If you weren’t already aware, new government legislation comes into force on April 6, placing additional responsibilities on eligible caterers, food manufacturers and producers around labelling.

The Calorie Labelling (Out of Home Sector) (England) Regulations will implement mandatory calorie labelling amongst food businesses with 250 or more employees in the out of home sector.

Under this legislation the out of home sector covers any outlet where food or drink is prepared and ready for immediate consumption, either on or off the premises. This includes restaurants, cafes, takeaways, contract caterers, specialist food stores, bakeries, home-delivery services, domestic transport businesses (such as trains and ferries) and a growing number of supermarkets. 

I’m working with clients to help showcase their products and services to support compliance. Here I use that understanding to answer some of the most common questions surrounding this new legislation, including what it means for food businesses and how they can prepare.

Why is this new legislation coming into force? 

The Calorie Labelling Regulations are designed to make it easier for consumers to make healthier choices. 

Consumers are already familiar with calorie and nutritional content being displayed on the majority of food items sold in the retail sector, including in convenience stores and supermarkets. Currently, food and drink that is prepacked is already required to display nutritional information.

However, this new legislation targets food which isn’t prepacked. At the moment, non-prepacked food is not required to display nutritional information, which can make it hard for consumers to make an informed decision when purchasing food and drink items.  

Not only is the legislation designed to assist consumers in making more informed decisions around the food that they purchase, but it is also hoped that it will encourage businesses to reformulate the food and drink they offer by providing lower-calorie and more nutritious options for their customers. 

What does the new legislation require food businesses to do? 

Food businesses must gather all of the information needed to calculate calories for each menu item, including grab and go items, and then export that data to EPOS, labels, pre-order apps and other points of choice for customers.

Specifically, the legislation requires that the energy content be provided in kilocalories (kcal). Food businesses must also indicate the size of a single portion or the number of people the food is designed to serve. Finally, food businesses must display the prescribed intake statement, such as “adults need around 2,000 kcal a day.”

The new calorie labelling legislation covers any non-prepacked food or drink that is suitable for immediate consumption, either on or off the premises, and it must be shown at the point of choice for consumers, such as on menu boards and online. Calorie labelling must be visible and not hidden or obscured from view. Ideally, it should be displayed prominently on each individual food item. 

Does the calorie labelling legislation apply to all businesses that sell food? 

The legislation only comes into force for food businesses with 250 or more employees in the out of home sector. However, the government will be encouraging smaller food businesses to adopt calorie labelling in line with the new legislation voluntarily.

The legislation will be reviewed in five years’ time, and the government may expand it to cover smaller businesses. So, even though smaller businesses aren’t currently impacted, it would be wise for them to start the process of calorie labelling. Not only does this mean that they will be prepared if the legislation were to change, but it also means that they are helping their customers make better food choices. 

Does the new legislation extend to online food businesses? 

Yes, the new legislation also covers online food businesses, not just businesses with a physical presence. 

Does the new legislation cover all food items? 

No, not all. Food items that are exempt include condiments added by a customer, food requested by a customer that isn’t on the menu, and any items that are on the menu for less than 30 days.

How can food businesses impacted by the new legislation prepare? 

There are many ways that food businesses can prepare for this new legislation. Some key things food businesses should consider are checking with any suppliers or partners to establish whether they have any calorific values for their ingredients; checking which recipes and food items will be impacted by the new legislation; and exploring the best ways to manage printing and labelling of food items, including the best way to display this information on menus and websites.

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