Is the peanut a tree nut?

No. Botanically the peanut is a legume (like peas and lentils) and grows underground. Annex II treats it as an allergen of its own (no. 5), separate from nuts (no. 8). It therefore has to be declared separately as "peanut".

Does peanut oil have to be declared as an allergen?

Yes. Unlike soybean oil, there is NO exception for refined peanut oil. Every peanut product — refined peanut oil included — has to be declared.

What does "may contain traces of peanuts" mean?

It is a voluntary statement about possible unintended cross-contact. It should only be used where contamination genuinely cannot be ruled out despite good manufacturing practice — not as a blanket disclaimer.

Guide · Allergens

Peanuts — allergen no. 5 under the FIC Regulation

2 July 2026 · about 5 min read

The peanut is one of the strongest food allergens — and despite the name it is not a nut. It is a legume and an allergen in its own right among the 14 allergens, clearly separate from nuts. Here is where peanut turns up, and why even refined peanut oil has to be declared.

What is the peanuts allergen?

Annex II of the FIC Regulation (Regulation (EU) No 1169/2011) lists as number 5: “Peanuts and products thereof”. No exceptions are attached. Botanically the peanut is a legume (a relative of the pea, lentil and bean) and grows underground. Nuts (no. 8, e.g. almonds and hazelnuts) are a different allergen. The consequence: “free from nuts” does not mean “free from peanuts” — and the other way round.

Careful: refined peanut oil is NOT excepted

An important difference from soya: Annex II excepts “fully refined soybean oil and fat” from the soya entry. For the peanut there is no such exception — the entry reads “Peanuts and products thereof” with nothing following it. So every peanut product, refined peanut oil included, has to be declared.

“May contain traces” — the cross-contact statement

With peanuts in particular, the voluntary traces statement (“may contain traces of peanuts”) is common, because even the smallest amounts can trigger severe reactions. It is voluntary and should only be used where cross-contact genuinely cannot be ruled out despite good manufacturing practice — not as a blanket disclaimer.

Where peanuts hides

Obvious — peanuts, peanut butter, peanut puffs, salted nut mixes.
Asian cooking — satay and peanut sauce, curries, wok dishes, dips.
Sweets & bars — chocolate bars, pralines, cereal bars, biscuits.
Oils & fried food — peanut oil and anything fried in it.

How to label peanuts correctly

In the list of ingredients on prepacked food, the ingredient has to be named (“peanut”, “peanut oil”, “peanut butter”) and the Annex II name has to be emphasised. Article 21(1)(b) puts it like this: the name “shall be emphasised through a typeset that clearly distinguishes it from the rest of the list of ingredients, for example by means of the font, style or background colour”. In practice that is almost always bold type.

Given how severe reactions can be, peanut deserves particular care. For food sold without prepackaging, Article 44(1)(a) makes the allergen particulars mandatory, while Article 44(2) leaves it to each Member State to decide “the means through which the particulars … are to be made available”. In Germany that national measure is § 4 LMIDV; see allergen labelling in restaurants and how to write a menu.

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 (Annex II no. 5 of Regulation (EU) No 1169/2011). The English text of the Regulation is quoted from the consolidated version of 1 January 2018 on EUR-Lex.