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What is Owen's Law?

Like Natasha's Law that precedes it, Owen's Law is a proposed new legislation that has come about following a tragic allergic reaction suffered by a young person. Following Owen Carey's death in 2017, his parents have campaigned for better written communications of allergens on restaurant menus; Owen tragically died after eating a burger that contained buttermilk, despite making restaurant staff aware of his dairy allergy.  At the time of writing, Owen's Law is still in development - we look below at progress that has been made so far, and what the proposed new law may mean to the food industry.

What are the details of Owen's Law?

The Owen’s Law campaign calls for a series of changes, most significantly that allergy information must be included on menus in all food outlets, including restaurants and cafes, in the UK. As it currently stands, food outlets do not have to include written allergy information on their menus, although this is advised.

The other changes proposed by the campaign include:

  • All food outlets should put appropriate and accurate allergen information in writing, at the point of ordering, without the customer having to ask.
  • Food outlets should initiate a discussion with every customer about allergies, on all occasions
  • Food outlets should train their staff in allergy safety, particularly in fast food and high staff turnover environments.
  • A proper recording and a national register of anaphylaxis related deaths should be established.

Owen's parents have also suggested the development of several easy-to-use tech solutions, including accessible online allergen matrices, a smartphone app, and a personal QR code for allergy sufferers that allows quick and easy access to their allergy information.

This legislation should make dining out a less fraught and hazardous experience for the UK’s approximately two million food allergy sufferers.

Has Owen's Law been passed?

Owen's Law has not yet been passed - below is a timeline of the campaign's progress so far...

January 2020 Joint response to coroner's report issued by FSA, DEFRA and DHSC
April 2021 The Owen's Law campaign is launched
May 2023 Petition debated in Parliament
December 2023 Formal support received from the FSA, followed later by recommendation that the government adopts legislative changes proposed by the campaign*
October 2024 The FSA launches a consultation to food businesses, consumers and local authorities to share their views on the proposed changes
November 2024 Consultation closed
Next steps We await the FSA's publication of findings from the public consultation, and subsequent steps to define and pass into statute

What are the challenges for food businesses?

The fundamental basis for Owen's Law is to bring about more effective allergen communication in food outlets, from supply, through production, to delivery to the consumer. In food outlets where menu items and ingredients remain the same for a period of time (e.g. chain restaurants), Owen's Law may not be too difficult to implement. However, in more dynamic operations where the menu may change from day to day, and ingredients are very dependent on available supply, seasonality etc., this law represents a potential challenge which will need to be embraced and solved. Communications with suppliers will become increasingly important, as menus will need to reflect ingredients with 100% accuracy, even if a last-minute substitution has been made.

However, the Republic of Ireland already have similar laws to those that have been proposed, and adherence in ROI has shown that these measures can be achieved and work effectively. With good support, sharing of best practice and dedication, the UK food industry can improve safety for allergy sufferers.

In anticipation of the new legislation, it has been recommended that food businesses review their allergen policies and procedures. The Safer Food Group offers two options for food allergy training courses. Level 2 Allergy Awareness is suitable for all food handlers, and explains the fundamentals of food allergies and the key steps to creating safe food for allergy sufferers. Level 3 Allergy Supervisor course explains your legal responsibilities as a food business, and details how to undertake an allergens risk assessment and put the correct processes, procedures and communications in place.

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