Guide · Food service
Allergen labelling in restaurants — the rules for food sold loose
In a restaurant, café, canteen or takeaway, food is handed over “loose” — not prepacked. Labelling duties still apply: for allergens and for certain additives. This article sorts them by the right legal basis. The EU rule is the same everywhere; the detail is national, and what follows spells out the German rules, because that is where Foodlex is built and used.
Allergens: mandatory even without packaging
Food that is not prepacked has to carry information on the 14 allergens of Annex II too. Article 44(1)(a) of the FIC Regulation is the source: where foods are offered without prepackaging, “the provision of the particulars specified in point (c) of Article 9(1) is mandatory”. Article 44(2) then lets Member States decide “the means through which the particulars … are to be made available”.
In Germany the national measure is § 4 LMIDV (Lebensmittelinformations-Durchführungsverordnung). Which 14 substances are involved is set out in the 14 allergens.
Selling in another Member State? Article 44(2) means the means differ from country to country — some require it in writing, others allow it on request. The obligation itself does not differ. Check the national measure of the country you serve in.
In writing, electronically — or orally (Germany)
§ 4 LMIDV allows several routes. The information has to be available before the purchase is concluded, and easy to see, clear and legible:
- In writing or electronically (§ 4(3)) — on the menu or drinks list, a sign, a price list, a notice, or digitally.
- Orally (§ 4(4)) — permitted, but only on conditions.
For oral information, all of the following have to be met:
- The information is given by the operator or trained 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 guests.
- A clearly visible notice states that the information is given orally and that the documentation is available on request.
In practice the “allergen folder” — a binder with the recipes and the allergens marked — is the usual way of holding that written documentation.
Additives: § 5 LMZDV (no longer the ZZulV)
Besides allergens, certain additives have to be indicated when food is sold loose. A common source of error: the legal basis today is § 5 LMZDV (Lebensmittelzusatzstoff-Durchführungsverordnung). The ZZulV that older guides still cite has been repealed. The required wordings are German and are used as such on the menu:
| Concerns | Required wording (German) |
|---|---|
| Colours | „mit Farbstoff“ (with colour) |
| Preservatives | „mit Konservierungsstoff“ / „konserviert“ |
| Antioxidants | „mit Antioxidationsmittel“ |
| Flavour enhancers | „mit Geschmacksverstärker“ |
| Blackened olives | „geschwärzt“ |
| Waxed fruit and vegetables | „gewachst“ |
| Phosphates | „mit Phosphat“ |
| Sweeteners | „mit Süßungsmittel(n)“ |
| Aspartame | „enthält eine Phenylalaninquelle“ |
| Polyols | „kann bei übermäßigem Verzehr abführend wirken“ |
Special cases: sulphured, caffeinated, quinine
These three appear on menus all the time — but they belong to the EU Regulation, not to the additive rules:
- “Sulphured” concerns sulphur dioxide and sulphites — an allergen (Annex II no. 12).
- Caffeine and quinine used as a flavouring have to be indicated separately, and for drinks high in caffeine Annex III of the Regulation requires an additional warning.
Form rule: everything in the same medium
Since the LMZDV came in (2021), additives may be communicated orally as well. But allergen and additive information has to be provided in the same form (§ 5(2) LMZDV). You cannot give the allergens orally and the additives in writing — it is either both in writing or electronically, or both orally, each on the conditions above.
The footnote system on the menu
The established solution — not a legal requirement — is superscript markers with a key on the same menu: additives usually as running numbers, allergens as letters. The particular assignment is convention (the DEHOGA pattern, for instance); what matters is that the key is unambiguous, complete and easy to read before the order is placed. How to turn that into an actual menu is in how to write a menu, and the letter code itself in allergens on menus.
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.