Guide · Allergens
Tree nuts — the eight nuts of allergen no. 8
“Nuts” sounds like every nut there is — but Annex II means a closed list of eight. And the best-known “nut” of all, the peanut, is not on it. Here is which eight nuts belong to the 14 allergens, why the peanut is a case of its own, and how to label them.
What counts as a nut under the FIC Regulation?
Eight named species of nut have to be declared as an allergen: almonds, hazelnuts, walnuts, cashews, pecans, Brazil nuts, pistachios and macadamia or Queensland nuts. The peanut expressly does not belong to them (see below).
They sit in Annex II number 8 of the FIC Regulation (Regulation (EU) No 1169/2011). Unlike the everyday word “nuts”, the list is closed: only the eight named species — and products made from them — have to be declared as this allergen.
The eight named nuts
| # | Nut |
|---|---|
| 1 | Almonds (Amygdalus communis L.) |
| 2 | Hazelnuts (Corylus avellana) |
| 3 | Walnuts (Juglans regia) |
| 4 | Cashews (Anacardium occidentale) |
| 5 | Pecan nuts (Carya illinoinensis (Wangenh.) K. Koch) |
| 6 | Brazil nuts (Bertholletia excelsa) |
| 7 | Pistachio nuts (Pistacia vera) |
| 8 | Macadamia or Queensland nuts (Macadamia ternifolia) |
Annex II attaches one exception to the entry: nuts “used for making alcoholic distillates including ethyl alcohol of agricultural origin”.
The peanut is NOT a tree nut
This is the most common mix-up — and a genuine labelling error when it happens. The peanut is botanically a legume (like peas and lentils) and grows underground. Annex II treats it as an allergen of its own — number 5 — clearly separate from nuts (number 8).
In practice: anyone working with peanuts has to declare “peanut” — not “nuts”. And a product that is free from nuts may still contain peanuts. For people with allergies that distinction matters for their safety.
These “nuts” are NOT tree nuts
Because the list in Annex II no. 8 is closed, several foods with “nut” in the name do not fall under this allergen (which says nothing about whether someone can be allergic to them):
| “Nut” | Why it is not allergen no. 8 |
|---|---|
| Peanut | A legume — an allergen of its own (Annex II no. 5), declared separately. |
| Coconut | Botanically a drupe; not in the EU list of eight. (The USA classifies it as a tree nut, which is why US and EU labels differ.) |
| Nutmeg | A spice (a seed) — not named, so not covered by no. 8. |
| Pine nuts | Seeds of the pine — not on the closed list (they can still cause allergies). |
| Sweet chestnut | Fruit of the sweet chestnut — not among the eight. |
Rule of thumb: only where one of the eight named species — or a product made from it — is present does “nuts”, or the particular species, have to be declared.
Where nuts occur
- Bakery & sweets — nougat, marzipan (almonds), pralines, muesli, biscuits.
- Spreads & oils — nut butters, walnut or hazelnut oil, pesto (often cashew or pistachio).
- Ready meals — Asian dishes, vegan cheese alternatives (frequently cashew-based).
- Hidden — as a flavouring, in liqueurs (amaretto, for instance) or as “plant protein”.
How to label nuts correctly
In the list of ingredients on prepacked food, the particular nut has to be named (“hazelnuts”, “cashews”) and emphasised. Article 21(1)(b) requires the Annex II name to be “emphasised through a typeset that clearly distinguishes it from the rest of the list of ingredients”; bold type is the usual way. A blanket “nuts” is not enough — the species has to be identifiable.
For food sold without prepackaging, Article 44(1)(a) makes the allergen particulars mandatory; Article 44(2) leaves the means to the Member States, which in Germany is § 4 LMIDV. See allergen labelling in restaurants.
Traces statements such as “may contain traces of nuts” are voluntary and should only appear where cross-contact genuinely cannot be ruled out despite good manufacturing practice — not as a blanket disclaimer.
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. 8 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.