Regulatory options and consequences of incorrect allergen statements

Allergens remain one of the most common sources of risk for food businesses who fail to properly manage allergen contamination and properly declare the presence of allergens. Under the Australia New Zealand Food Standards Code (Food Standards Code) and various State and Territory Food Acts, businesses have clear responsibilities to provide accurate information about allergens and to ensure that food is safe for consumers. Failure to meet these obligations exposes a business to serious consequences, including fines, criminal prosecution, recalls and loss of customer trust. This article discusses the legal obligations for non-compliance with different parts of the Food Standards Code and the State and Territory Food Acts with regard to allergens.