Foods that are not prepacked etc. containing an allergenic substance or product etc.
5.—(1) A food business operator who offers for sale a relevant food to which this regulation applies may provide the particulars specified in Article 9(1)(c) in relation to that food in any manner that they choose, including, subject to paragraph (3), orally.
(2) This regulation applies to a relevant food that is offered for sale to the final consumer or to a mass caterer otherwise than by means of distance communication and that is—
(a)not prepacked;
(b)packed on the operator’s premises at the consumer’s request; or
(c)prepacked for direct sale.
(3) Where a food business operator intends to provide the particulars specified in Article 9(1)(c) relating to a relevant food orally, they must indicate that details of the Annex II substance or product used as an ingredient or processing aid in the manufacture or preparation of the food, or derived from such a substance or product, can be obtained by asking a member of staff.
(4) The indication mentioned in paragraph (3) must be given—
(a)on a label attached to the food; or
(b)on a notice, menu, ticket or label that is readily discernible by an intending purchaser at the place where they choose that food.
(5) In relation to a relevant food to which this regulation applies, the Article 9(1)(c) particulars provided by a food business operator must be provided with a clear reference to the name of the substance or product listed in Annex II where—
(a)the relevant ingredient or processing aid is derived from a substance or product listed in Annex II; and
(b)the particulars are made available otherwise than by means provided in FIC.
(6) In this regulation “relevant food” means a food in which an ingredient or processing aid listed in Annex II, or derived from a substance or product listed in Annex II, has been used in its manufacture or preparation and that is still present in the finished product (even if in an altered form).