Food Labelling and Allergy-Related Deaths

Melanie Onn Excerpts

Tuesday 9th October 2018 Commons Chamber

[Melanie Onn (Great Grimsby) (Lab) (Urgent Question)]

To ask the Secretary of State for Environment, Food and Rural Affairs what action he is taking to improve the quality of UK food labelling to prevent further allergy-related deaths.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

rose—

[David Rutley]

First, I want to say how deeply upsetting the deaths of Celia Marsh and Natasha Ednan-Laperouse are and that my heart goes out to the families, friends and loved ones affected by those tragedies. This House will appreciate that investigations into Celia Marsh’s death are ongoing and it would be inappropriate for Ministers to make further comment on this particular incident at this stage. However, Members should be in no doubt about how seriously we take these issues. It is essential that all UK consumers have complete trust in the food they are eating.

Current food labelling law is set out in the EU’s food information to consumers legislation. This legislation includes a list of 14 allergens, including milk and sesame, which are legally considered to be mandatory information that must be available to consumers. The regulations currently allow for some flexibility at a national level as to how this information is provided on food that is not pre-packed and food which is “pre-packed for direct sale”. The former includes products such as loose cookies or sandwiches which are prepared and wrapped directly for the consumer. The latter category—“pre-packed for direct sale”—includes products such as freshly prepared sandwiches made on site, as compared with packaged food such as a chocolate bar or ready meal that we might find in a supermarket.

I must make it absolutely clear that, under the current regulations, information must be made available to the consumer in all cases. However, whereas packaged food must include all allergens in bold in the ingredients list, information about non pre-packed food, such as pre-packed food for direct sale, can be made available by any means the operator chooses, including the use of clear signs indicating that the customer should speak to a member of staff who will provide the information orally.

As the Secretary of State announced at the start of this year, we have been looking at developing new approaches to food labelling to ensure that consumers have the information they need. The death of Natasha has shone a harsh spotlight on the issue of allergen labelling in particular and whether the current framework is still suitable. Natasha’s parents have made a powerful case for change, and I am sure the whole House will join me in paying tribute to the tremendous grace and strength they have shown in these particularly challenging circumstances.

The Secretary of State has asked the Department for urgent advice on how we can strengthen the current allergen labelling framework. That review is under way, and DEFRA is working closely with the Food Standards Agency and the Department for Health and Social Care. This morning we received the coroner’s report into Natasha’s death and we will study it very carefully as part of that review. Tomorrow, DEFRA will be holding talks with the devolved Administrations to see what approach they may wish to take, as this is a devolved matter.

We take this issue very seriously. I assure Members that we are working at pace to review the current rules and will set out our proposed way forward as soon as possible.

[Melanie Onn]

I am grateful to you, Mr Speaker, for allowing this urgent question. The Minister is absolutely right: it is the tragic cases of 15-year-old Natasha Ednan-Laperouse and Celia Marsh that have thrown into sharp focus the common practices used by high-street convenience food providers to avoid doing all in their power to ensure their customers are safe. The Minister says the Government are taking this very seriously, but if that were the case surely the Secretary of State would be here to respond to the urgent question.

For years, this situation has been defended by the Government, who have said that tighter definition around, for example, regulation 5 of the food information regulations would be damaging to small business. But when did the Minister last review food label standards, and, given that regulations are supposed to be the bare minimum expected of companies, what have the Government done to make clear their expectations of food providers? The Minister referred to the expectation that, where there is signage, staff would be asked by customers whether there were any products with allergens, but how does he know whether those staff have been properly trained? Does he still think that signposting is sufficient as notice of potential allergy risks?

Have the Minister or the Secretary of State ever told larger companies that the expectations of Government are higher for them, given their vast customer base and extensive resources? Pret now says that it will include full ingredient labelling on all products—so they can do this when they want to. Must it always take a tragedy to effect meaningful change from this Government? Has the Secretary of State ever put this case across when in meetings with representatives of the sector?

Earlier in the year the Secretary of State spoke of “gold standard” food labelling but failed to mention allergies. Do he or his Department regret putting off a review of food labelling until after Brexit? If the Department introduces new legislation as recommended by the coroner in this inquest, will he also be ensuring that the Food Standards Agency is adequately resourced to make preventive checks in advance of another fatal incident occurring? Finally, does the Minister agree that, with food allergies seemingly on the rise, improved labelling, regulations around labelling and broader education about food allergies need to be put to the top of his “to do” list?