Source: https://wpinplate.com/en/allergens-on-restaurant-menus/

# Allergens on the menu aren't a courtesy, they're a legal duty

In May 2016 a court in England sentenced the owner of an Indian restaurant to six years in prison for manslaughter. His customer, 38-year-old Paul Wilson, had a severe peanut allergy. He ordered a dish without nuts, and the lid of the container said “no nuts”. To save money, though, the owner had replaced almond powder with a cheaper mix containing peanuts. Wilson died after eating the dish.

It's an extreme case, but it shows what this is about. For a guest with an allergy, information about what's in a dish isn't a courtesy, it's a matter of health, and for a venue it's a legal duty. We explain what EU and Polish law says, how to show allergens on the menu and online, and what a mistake costs (sources at the end).

> [!WARNING] This is not legal advice
> This article describes the law and the positions of the authorities as of October 2026. Agree the details for your venue with Sanepid (Poland's sanitary inspectorate), a food technologist or a lawyer.

> [!TIP] In short
> Every food business, including a food truck, must inform guests about the 14 allergens in every dish (Regulation (EU) No 1169/2011). In Poland the information must be in writing and available without asking the staff: on the menu or on a separate allergen chart. On an online menu, allergens must be visible before the order is placed, and for delivery also available at the moment of delivery. The term “gluten-free” may only be used when the gluten content is no more than 20 mg/kg. Missing information can bring fines from Sanepid and the Agricultural and Food Quality Inspection.

## The 14 allergens you need to know

Annex II to Regulation No 1169/2011 lists 14 groups of substances that cause allergies or intolerances. We give them together with examples of where they most often hide in the kitchen:

| Allergen | Where it hides |
|---|---|
| Cereals containing gluten: wheat (including spelt), rye, barley, oats | Breadcrumbs, roux, sauces thickened with flour, soy sauce, beer in batter |
| Crustaceans | Prawns, shrimp paste in curries and Asian sauces |
| Eggs | Mayonnaise, sauces, breadcrumb coating, egg pasta, desserts |
| Fish | Fish sauce, anchovies in Caesar salad dressing |
| Peanuts | Satay sauce, Asian dishes, desserts |
| Soybeans | Soy sauce, tofu, lecithin in ready-made products |
| Milk (including lactose) | Butter, cream, cheeses, sauces, mash |
| Tree nuts: almonds, hazelnuts, walnuts, cashews, pecans, Brazil nuts, pistachios, macadamia nuts | Desserts, toppings, granola, sauces and pesto with nuts |
| Celery | Broth, stocks, vegetable seasoning mixes |
| Mustard | Mustard, sauces, marinades, dressings |
| Sesame seeds | Burger buns, tahini, hummus, toppings |
| Sulfur dioxide and sulfites above 10 mg/kg | Wine, wine vinegar, dried fruit |
| Lupin | Lupin flour in bread and gluten-free products |
| Molluscs | Mussels, squid, octopus, oyster sauce |

The duty also covers compound ingredients. If you buy ready-made breadcrumbs, buns or sauce, check their ingredients on the label and carry the allergens over to the dish description.

## Where the duty comes from

**EU law.** Article 9(1)(c) of Regulation (EU) No 1169/2011 on the provision of food information to consumers lists allergens among the mandatory particulars. Article 44(1)(a) extends this duty to non-prepacked food, which includes a dish served on a plate. The regulation defines a “mass caterer” very broadly: among others, restaurants, canteens and catering businesses, “including vehicles or fixed or mobile stalls”. A food truck is covered too.

**The form of the information.** Article 44(2) lets member states decide how allergen information for non-prepacked food is given. The European Commission explains in a 2017 notice that where a member state hasn't adopted its own rules, the information must be in writing, and adds that it is therefore not possible to provide allergen information only on the consumer's request.

**Polish law.** Poland has adopted its own rules: § 19 of the Regulation of the Minister of Agriculture and Rural Development of December 23, 2014 on the labeling of particular types of foodstuffs (Dz.U. 2015 poz. 29). For non-prepacked food it requires, among other things, the name and a list of ingredients with the allergens highlighted. This information is given “on a notice about the foodstuff or in another way, in a place directly accessible to the final consumer”. Sanepid puts it more simply: the information has to be in writing, on the menu or on a separate card, and “cannot be given only orally at the customer's request”.

Note the words “list of ingredients”. The Polish rule requires more than just a list of allergens. In its 2026 inspections of food service, IJHARS (the Agricultural and Food Quality Inspection) objected precisely to the lack of an ingredient list, the allergens not being highlighted in it and guests not having easy access to this information.

## How to show allergens at the venue

There are several acceptable ways. They all have one thing in common: the guest reads the information themselves, without asking the staff.

- **On the menu next to the dish.** The ingredients with the allergens highlighted, e.g. in bold. You can add allergen icons with a key, but icons don't replace the list of ingredients.
- **A separate allergen chart.** A table of dishes and allergens placed with the menu or displayed somewhere visible. A note saying “Ask the staff about allergens” isn't enough.
- **The board and the daily special.** The daily special changes every day, so you update its ingredients and allergens every day too.
- **A menu screen above the counter.** If it replaces the menu, the allergens also have to be on it or next to it.

The information also has to be true. The case at the start of this article began with an ingredient swapped for a cheaper one. Every change of supplier, recipe or ready-made component means updating the menu, and the staff need to know when to say: “we can't guarantee that”.

## Online menus and delivery: before the order and at delivery

For distance selling, Article 14 of Regulation No 1169/2011 also applies. For non-prepacked food (paragraph 2), allergen information:

- must be available **before the purchase is concluded**, on the material supporting the sale, i.e. the online menu or the app, at no extra cost to the customer,
- must also be available **at the moment of delivery**.

The business under whose name the food is sold is responsible for the information (Article 8(1)) – your venue, even when the order comes in through a delivery app. Fill in the allergens in every sales channel. For delivery, the simplest way is to include a printout of the ingredients and allergens of the dishes ordered.

## “Gluten-free”, “may contain” and other traps

The term “gluten-free” is regulated by Commission Implementing Regulation (EU) No 828/2014. It may only be used when the dish contains no more than 20 mg of gluten per kilogram. “Very low gluten” means up to 100 mg/kg and applies only to products made from specially processed cereals.

Poland's Chief Sanitary Inspectorate (GIS) states plainly that these requirements also apply to mass caterers. GIS considers a statement such as “our food is gluten-free but may contain traces of gluten” misleading. A venue has to be able to prove that the dish meets the limit. In a kitchen where cutlets are breaded on the next counter, that's hard.

Two everyday rules:

- **Don't call a dish gluten-free** unless you have procedures that protect it from gluten contamination and evidence that it meets the limit.
- **“May contain” is voluntary information.** Under Article 36 of Regulation No 1169/2011 it must not mislead or be ambiguous. Nor does it replace the mandatory allergen information.

## Fines: Sanepid and IJHARS

Two inspectorates check food service in Poland, and both can impose a fine.

**The State Sanitary Inspection (Sanepid).** Failing to meet the labeling requirements of Regulation No 1169/2011 (Article 103(1)(1b)(c) of the Food and Nutrition Safety Act) can bring a fine of up to thirty times the average wage of the previous year. With the 2025 average wage (PLN 8,903.56) that's about PLN 267,000 (our calculation). For labeling violations, a fine of up to five times the gross value of the food in question can also be imposed (Article 103(2)(1)). The fine is imposed by the provincial sanitary inspector, taking into account, among other things, how harmful the act was and the extent of the violation (Article 104).

**The Agricultural and Food Quality Inspection (IJHARS).** Labeling is part of the commercial quality of agri-food products. For placing on the market products that don't meet commercial quality requirements, IJHARS imposes a fine of up to five times the benefit obtained or possible, at least PLN 500 (Article 40a(1)(3) of the Act on the Commercial Quality of Agri-Food Products). From September 16, 2026, when the same defect recurs, the fine increases by the sum of the fines imposed in the previous 24 months (Article 40a(3)).

Two IJHARS inspections from July 2026 show what this looks like in practice:

| Inspection | Venues | With irregularities | Incorrectly labeled batches |
|---|---|---|---|
| Fish fry shops (July 2, 2026) | 50 | 76% | 79 of 118 (66.9%) |
| Waffles, wafer rolls and pastries (July 16, 2026) | 73 | 53% | 78 of 175 (44.6%) |

In the fish fry shops, the inspectors pointed out, among other things, missing ingredient lists with allergens, allergens not highlighted, leaving out the ingredients of the batter and guests not having easy access to this information. At the waffle stands, the list of ingredients and allergens was missing at the point of sale.

An administrative fine isn't the only risk. A serious allergic reaction brings civil liability into play, and in extreme cases criminal liability, as in the case at the start of this article.

## An allergen checklist for your venue

1. Write down the recipes of all dishes, sauces and sides, including the ingredients of ready-made components.
2. For every dish, prepare a list of ingredients with the allergens highlighted.
3. Make it available in writing, without asking the staff: on the menu or on an allergen chart.
4. Enter the same information on your online menu and on delivery apps, and include it with the order for delivery.
5. Update the ingredients with every change of supplier, recipe and daily special.
6. Train your staff: where to get the information and when to say honestly that you can't guarantee something.
7. Only use the term “gluten-free” when you can prove a gluten content of no more than 20 mg/kg.

## Allergens on the WP InPlate online menu

Since version 1.31.0, WP InPlate has dedicated allergen handling, designed around the duties described above:

- **The 14 allergens from Annex II.** Each has a number from 1 to 14 and a hint about where it usually hides, e.g. “Celery – broth, stock, vegetable seasoning mixes”. You can add your own allergens, e.g. kiwi.
- **“Contains” and “may contain” separately.** For a dish, including a daily special, you tick the allergens it contains and, separately, those it may contain in trace amounts. Voluntary information doesn't get mixed up with mandatory information.
- **Ingredients with the allergens highlighted.** The **Ingredients** field is the dish's list of ingredients. You select e.g. “wheat flour” in it, click **Highlight**, and the guest sees the allergen in bold.
- **Allergens of add-ons.** Add-ons and options have their own allergens, e.g. pesto with nuts as a sauce choice. The guest sees them in brackets: “Pesto (Tree nuts)”.
- **Before the order.** The dish card on the menu has a **Contains allergens** note, and hovering over or tapping it shows the list of allergens. The dish window shows the ingredients, allergens and “may contain”.
- **After the order.** The confirmation email, the thank-you page and the order in **My account** show the allergens of the dish and the chosen add-ons under each item. The order saves them from the moment of purchase, so a later change of recipe doesn't change what the guest got.
- **On the label.** Just turn on **Show allergens on labels** in the settings, and the label you stick on the bag prints the allergens of the dish and the chosen add-ons under each item. For delivery, the guest gets them on paper too.
- **A checklist.** The manager panel flags dishes without allergen information and adds one allergen to a whole category at once, e.g. gluten to all pizzas.

Two rules from this article are built into the system. A dish without allergen information shows guests no information at all, rather than “no allergens”. WP InPlate doesn't add a “gluten-free” label by itself, because gluten not being ticked doesn't mean the 20 mg/kg limit is met. If you have a “Gluten-free” badge, use it only on dishes that meet this limit.

TV screens at the venue don't show allergens yet, so when a screen replaces the menu, put an allergen chart next to it. The details are in the [documentation](/en/docs/allergens/). See what the [online menu](/en/features/online-menu/) looks like, and try WP InPlate [free for 30 days](/en/pricing/).

## Summary

Allergen information is a duty for every venue, from a restaurant to a food truck. In Poland it must be in writing, with a list of ingredients and the allergens highlighted, available without asking the staff. On an online menu you give it before the order, and for delivery also at the moment of delivery. For “gluten-free” the 20 mg/kg limit applies. The 2026 inspections show that inspectors are checking this more and more closely.

## Sources

- [EUR-Lex: Regulation (EU) No 1169/2011 on the provision of food information to consumers, consolidated text](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02011R1169-20180101)
- [EUR-Lex: Commission Notice of July 13, 2017 relating to the provision of information on substances or products causing allergies or intolerances (2017/C 428/01)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52017XC1213(01))
- [EUR-Lex: Commission Implementing Regulation (EU) No 828/2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food](https://eur-lex.europa.eu/eli/reg_impl/2014/828/oj/eng)
- [Regulation of the Minister of Agriculture and Rural Development of December 23, 2014 on the labeling of particular types of foodstuffs, Dz.U. 2015 poz. 29 (in Polish)](https://eli.gov.pl/eli/DU/2015/29/ogl)
- [The Act of August 25, 2006 on Food and Nutrition Safety, consolidated text Dz.U. 2023 poz. 1448 (in Polish)](https://eli.gov.pl/eli/DU/2023/1448/ogl)
- [The Act of December 21, 2000 on the Commercial Quality of Agri-Food Products, consolidated text Dz.U. 2023 poz. 1980 (in Polish)](https://eli.gov.pl/eli/DU/2023/1980/ogl)
- [The Act of July 17, 2026 amending the Act on the Commercial Quality of Agri-Food Products and certain other acts, Dz.U. 2026 poz. 1154 (in Polish)](https://eli.gov.pl/eli/DU/2026/1154/ogl)
- [PSSE Gołdap (county sanitary station): Information on allergens in non-prepacked food (December 31, 2020, in Polish)](https://www.gov.pl/web/psse-goldap/informacja-dotyczca-alergenow-wystepujacych-w-zywnosci-nieopakowanej)
- [GIS: Requirements for food labeled gluten-free or very low gluten (May 12, 2026, in Polish)](https://www.gov.pl/web/gis/wymagania-dla-zywnosci-znakowanej-jako-bezglutenowa-lub-o-bardzo-niskiej-zawartosci-glutenu--informacje-dla-konsumentow-i-obowiazki-przedsiebiorcy)
- [IJHARS: A holiday lunch by the water? IJHARS checked the quality of fish in fish fry shops (July 2, 2026, in Polish)](https://www.gov.pl/web/ijhars/wakacyjny-obiad-nad-woda-ijhars-sprawdzila-jakosc-ryb-w-smazalniach)
- [IJHARS: A sweet holiday offer – IJHARS inspected waffles, wafer rolls and other pastries in food service (July 16, 2026, in Polish)](https://www.gov.pl/web/ijhars/slodka-oferta-wakacyjna-ijhars-skontrolowala-jakosc-gofrow-rurek-i-innych-ciastek-w-gastronomii)
- [Prawo.pl: The average wage in the national economy in 2025 – GUS (in Polish)](https://www.prawo.pl/kadry/przecietne-wynagrodzenie-w-gospodarce-narodowej-w-2025-r-gus,1538189.html)
- [Global News: Restaurateur jailed after peanut allergy customer dies from “no nuts” dish (May 25, 2016)](https://globalnews.ca/news/2720994/penny-pinching-restaurateur-jailed-after-peanut-allergy-customer-dies-from-no-nuts-dish/)