Guide · Bakery
Allergen labelling in a bakery — counter and shelf
Rolls, bread, cake, filled pastries — in a bakery most of it goes loose over the counter, with prepacked goods on the shelf alongside. Both have to carry information on the 14 allergens. And because cereals containing gluten are in almost everything, a bakery is one of the most sensitive places for allergen labelling. Below are the duties, sorted by the right rulebook — the national detail is German.
Which allergens matter in a bakery
The 14 allergens of Annex II of the FIC Regulation have to be declared. The most frequent in baked goods:
- Cereals containing gluten (wheat, rye, barley, spelt …) — practically everywhere.
- Eggs, milk (butter, cream, whey), nuts, soybeans and sesame.
- Sulphur dioxide and sulphites — in dried fruit on toppings or in fillings, for instance.
The full list with examples is in the 14 allergens.
Loose over the counter — § 4 LMIDV
Unpackaged baked goods have to carry allergen information too. Article 44(1)(a) makes it mandatory; the German national measure under Article 44(2) is § 4 LMIDV. The information has to be available before the purchase, easy to see, clear and legible. Two routes:
- In writing or electronically (§ 4(3)) — a sign at or next to the goods, a notice in the shop, a price list, or an allergen folder at the counter.
- Orally (§ 4(4)) — permitted, but only on strict conditions.
For oral information, all of these have to hold:
- The information comes from the operator or sufficiently instructed staff, on request and before the purchase is concluded.
- Written or electronic documentation of the allergenic ingredients exists.
- That documentation is directly and easily accessible to the authority and, on request, to customers.
- A clearly visible notice (at the counter) says that information is given orally and that the documentation is there.
Without that documentation and without the visible notice, purely oral information is not permitted — the most common mistake at the counter.
Prepacked bread and packaged goods
Goods packed with a label (sliced bread on the shelf) need the full labelling. The allergens have to be emphasised in the list of ingredients — usually in bold — so they clearly stand out (Article 21).
The counter exception: goods prepacked on the premises for immediate sale (rolls put into a bag) are treated in Germany under § 4(1) LMIDV essentially like loose goods — allergen information as above, without a full label.
Additives — not the same thing as allergens
A separate matter: certain additives have to be indicated when goods are sold loose, under § 5 LMZDV (in force since 2021; the old ZZulV is repealed). That is not allergen labelling. Typical in a bakery, with the German wording that has to be used:
| Concerns | Required wording (German) |
|---|---|
| Preservatives | „mit Konservierungsstoff“ / „konserviert“ |
| Colours (glazes, fillings) | „mit Farbstoff“ |
| Phosphates | „mit Phosphat“ |
| Sweeteners | „mit Süßungsmittel(n)“ |
| Antioxidants | „mit Antioxidationsmittel“ |
Allergen and additive information has to be provided in the same form (§ 5(2) LMZDV) — not one in writing and the other orally.
Worth noting: “sulphured” is not an additive statement under § 5 LMZDV; it concerns the allergen sulphur dioxide and sulphites (Annex II no. 12) — relevant for sulphured dried fruit on pastries.
“May contain traces of nuts” — mandatory?
Voluntary. Only the allergens deliberately used have to be declared. A traces statement concerns unintended contamination (cross-contact — in a bakery, real enough through shared trays and flour dust). There is no legal obligation and no threshold for it. It should still be used truthfully and not printed on everything as a precaution — otherwise it loses its value for people with allergies.
Who is liable?
The food business operator is responsible for the food information (Article 8) — in a bakery, the owner or operator, and for a chain, the company. In Germany, breaches of the allergen duties can be pursued as an administrative offence under § 6 LMIDV together with the LFGB; in serious cases the LFGB also provides for criminal offences. Consequences range from a formal objection through a fine to a ban on sale.
The most common mistakes
- Confusing allergens with additives — two separate rulebooks. „Mit Konservierungsstoff“ is not an allergen statement.
- Oral information without documentation and notice — without the written record and the visible notice it is not permitted.
- Traces statements everywhere — voluntary, and worthless once it is on every product.
This article is general information and does not replace legal advice. What counts is the wording of the regulation as it applies at the time (Article 44 of Regulation (EU) No 1169/2011, § 4 LMIDV and § 5 LMZDV). The English text of the Regulation is quoted from the consolidated version of 1 January 2018 on EUR-Lex.