Food Labelling for Catering Establishments

The following labelling requirements from the Food Safety Act 1990 and the Trade Descriptions Act 1968 apply to:

• Food sold by a caterer, which would include food sold from:
  • Takeaways
  • Fish & Chip Shops
  • Sandwich Bars
  • Burger Stalls
  • Restaurants
  • Public Houses
  • Cafes

Labelling requirements

Where food is sold by a catering establishment (as outlined above) no labelling is required with the following exceptions:

• Where a food (or any ingredient in the food) has been irradiated. In such cases it must be labelled with either 'irradiated' or 'treated with ionising radiation'. It is worth checking herbs & spices, soft fruit and shellfish as such foods are the most commonly irradiated.
• Where a food (or any ingredient in the food) contains genetically modified soya or maize this information must be passed on to the consumer.

Use of descriptions

• All descriptions you use (including those in menus, on blackboards, and in adverts) must be accurate.
• Any illustration or verbal description you use must also be accurate.
  Before you write your menu ensure that you look carefully at the label supplied with the products. Be careful not to mislead the customer.

Common problem areas

Fish & Shellfish

• Fish should be described by species (e.g. cod, haddock, and plaice). It cannot simply be described as 'fish and chips'.
• The name 'scampi' can only be used to describe the whole tail variety of the species and cannot be used for formed fish produce. For the latter type of fish 'Reformed scampi' would be a more appropriate name as it gives an indication to the true nature of the food. Most scampi used by caterers is pre-packed therefore read the label carefully. A product with the bold name 'Breaded Scampi' may be further qualified 'Scampi tails chopped and shaped in bread crumbs'.
• Fish sticks, which contain little or no crab, cannot be described as crab.

Meat

• Sandwiches cannot be described as ham if they are made with pork shoulder.
• Cooked or reformed beef cannot be described as roast beef.
• Descriptions such as 'Steak' or 'Gammon' means that you are supplying the unprocessed product, therefore they cannot be used if the packets are labelled 'reformed' 'chopped and shaped' or 'with added water and gelatine.' The menu must differentiate the processed product from the natural food.
• If you use a weight to describe meat, it should be an approximate weight before cooking and may be given in imperial or metric e.g. sirloin steak approx. 8oz.

Other Products

• Products made from cheese substitutes consisting of a blend of dairy and vegetable oil products cannot be described as cheese but as 'cheese flavour' e.g. tomato and cheese flavour pizza.
• Be careful not to misdescribe bread and butter by using margarine or low-fat spread.
• Non-brewed condiment cannot be supplied, whether or not free of charge, described either as 'vinegar' or in a distinctive container which customers may associate with vinegar.
• Desserts cannot be illustrated with fresh fruit when tinned fruit is used.
• The description '(Dairy) Ice Cream' is deemed to indicate the ice cream is made solely with milk fat. If it is not then it must be qualified with the words 'contains non milk fat' or 'contains vegetable fat.' No other information, which could mislead customers as to the type of ice cream, or the manufacturer of ice cream, must be given. Any ice cream sold from bulk that contains additives, must be accompanied by a notice that clearly states that the ice cream may contain additives.
• Chocolate flakes/sprinkles must be made of chocolate.
• The term 'Onion Rings' (which implies a product made from natural onion rings) cannot be used to describe a product made from chopped onion and potato.

Descriptive Terms

• The term 'fresh' should not be used to describe reconstituted or previously frozen products.
• The word 'smoked', e.g. smoked salmon, cannot be used when the product has only had smoke flavouring added. 'Smoke flavour salmon' would then be a better description.
• A meal cannot be described as 'roast' (e.g. Roast Beef) when the product used has been steamed and then flash roasted.
• The term 'home-made' should only be used for food that has been made on the premises and has not been mass-produced elsewhere.
• Care should be taken when referring to the origin of a product.
• Any 'special claims' made in relation to food must be justified e.g. 'suitable for vegetarians.' In particular, care must be taken with cheese and products that may contain gelatine derived from animal bones.
• Take care when using the term 'Nut free.' Nuts can kill. Make sure staff are aware why some people ask about nuts. There are occasions when the presence of nuts or their by-products will not necessarily be apparent from the label. If it is not clear then consider labelling it e.g. "may contain nuts". Check the complete recipe of the products and check with suppliers of the ingredients where possible.

Please Note

This leaflet is not an authoritative interpretation of the law and is intended only for guidance. For further information please contact your local Consumer Protection or Trading Standards office.

Trading Standards Division, 3rd Floor, Wallasey Town Hall, Brighton Street, Wallasey, Wirral CH44 8ED
Telephone: (0151) 691 8020    Fax: (0151) 691 8098
Internet World Wide Web http://www.tradingstandards.gov.uk/wirral/
Electronic Mail: tradingstandards@wirral.gov.uk