Allergy Aware

Legal obligations around allergenic foods

In NSW, food service and food retail operations are regulated by the:

  • Food Standards Code
  • Food Act 2003 (NSW)
  • Food Regulation 2010 (NSW)

The Food Standards Code is a collection of national standards which have the force of law. It is a criminal offence in Australia for a food business not to comply with these food standards. Requirements for the declaration of allergens are covered in the  Food Standards Code.

Standard 1.2.3 of the Code specifies requirements for the mandatory declaration of allergens in food. For most packaged food, the information must appear on the label. If the food is not packaged, the information must be provided on or in connection with the display of the food or to the purchaser upon request.

The following substances and their products must be declared 

  • crustacea
  • egg
  • fish
  • milk
  • peanuts
  • soybeans
  • tree nuts
  • sesame seeds
  • cereals containing gluten and their products, namely, wheat, rye, barley, oats and spelt and their hybridised strains


  • added sulphites in concentrations of 10 mg/kg or more
  • bee pollen and royal jelly
  • phenylalanine 

The listed substances must be declared when present as:

  • an ingredient
  • an ingredient of a compound ingredient (eg in a sauce or dressing)
  • a food additive or component of a food additive
  • a processing aid or component of a processing aid