Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, if he will bring forward legislative proposals to require a food producer, shop or supermarket to immediately inform the Food Standards Agency if a food they have made or sold has resulted in a serious allergic reaction by a customer.

Under Article 19 of Regulation (EC) 178/2002, food businesses have a legal responsibility to immediately withdraw and/or recall their food if it is not in compliance with food safety requirements and to notify the relevant local authority. Local authorities are responsible for enforcement of the requirements on provision of information on allergens.

Food businesses must also immediately inform the local authority if it considers or has reason to believe that a food which it has placed on the market may be injurious to human health. The Food Standards Agency is not the enforcing authority for these incidents and therefore does not need to be informed directly by the food business.

There is a requirement in the statutory Food Law Code of Practice for local authorities to notify the Food Standards Agency of a serious localised food hazard which includes hospitalisation or death as a result of allergens.