively prepare for the potential changes will be better positioned to comply with the new regulations and contribute to a safer dining environment for all.
