Info zone – Are your menus legal?
Mr and Mrs Bark run a village pub renowned for its good beer and excellent Sunday lunches. Mrs Bark has recently read that the Food Standards Agency (FSA) has issued new guidelines about the use of descriptions such as "fresh", "pure", "traditional" and "farmhouse" in relation to food.
As a result she has decided to review her menu to ensure that it complies with the new guidance. Mrs Bark is particularly concerned about the following descriptions on her menu:
• Home-made lasagne with freshly prepared salad made using only fresh ingredients.
• Traditional steak and kidney pie served with potatoes and carrots.
The home-made lasagne is prepared using frozen minced beef and long-life pasta. Mrs Bark buys catering-size quantities of pre-prepared salad on a weekly basis.
The steak and kidney pie is made according to a recipe handed down to Mrs Bark by her grandmother. However, she has changed the recipe by adding ale to give the pie a bit of zing. *
What the expert advises
Hilary Ross is a solicitor at Berwin Leighton Paisner
In its guidance notes the FSA concludes that the food industry should use words such as "fresh" or "freshly" with more discretion.
To this end it is recommended that the term "made with fresh ingredients" should be used only in circumstances where no processed ingredients have been used.
Similarly, terms such as "freshly prepared" should be used only if a short time has elapsed since the product was prepared. Clearly this will need to be judged on a case-by-case basis.
In the case of Mrs Bark's lasagne and salad, it would be inappropriate to describe the meal as made from only fresh ingredients. The use of long-life pasta and frozen minced beef would not fall under the definition of fresh.
It is also doubtful whether the salad can be described as freshly prepared. This description would lead most consumers to believe that the salad is freshly prepared on the premises that day. In the circumstances such a description is unacceptable.
The FSA has reiterated earlier advice that the term "home-made" should be applied only when the food has been prepared in a domestic kitchen rather than in a factory or a manufacturer's kitchen.
Since Mrs Bark prepares her lasagne on the premises her description of the food as "home-made" is acceptable.
In relation to the term "traditional", the FSA advises that it should be used only where the ingredients and processes have been substantially unchanged for a significant period of time. Clearly if Mrs Bark is using a recipe handed down by her grandmother then this would be long enough for it to be considered traditional.
A problem arises because of the addition of ale to the recipe as it might be argued that this means the pie is no longer made according to the original recipe.
But Mrs Bark could probably argue that this change is not substantial.
What the law says
Under the Food Safety Act 1990, the Food Labelling Regulations 1996 and the Trades Descriptions Act 1968, it is an offence to make false or misleading claims. Offences under this legislation can attract fines of up to £20,000. The guidance is not binding, but courts will regard the FSA's recommendations as persuasive evidence.
Be aware
In this guidance enforcement officers will be keen to ensure that labels and menus comply. Caterers should therefore review their menus to ensure that where these terms appear in their menus they are used in accordance with the recommendations in the guidance note. If caterers are unsure they should seek advise from their local authority.
The food industry must use terms such as "freshly prepared" and "traditional" with more discretion
Contacts
Berwin Leighton Paisner 020 7427 1170
E-mail: hilary.ross@berwinleightonpaisner.com
Food Standards Agency
020 7276 8000
This case study is a work of fiction and consequently the names, characters and incidents portrayed in the article are fictitious. Any resemblance to actual persons, living or dead, events or localities is coincidental.
