Calorie Labelling Regulations: What Food Businesses Need to Know

If there is one thing that most food and hospitality businesses could probably do without, that’s red tape and different stipulations and criteria they are meant to comply with and meet to stay in business.

The reason there needs to be red tape and different regulations in place, though, is because the country is facing an uphill battle against an increasingly prevalent obesity problem.

With that in mind, the government has been trying to come up with a plan to tackle obesity. So far, many of its initiatives and the government’s obesity strategy overall has been effective to a certain extent.

Health authorities and healthy eating watchdogs along with prominent members of the government and other members of parliament still believe more could be done.

Whenever new regulations are brought in, it can be alarming and stressful for food businesses. That is why, if you run a food business, we want to make things easier for you by outlining everything you need to know about the new calorie information regulations.

What are calorie labelling regulations?

The brand new calorie information regulations mean all food businesses of a specific type and size need to, by law, show the full energy content of specific items of food and drink either on menu boards, menus or on their website. These new regulations will be assessed and enforced by local authorities.

When were they made law?

The new legislation came into effect on April 6th this year (2022). Although these new regulations were designed following extensive discussions and public consultations in both 2018 and 2020, as part of the UK government’s plan for tackling the obesity problem.

Why have calorie labelling regulations been introduced?

The new measures involving mandatory calorie information are part of a bigger strategy set out by the government and relevant health and food bodies to help people make better informed and ultimately healthier choices when they are eating out or ordering fast food and takeaways.

In fact, leading up to the regulations taking effect, it was discovered that around 28% of adults living in England were overweight, while 36% were considered obese. Bureau Veritas, a renowned compliance specialist, was encouraging food businesses to hurry up and make sure they were fully compliant.

It is not surprising that these regulations were brought into effect as adult and children’s health has been a serious discussion point in recent years with many different initiatives and strategies being put into place to reduce the bad habits surrounding food. Even television advertising has succumbed to stricter rules.

As good as these new initiatives have been, there is still a staggering number of children and adults that are either obese or overweight.

That is why the government felt the need to act against large food businesses in the hospitality sector: to ensure they are doing all they can to give people the information they need to make smarter and more informed healthy food choices.

What does the law now require food businesses to do?

Essentially, food businesses need to provide their customers with calorie information for most food and drink they have for sale that is for immediate consumption, so they can make their minds up and choose healthy options.

What this means in more specific terms is that restaurants, pubs, cafes and takeaways will need to provide the full energy content of their products in kilocalories along with the size of one single portion, if it is for just one person. If it is for more than one person, they need to state how many people it is supposed to serve.

Last, but by no means least and possibly most importantly, they will need to have the so-called intake statement on every page of their menus, that states “adults need around 2,000 kcals a day”.

Do calorie labelling regulations apply to all food businesses?

Fortunately for smaller food businesses, the mandatory calorie labelling regulations do not apply to them.

The law at the moment is designed to target solely the establishments that are part of larger chains and therefore, it is only if a business has a minimum of 250 employees, such as food delivery platforms, franchisees, and large-scale caterers.

It is also only applicable to food businesses based in England. It is important to note that the regulations for displaying calorie information do not apply to all of the food that businesses sell. There are many exemptions.

Some notable exemptions include condiments that have been added by customers, any menu items or dishes that have been available for a shorter period of time than 30 days, and any food items or dishes that are customer requests but are not on the menu.

How you can comply with the changes

In addition to knowing why calorie information regulations are being introduced and what they require food businesses to do, they also need to think about where the information needs to be displayed.

The regulations state that the portion size and calorie information of applicable food must be clearly displayed at what is known as “the point of choice for your customers”. That means the menu boards, menu or online menus on their website, or where the food options are chosen from displayed items on a food labels that identifies the food that the calorie information concerns.

The regulations state that the calorie information and portion size information need to clearly legible, not obscured or hidden, easily visible and in a format or font that is similar to the food item or dish name or even the price.

For businesses that offer food through distance selling, like takeaways that sell online or by phone, for example through third-party delivery apps, the calorie information and portion size for all applicable food items and dishes must be accessible for customers when they order and when they receive their order.

How can businesses calculate calories?

Although it may sound intimidating trying to figure out the figures to display calorie information to comply with the regulations, there are guidelines for how you can do this.

The guidance for the implementation of these regulations states that food business owners and those the regulations apply to should use the three legally-acceptable methods of calculating the nutritional information and calorie content of their food.

These methods are:

• Using the manufacturer of the food’s analysis of the product
• Calculating from the known or average values of all the ingredients used in the food
• Calculating using data that is generally accepted and established.

What happens if you don’t comply?

As you’d imagine, because the calorie information regulations are now a legal requirement for the food businesses they are applicable to, it is in your best interest to comply if necessary. If you don’t comply with the regulations about calorie information, there are some potentially very stiff penalties you could be expected to pay.

Officers for the Trading Standards Industry have been given the power to give uncompliant businesses a warning and improvement notice. This gives businesses a chance to turn things around over a period of 2 weeks.

If food businesses that the regulations are applicable to do not make the changes, they may need to pay a fine as much as £2,500.

We hope the above information about the new calorie labelling regulations is helpful and ensures you stay compliant with the local food authorities.

Contact us today for support on meeting the regulations and getting your food business compliant