New allergen legislation

**KateA** · 25-11-2014, 04:14 PM

hi I have written my policy and a letter to give to parents asking them to advise on any allergens in the food they provide. My question is do I need to keep a record of this? I don't provide any food myself. One of my clients never fills in the parent comments of daily dairy so not excepting them to provide this information either .

Would I need to provide this information for Ofsted? how are you recording this information ?

**tulip0803** · 25-11-2014, 04:33 PM

I went on a food safety course on the weekend and they covered this in the course - it is only food that you provide that you have to have the allergy info on so if you provide toast you need to look at the bread for the allergens and record it ( although he did say it is on the packet and that is enough for a food inspection as if they asked you can show). You don't need to ask the parents unless you are sharing the food between the mindees. If parents are providing the food for their own LOs you do not need them to give you allergen info.

You also need to record for cooking activities such as cakes, biscuits and bread.

**KateA** · 25-11-2014, 05:22 PM

Originally Posted by tulip0803

I went on a food safety course on the weekend and they covered this in the course - it is only food that you provide that you have to have the allergy info on so if you provide toast you need to look at the bread for the allergens and record it ( although he did say it is on the packet and that is enough for a food inspection as if they asked you can show). You don't need to ask the parents unless you are sharing the food between the mindees. If parents are providing the food for their own LOs you do not need them to give you allergen info.

You also need to record for cooking activities such as cakes, biscuits and bread.

Hi great thanks for advise, you also reminded me I have an online allergen course to do x

**k1rstie** · 25-11-2014, 06:03 PM

I think you should also record for homemade play dough, any activity involving bird seed.

Do you get a snack at any groups?

**moggy** · 25-11-2014, 06:49 PM

EYFS 3.47- you already need to be informed by parents about any allergies, it is part of the EYFS and has been for years.

This new allergens regulation is nothing new for us- EYFS covers this already.

You may not provide food but need to be aware and have record of allergen for: any medial emergency/messy play/treats given out somewhere/if child picks up someone else's food by mistake/treats on days out etc etc.

**KateA** · 25-11-2014, 10:01 PM

Originally Posted by moggy

EYFS 3.47- you already need to be informed by parents about any allergies, it is part of the EYFS and has been for years.

This new allergens regulation is nothing new for us- EYFS covers this already.

You may not provide food but need to be aware and have record of allergen for: any medial emergency/messy play/treats given out somewhere/if child picks up someone else's food by mistake/treats on days out etc etc.

Cool yep already do this .

Simona · 26-11-2014, 09:50 AM

We also need to be aware that parents may give a child something with an allergen and the child can have a reaction in our setting...whether we offer food or not.

This legislation also means sharing information with parents...not just giving them a leaflet

**redtiger21** · 29-11-2014, 07:26 AM

Gosh, I hadn't thought about home made play dough and messy play! Good point, thanks everyone!

I'm a food provider, so what I'm doing is a menu of any possible food or drink I might give for snack or meal, noted the allergens in it all, and am giving this to each parent, together with the FSA factsheet about allergens, a letter explaining what's happening, and a form for them to return to me just re-confirming their knowledge of any food allergies or intolerances their child has, and agreeing to keep me informed if any develop. Took a while but that should work well hopefully. I've said that anything the children may occasionally have that's not on the menu (which will now include messy play etc!), will be noted in daily diaries with the allergens written down there. Do I literally need to write the allergens in the home made play dough every time they use it?? That's most days!

Simona · 29-11-2014, 10:04 AM

The EYFS )p26) is clear about what we do for those children who we know have known allergies and we avoid given them any allergens that cause the reaction
At the moment we do not list the allergens given to other children but this changes in Dec 2014 so EYFS will need to be updated

This new legislation is about any allergens we use regardless of whether children have known allergies...that's my interpretation

**tulip0803** · 29-11-2014, 10:22 AM

Originally Posted by Simona

The EYFS )p26) is clear about what we do for those children who we know have known allergies and we avoid given them any allergens that cause the reaction
At the moment we do not list the allergens given to other children but this changes in Dec 2014 so EYFS will need to be updated

This new legislation is about any allergens we use regardless of whether children have known allergies...that's my interpretation

agree with you - it is to do with running a food business rather than a childminding business. As registered food providers we have to be able to supply the allergens in the food we provide/cook/(play with) should we be asked. This is more likely to be a food inspector than a childminding inspector at the minute but we have to conform to food business legislation too.

**moggy** · 29-11-2014, 10:47 AM

Originally Posted by Simona

The EYFS )p26) is clear about what we do for those children who we know have known allergies and we avoid given them any allergens that cause the reaction
At the moment we do not list the allergens given to other children but this changes in Dec 2014 so EYFS will need to be updated

This new legislation is about any allergens we use regardless of whether children have known allergies...that's my interpretation

Mmmm, interesting, I disagree that the EYFS will have to change to include the new allergen info rules (EU FIC). It is a Food Standards Agency issue, enforced through the LA Env Health Service, nothing to do with the DofE. The EYFS does not repeat other Food Standard requirements so why should it this? The EYFS needs to be seen and followed alongside all the other pieces of UK legislation that apply to us, IMO. For example, EYFS does not specify the ICO data-protection requirements.

And I will continue to argue against the belief that we need to be blanket listing allergens in everything for everyone. I feel Pacey are misleading on this in their factsheet (anything to do with selling their new helpful allergen stickers? I wonder...)

I find this part useful, from: 'Allergen information
for loose foods
Advice on the new Food Information Regulations
for small and medium food businesses'

IMPORTANT Customers must play their part. Where a business says, on a signpost, that allergy information can be obtained by talking to staff, the customer also has a responsibility to ask for information and relay their dietary needs to the person providing the food.

My 'signpost' is my Food and Drink Policy. If I am asked I can tell the parent what allergens the child has eaten, using my weekly menu (although I keep it vague and simple) and child's daily diary of what eaten (more accurate), my knowledge of what I use in my cooking/activities, packet labels in my cupboard and ingredients also can be checked via my food shop receipts I keep.

Sarah also refers to this method in her guidance sheet on the subject from 09-2014 (middle of page 3).

Simona · 29-11-2014, 11:05 AM

Originally Posted by moggy

Mmmm, interesting, I disagree that the EYFS will have to change to include the new allergen info rules (EU FIC). It is a Food Standards Agency issue, enforced through the LA Env Health Service, nothing to do with the DofE. The EYFS does not repeat other Food Standard requirements so why should it this? The EYFS needs to be seen and followed alongside all the other pieces of UK legislation that apply to us, IMO. For example, EYFS does not specify the ICO data-protection requirements.

And I will continue to argue against the belief that we need to be blanket listing allergens in everything for everyone. I feel Pacey are misleading on this in their factsheet (anything to do with selling their new helpful allergen stickers? I wonder...)

I find this part useful, from: 'Allergen information
for loose foods
Advice on the new Food Information Regulations
for small and medium food businesses'

IMPORTANT Customers must play their part. Where a business says, on a signpost, that allergy information can be obtained by talking to staff, the customer also has a responsibility to ask for information and relay their dietary needs to the person providing the food.

My 'signpost' is my Food and Drink Policy. If I am asked I can tell the parent what allergens the child has eaten, using my weekly menu (although I keep it vague and simple) and child's daily diary of what eaten (more accurate), my knowledge of what I use in my cooking/activities, packet labels in my cupboard and ingredients also can be checked via my food shop receipts I keep.

Sarah also refers to this method in her guidance sheet on the subject from 09-2014 (middle of page 3).

There is a lot of info out there at the moment and lots of advice...are Pacey really selling stickers? dear me.

I feel the EYFS has to reflect any legislation that we need to implement in daily practice...my worry it is not clear enough which in turns means so much different advice and individual interpretation
The policies we produce should mention the legislation we adhere to
The reason I liked EYFS 2008 is that it was clear unlike the current abridged DfE edu speak version

The ICO is not mentioned specifically but the Data Protection Act 1998 is...that would lead us to the requirement to register with ICO and fee payable? something we need to be clear to our parents is that we comply to that and pay dearly for it....as they should when they deal with confidentiality about our settings.

I believe there will be a few webinars and other online opportunities to get ourselves updated

What annoys me the most is that everything is left open for us to decide and causes lots of confusion....lets see what the updated EYFS...when it comes out...will say.

**moggy** · 29-11-2014, 11:21 AM

Originally Posted by Simona

There is a lot of info out there at the moment and lots of advice...are Pacey really selling stickers? dear me.

I feel the EYFS has to reflect any legislation that we need to implement in daily practice...my worry it is not clear enough which in turns means so much different advice and individual interpretation
The policies we produce should mention the legislation we adhere to
The reason I liked EYFS 2008 is that it was clear unlike the current abridged DfE edu speak version

The ICO is not mentioned specifically but the Data Protection Act 1998 is...that would lead us to the requirement to register with ICO and fee payable? something we need to be clear to our parents is that we comply to that and pay dearly for it....as they should when they deal with confidentiality about our settings.

I believe there will be a few webinars and other online opportunities to get ourselves updated

What annoys me the most is that everything is left open for us to decide and causes lots of confusion....lets see what the updated EYFS...when it comes out...will say.

Yes, so much confusion- when a local CM asked our LA Env Health what they were expecting from CMers they could not give a clear answer, basically said no need to do anything new and just be aware of allergies the children have. They are more concerned about restaurants, they haven't thought about how CM might be effected (we are such a tiny, tiny proportion of the food providers they need to deal with).

Pacey stickers... oh yes, can you believe it?! £13.98 + postage for non-members!! I was livid...!! Simply fuelling the confusion and fear of the new legislation.
http://www.shop.**************/shop/..._Stickers.html

Simona · 29-11-2014, 12:12 PM

Originally Posted by moggy

Yes, so much confusion- when a local CM asked our LA Env Health what they were expecting from CMers they could not give a clear answer, basically said no need to do anything new and just be aware of allergies the children have. They are more concerned about restaurants, they haven't thought about how CM might be effected (we are such a tiny, tiny proportion of the food providers they need to deal with).

Pacey stickers... oh yes, can you believe it?! £13.98 + postage for non-members!! I was livid...!! Simply fuelling the confusion and fear of the new legislation.
http://www.shop.**************/shop/..._Stickers.html

Sorry Moggy...but what do CMs do with these stickers?
not seen them so I cannot be sure ...don't tell me you put them on a child saying 'I am allergic to'...or please avoid that allergen when I am cared for?
£13.98 is a bit steep...how many in a packet?

My feeling is that unless we get direct guidance on what to do we will have LAs 152 variations and then ...ultimately the inspector on the day will decide according to her interpretation
We need to break this cycle of contradictory information...mind you the LAs are probably as fed as us with keeping up with changes as we are.

**Lal** · 29-11-2014, 12:37 PM

This page:

Resources for allergen information | food.gov.uk

has posters, tick charts and recipe cards you can download for free. You do have to resize them to print on A4, but they provide a simple way of providing information to parents. It also has images you can download, a poster etc

I will keep the information in a folder and ensure parents know the information is accessible to them. I tend to provide meals on rotation anyway, so once I have completed the information once, it is then a case of checking it is up to date (e.g. if the ingredients in the bread I buy changes to suddenly include a different allergen).
There is also a free course on the food.gov website which I haven't done yet but plan to.

**loocyloo** · 29-11-2014, 08:41 PM

Originally Posted by moggy

IMPORTANT Customers must play their part. Where a business says, on a signpost, that allergy information can be obtained by talking to staff, the customer also has a responsibility to ask for information and relay their dietary needs to the person providing the food.

My 'signpost' is my Food and Drink Policy. If I am asked I can tell the parent what allergens the child has eaten, using my weekly menu (although I keep it vague and simple) and child's daily diary of what eaten (more accurate), my knowledge of what I use in my cooking/activities, packet labels in my cupboard and ingredients also can be checked via my food shop receipts I keep.

My signpost is the same ... my food and drink policy.