New Dutch Allergen Policy

As of January 1, 2024, a new Dutch allergen policy, established by the Ministry of Health, Welfare, and Sport (VWS), will come into effect. This policy, slated to be enforceable by January 1, 2026 at the latest, is the outcome of close consultations between the government, industry, and patient organizations, receiving widespread acclaim. Companies have a two-year window to implement these changes.

In 2016, the Bureau Risk Assessment (BuRO) of the Dutch Food and Consumer Product Safety Authority (NVWA) released temporary reference doses in response to allergen risks. These doses significantly deviated from the commonly used VITAL system, not just quantitatively but also in recognizing Precautionary Allergen Labelling (PAL). The 2022 lawsuit underscored the need for a balanced approach. The new policy mandates caution in PAL usage and imparts legal status to these warnings, employing strict phrases such as "May contain" or "Not suitable for."

Policy Content: Reference Doses, PAL Usage, and Cross-Contamination Guidelines

The policy focuses on pre-packaged food items and encompasses three key points. Firstly, the new reference doses (RfD) are based on FAO/WHO recommendations and enjoy support from patient organizations. The legal framework for RfD usage and PAL wording is established. Secondly, the policy defines specific PAL wording and emphasizes a reversed burden of proof to prevent excessive use. Finally, the document 'Guidelines for Allergen Cross-Contamination' outlines ten core elements and will be published soon.

Legal Status and Implementation: Policy Rule, Brussels Notification, and Company Role

The policy has been ratified by the Minister of VWS in December 2023 and will soon be published as a policy rule. This rule, notified in Brussels, becomes effective from January 1, 2026. Companies have a two-year window to implement these changes. Patient organizations and the Nutrition Center play a pivotal role in communicating these changes to consumers.

Actions and Follow-up: Company Assessments and Label Adjustments

Companies must assess and, if necessary, tighten their preventive measures to avoid cross-contamination. The Allergen Risk Calculator is being updated for the new Dutch values. Anticipated increases in reference doses are expected to reduce the need for PAL, necessitating label adjustments from January 1, 2026. The Dutch policy aims to set an example, and European harmonization may take a considerable amount of time.

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