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Widespread allergen failures at takeaways in Devon, Somerset and Torbay

We’re urging residents with food allergies to take extra care when ordering takeaway meals from curry houses after 78 per cent of food outlets tested by Trading Standards failed allergen tests.

Of the 37 businesses sampled from across Devon, Somerset and Torbay 29 sold food containing milk even though the customer declared that they had a milk allergy.

And in Devon 80 per cent – 16 out of 20 – failed, with ten out of 12 failing in Somerset and three out of five in Torbay.

Between January and March this year Trading Standards officers purchased the takeaway meals from a mixture of takeaways and restaurants across Devon, Somerset and Torbay to test businesses’ allergen management systems.

Businesses were selected using intelligence from Local Authority Environmental Health Officers.

Samples of meals sold as being suitable for customers with a milk allergy were tested and most contained milk.

The findings has prompted our Heart of the South West Trading Standards to remind customers that they should tell staff about any allergy they have before ordering, and that they should ask staff about hidden ingredients and possible cross-contamination.  

Our officer’s advice is not to rely on menus or websites, as recipes and ingredients can change.

Customers should also be aware that vegan food is not always dairy-free and can still contain traces of milk.

Food catering businesses have a legal obligation to take all reasonable steps to ensure the food they supply is safe and not misleading.

Using chicken that had been marinated in dairy products, cross-contamination, and ‘may contain’ statements on herbs and spices, were found to the be top three possible causes of the failures.

Trading Standards and Environmental Health Officers have been working closely with these businesses to help them improve their allergen management systems.

If a restaurant or takeaway food business is unable to ensure meals are free of a specific allergen, they should explain that they are unable to guarantee that a meal will not contain specific allergens, and for their safety politely decline to serve the customer.  Restaurants and food establishments must provide accurate information on any allergenic ingredients on request.

Written recipes, allergen matrix documents, labelling and storing allergenic ingredients separately are all steps that can help control allergens in food.

Before ordering prepared foods from a business, it is vital that customers clearly communicate if they have an allergy.

Check and check again to ensure the food you are ordering is allergy safe.

Catering business owners should be displaying a notice that advises customers to ask about allergens when ordering. 

Councillor Simon Clist, Devon County Council’s Cabinet Member for Trading Standards, said:

“These results are extremely concerning. People with food allergies rely on businesses to give them accurate information and to make sure the food they are served is safe.

“We want to support food businesses to get this right, but they must take their responsibilities seriously. If a business cannot be certain that a dish is free from a specific allergen, it should be clear with the customer and refuse service rather than risk someone’s health.”

Fakir Mohamed Osman, Assistant Director – Regulatory Services, said:

“At Heart of the South West Trading Standards we aim to protect consumers from harm by raising awareness of the risk of hidden allergens. We also work hard to support our businesses to improve their allergen management systems, but allergy risks are taken very seriously and can result in formal enforcement action.

“We encourage any business that is unsure of their legal obligations to seek professional advice without delay. Further information on the advice services we offer is available on our website.”

Premises were sampled from every district across Devon, Somerset and Torbay using intelligence from Environmental Health officers.

Top tips to help keep customers with allergies safe when ordering food:

 1) Always ask about allergens before placing an order to check for hidden allergenic ingredients from cross contamination or ‘May Contain’ statements on ingredient labels

2) Never rely solely on allergen information on menus or websites as this information can quickly become out of date if a recipe changes or ingredients are substituted

3) Always tell the business if you have an allergy so they can take extra care with your order

4) Do not assume that vegan food is dairy-free as it could contain traces of milk

5) Check the food hygiene rating for the business online here as the control of allergens is included in food hygiene inspections – 

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