Jersey to debate food allergen laws next year

Food allergen laws have existed in the UK for several years. (38998568)

MUCH-DELAYED allergen-labelling laws for Jersey hospitality businesses and other food providers are finally due to be debated in the States Assembly next year.

Environment Minister Steve Luce provided the detailed timeframe for the regulations in a written response to Deputy Catherine Curtis, who has been pursuing ministers about the issue for months.

However, Dominic Jones and Neva Richardson, members of the recently formed Jersey Food Allergy Group, have criticised how long it has taken to bring the legislation to the Assembly.

The Islanders, both of whom are parents of children who have severe allergies, have told the JEP of their “disappointment” that the regulations have not been advanced yet, despite government promises over the past two years.

Deputy Luce, however, said the departure of “specialist staff” in this area had led to the delays.

In 2022, Mr Jones first called for regulations requiring hospitality venues to list the possible allergens in their food, so that customers could make more informed decisions when choosing their meals.

He made the comments after the owners of the Upstairs at Anley Street restaurant in St Helier were fined £3,000 in the Magistrate’s Court after a diner was rushed to hospital suffering an allergic reaction after being served a dish containing nuts. She had been assured that the meal did not contain them. The owners pleaded guilty to a charge of “selling food which was not of the nature demanded by the purchaser”, contrary to Jersey’s food safety laws.

There are still no direct food allergy laws in Jersey.

In the UK, restaurants or cafés must provide customers with written allergen information. This could be a list of allergens on their menu or a prompt explaining how you such information can be obtained.

Under Natasha’s Law, which was introduced in the UK in 2021, all food retailers must display full ingredients and allergen information labels on every food item made on the premises and on pre-packed food for direct sale.

Former Environment Minister Jonathan Renouf committed in 2022 to bringing forward a similar law before the end of that year.

A written response from current Environment Minister Steve Luce in February this year said work had commenced, and in May, he said that officers were continuing to draft legislation.

In the latest update, which came this week, Deputy Luce said the department now had “dedicated resources” which were “engaged on moving forward with the subordinate legislation which will allow the Food Law (Jersey) 2023 to come into force”.

He continued: “The departure of specialist staff has delayed work in this area, but discussions are expected shortly with the Legislative Drafting Office on the best approach to deliver the desired outcomes. This will be encapsulated in law-drafting instructions.”

The draft regulations, he added, would then be put out for consultation, before any necessary revisions were made and then lodged with the States Assembly for debate and approval.

Deputy Luce said this final stage was “expected” to take place in 2025.

Mr Jones and Ms Richardson said it was “positive” to see that the government remained committed to issuing food allergy regulations to bring Jersey in line with UK, EU and US laws that have been in place for over a decade.

Their statement continued: “However, we are disappointed that past commitments by the government to advance regulations over the last two years have still not been met and that it will be at least another year until concrete regulations are issued.

“The Island also needs legislative changes to allow for spare auto-adrenaline injectors in schools and other public places. These are currently illegal in Jersey but legal in the UK.

“With over 6% of the population suffering from a life-threatening food allergy, new regulations are desperately needed to raise awareness and make Jersey a safer and more welcoming place for Islanders and visitors with food allergies.”

They said the newly formed Jersey Food Allergy Group was working on initiatives to raise awareness of the topic, including bringing leading medical and regulatory experts in the field to Jersey.

“We look forward to working with government and other stakeholders, and contributing to the new legislation and approach to the management of food allergies in the Island,” they said.

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