Mandatory allergen reporting: legislation changes

A food allergy occurs when a person's immune system reacts to allergens in food. 

Most food allergies in Australia and New Zealand are caused by nuts, milk, eggs, sesame seeds, fish, crustaceans, molluscs, soy, lupin and wheat. These must be declared on the food label, whenever they are present in food as ingredients (or as components of food additives or processing aids), however small the amounts present.

Allergen reporting in Australia is strictly governed by the Food Standards Australia New Zealand (FSANZ) through the Food Standards Code.

On 25 February 2021 the Australia New Zealand Food Standards Code was amended to introduce new requirements for the labelling of allergens in food. A ‘grace’ period was established with effect from the 25th February 2024 to the 25th February 2026 to allow for a sell-through window for old-labelled stock. The full code was formally in effect from the 25th February 2026.

The changes will make allergen information on food labels clearer and more consistent for food-allergic consumers with the new code including significant new "Plain English" requirements for Mandatory Allergen Declarations. Food businesses must declare the presence of specific high-risk allergens. Under the Plain English Allergen Labelling (PEAL) laws, these must be listed in a specific format: 

• Required format: Allergens must be printed in bold font in the ingredients list and also listed in a separate "contains" summary statement.
• Specific names: Plain English names must be used (e.g., "barley" instead of "cereal").
• Transition period: While PEAL was introduced in 2021, products packaged before 25th February 2024 were able to still be sold with old labelling until 25th February 2026. This transition period has now ceased.
• Priority allergens Must be declared regardless of amount:
• Nuts: Peanuts and individual tree nuts (almond, brazil nut, cashew, hazelnut, macadamia, pecan, pine nut, pistachio, walnut).
• Others: Milk, egg, fish, crustacea, mollusc, sesame seeds, soybeans, lupin, and added sulphites (if ≥10mg/kg).
• Cereals: Wheat, barley, oats, rye (and gluten if present).

There is also now heightened legislation in relation to recall reporting with all recalls now required to be reported via the FSANZ who now publicly report these for all current food recalls, including those for undeclared allergens.

These changes highlight the need for food businesses to consider the benefits of contaminated products insurance and how it can provide protection for a business should a product recall occur. Contaminated products insurance can provide an additional level of protection in the event that a business’s products are recalled by a government authority due to improper labelling or allergen contamination. Contaminated products insurance can provide cover for these losses including recall costs, incident management costs and cover for loss gross profit.

Should you require further information on this or wish to speak further in relation to contaminated products insurance, please reach out to your Howden representative to assist.

Further information can be found at: Australia New Zealand Food Standards Code.