When Food Must Be Labelled and When It's Exempt

In Australia, food packaged and offered for retail sale generally needs a full label carrying the information set out in the Food Standards Code. Food that is unpackaged, made or packaged in front of the customer, or sold for immediate consumption is often exempt from the full label, but key details, especially allergen information, must still be provided on request. Exemptions never remove the duty to give accurate, honest information. Key takeaways: Food packaged and offered for retail sale usually needs a full label; unpackaged and made-to-order food is often exempt from parts of it.. An exemption from full labelling does not exempt you from providing accurate information, and allergen details must always be available.. Plain English Allergen Labelling (PEAL) under Standard 1.2.3 applies to declared allergens regardless of whether a food is packaged or sold loose.. Exempt foods must still be truthful, not misleading, and free of false claims about their nature, quality or origin.. When you are unsure whether a food needs a full label, treat the Food Standards Code as the source of truth and confirm the detail for your product.. The starting point: most retail-packaged food needs a label The Australia New Zealand Food Standards Code sets out when a food for sale must carry a label and what that label must contain. The general rule is that food packaged and offered for retail sale needs a full label so the consumer can make an informed choice at the point of purchase. A full label brings together several pieces of prescribed information in one place. This lets a shopper check what the product is, who made it, how long it keeps and whether it contains anything they need to avoid, without having to ask a staff member. Because the label is the primary way the buyer learns about the food, the Code treats labelling as a core food-safety and consumer-protection control, not just marketing. Getting it right is part of running a compliant food business. What a full label generally must carry When a food does require a full label, the Code prescribes a defined set of information. The exact detail depends on the product, but the common elements are consistent across most packaged retail foods. These elements work together: the name and ingredient list describe the food, the date mark and storage directions protect safety, and the allergen and nutrition information support health decisions. Missing any required element can make an otherwise safe product non-compliant. The name or description of the food. An ingredient list, usually in descending order by weight. Declaration of any allergens present, in plain English. A date mark such as a use-by or best-before date. Storage and, where needed, directions for use. Lot or batch identification to support recalls. Name and business address of the supplier in Australia or New Zealand. Nutrition information and, where relevant, a country-of-origin statement and characterising-ingredient percentage. When food is exempt from the full label The Code recognises that a full printed label is not practical or necessary for every sale. Several categories of food are exempt from some or all of the standard labelling requirements, most commonly because the customer can see the food or speak to the seller directly. Common exempt situations include food that is not in a package, food made and packaged on the premises where it is sold, food packaged in the presence of the customer, and food sold for immediate consumption such as a meal served in a cafe or restaurant. Food delivered ready to eat, and items like whole fresh fruit and vegetables, may also fall outside full labelling. An exemption is specific to the situation, not a blanket pass. The same food can need a full label in one setting, such as a sealed pack on a supermarket shelf, and be exempt in another, such as the same item made to order at the counter. Exempt does not mean information-free Being exempt from the full label never removes the duty to give the consumer accurate information. The Code and fair-trading law both require that food is not sold in a way that is false, misleading or deceptive about its nature, quality, origin or contents. Most importantly, allergen information must always be available. Where a food is exempt from bearing a full label, the required allergen declaration must still be provided, either displayed with the food or supplied to the customer on request. Staff should be able to answer allergen questions accurately for every item they sell. Some information must also be displayed even for unpackaged food, for example certain warning and advisory statements, and any mandatory declarations that apply to the specific product. Treat the customer's right to know as the constant across every selling format. Made-to-order and unpackaged food in practice For cafes, takeaways, bakeries, delis and market stalls, most food is prepared to order or sold loose, so full per-item labels are usually not required. The practical obligation shifts to displaying key details near the food and training staff to answer questions correctly. A reliable approach is to keep a written allergen and ingredient reference for every menu item and made-in-store product, kept up to date whenever a recipe or supplier changes. This lets any team member give a consistent, accurate answer rather than guessing, which is where allergen incidents commonly begin. Where you portion or pre-pack items in advance for self-service, such as sandwiches in a chiller, the exemption may no longer apply because the customer is not present when the food is packaged. In those cases a fuller label, including the plain-English allergen declaration, is generally expected. Allergen declarations apply either way Allergen labelling deserves separate attention because it cuts across the packaged-versus-unpackaged divide. Plain English Allergen Labelling (PEAL) under Standard 1.2.3 sets out how declared allergens must be named, using specified, consistent terms so consumers can identify them quickly. The declared allergen list covers the priority allergens that must be declared when present, however the food is sold. For packaged food this means a clear allergen statement on the label; for exempt and unpackaged food it means the same information is displayed or provided on request in the same plain-English terms. Because allergic reactions can be severe, allergen accuracy is not an area to improvise. Verify allergens against supplier specifications, control cross-contact in the kitchen, and update your allergen records whenever an ingredient is substituted, even temporarily. How to decide whether your food needs a full label Start by asking how the food reaches the customer. If it is packaged and offered for retail sale off the shelf, plan for a full label. If it is unpackaged, made to order, packaged in front of the customer, or served for immediate consumption, a labelling exemption may apply, but confirm it against the food you actually sell. Whatever the format, build in the information that always applies: honest description, correct allergen declaration, and no misleading claims. These obligations do not disappear with an exemption, so bake them into your menus, displays and staff training from the start. Labelling detail can turn on the specifics of a product, so use the Food Standards Code as your source of truth and check the exact requirement for your item rather than relying on what a similar business does. When in doubt, label more fully rather than less. Checklist: Identify how each product is sold: packaged for retail, unpackaged, made to order, or for immediate consumption.. For packaged retail food, confirm every prescribed label element is present and accurate.. Confirm the plain-English allergen declaration is on the label or available for exempt and unpackaged food.. Keep an up-to-date allergen and ingredient reference for all made-in-store and menu items.. Check that no claim about the food's nature, quality or origin is false or misleading.. Re-check labelling and allergen records whenever a recipe or supplier changes.. Verify the exact requirement for borderline products against the Food Standards Code.. Common mistakes: Assuming an exemption from the full label also exempts you from providing allergen information.. Pre-packing self-service items in advance and treating them as if packaged in front of the customer.. Relying on staff memory instead of a written, current allergen reference.. Copying a competitor's labelling instead of confirming the requirement for your own product.. Forgetting to update labels or allergen records after a temporary ingredient substitution.. Using vague or inconsistent allergen wording rather than the plain-English terms required under PEAL..