Analytical Report - Sweet & flour confectionary - nut allergy

Introduction

Allergic reactions can be triggered by many different foods.  Most common are nuts namely peanuts and tree nuts. The symptoms of an allergic reaction can range from a reaction such as tingling of the lips, swelling of throat and mouth, to more severe reactions which can result in death.  Tree nuts may be present in many foods either directly as an ingredient or from contamination with other foods during processing and manufacture.  

Legislation has been brought in to ensure the presence of any of 12 (soon to be 14) of the most common food allergens are declared when used as ingredients in food products. The presence must be indicated only on pre-packed foods so food sold loose or for direct sale i.e. packed on the premises where it is sold are not required to declare any allergens. The declaration must be given either in the name of the food e.g. strawberry cheesecake with a biscuit and hazelnut base, in the ingredients list or in a separate allergen information box. The regulations also require those ingredients that have been derived from one of the prescribed allergenic sources to be indicated, although there are a few exempt derived ingredients. 

Phrases such as “may contain nuts” and “produced in a factory which handles nuts” are used sometimes by manufacturers. These statements are used when the product does not contain the allergen as an ingredient but there is concern that the product may have been contaminated with the allergen. Although of some use to generic nut allergy sufferers these phrases could not be deemed totally helpful to those individuals with a specific nut allergy.  For instance a hazelnut allergy sufferer who can safely consume peanuts, phrases such as “may contain nuts” can alert them to a potential hazard but could also restrict their choice even if the food had not been in contact with peanuts. 

Since the implementation of statutory allergenic information on trade labels there have been many product recall notices regarding foods that have been found to contain undeclared allergenic ingredients e.g. chocolate and chocolate products containing small traces of hazelnut.  The level of hazelnut was not deemed to be at a level which was consistent with hazelnut being intentionally added as an ingredient nor did the ingredient listings for these products claim to contain hazelnut as an ingredient, rather the level suggests contamination at manufacture.  

Almonds and Hazelnuts are tree nuts and are prescribed allergens and hence their presence in prepacked food must be indicated on the trade label.  The aim of the survey was to check for the presence of hazelnut and almond in confectionary products.

A total of 96 samples  (22 sweet confectionary and 74 flour confectionary) were submitted for analysis by five trading standards authorities including Kent Trading Standards.

Summary

One sample was found to contain a very small trace of hazelnut. The level found was at the limit of detection for the analytical method used.

One sample was found to contain a significant amount of almond. This was produced for direct sale and did not therefore have to bear an ingredients list. It was therefore not possible to evaluate if almond had been intentionally added as an ingredient of the food.  The requirement to declare allergens does not apply to foods sold prepacked for direct sale.

Another sample was found to contain a trace amount of almond 11mg/kg.  This level of almond is not consistent with almond nuts being added intentionally as an ingredient of the food. Again this sample was prepacked for direct sale and did not therefore require an accompanying ingredients list or allergen declaration. However, a voluntary ingredient list was given. This did not indicate the presence of almonds, however it did declare the presence of flavouring and it may be that the flavouring was the source of almond.

None of the sample labels bore “may contain” statements and only one sample bore a statement indicating that the product had been produced in a nut environment. This sample was not found to contain traces of almond nor hazelnut.  One product label bore a reference to traces of hazelnut, however no traces of hazelnut were detected in the sample.  Only one sample bore a positive statement as to the absence of nuts, “nut free” and neither hazelnut or almond was detected. 

This survey suggests that contamination of confectionery products with almond or hazelnut is not a significant problem with those products prepacked for normal retail sale.  However, for confectionery products produced for direct sale this survey has shown that they can contain almond and/or hazelnut. The present exemption for the requirement to indicate an ingredients list or declare allergens when produced for direct sale means that allergy sufferers need to exercise caution when considering purchasing in such situations.

Report date: January 2008