New Dutch allergen policy: 7 practical tips for application

In early 2024, it was announced that a new allergen policy will apply in the Netherlands. There will be stricter rules for cross-contamination warnings. As a result, these warnings will not be allowed to appear on packaging. The goal is to increase the value of the warnings that do appear. But how do you apply this new policy practically?

Under the new policy, a cross-contamination warning (also called precauctionary allergen labeling, or PAL for short) may only be placed if the manufacturer can demonstrate that there is actually a risk that the allergen is present in a quantity that could cause a reaction in allergic consumers. In other words, a PAL may now be placed only if it can be substantiated with a quantitative risk assessment, such as with a VITAL. Thus, the mere presence of an allergen in the same plant is no longer sufficient.

In addition, the new allergen policy also includes modified reference doses. These are the amounts of allergen per consumption that are considered thresholds for placing a PAL. Previously, reference doses were used at which 1% of the allergic population could have a reaction, the ED01. This was relatively strict, compared to other countries. Therefore, the new policy switches to the ED05, the dose at which 5% of the allergic population can have a reaction. This increases the risk of allergic reactions, but reduces the range of products available to consumers with milder allergies.

Finally, mandatory spelling has been established. Producers may only state the PAL as follows: 'may contain x' or 'not suitable for x'. Patient organizations prefer 'may contain x' because it is a less restrictive sentence. Consumers can then make their own decision whether or not to use the product. In this article, seven tips for implementing the new policy.

1. Use the guideline document

As part of the new policy, the food industry has worked with the NVWA to develop a guideline document. This document addresses four pillars of allergen management; 1) raw material information, 2) separation, cleaning and validation, 3) risk assessment and 4) risk communication. For each pillar, the document indicates how a producer can implement them. The document also provides practical examples. So be sure to use this document when taking stock of whether the current policy within your company is still adequate.

2. Start on time

Although many manufacturers have allergen management well in place and the new policy does not officially take effect until Jan. 1, 2026, it is wise not to wait too long to transition to the new approach. Check with suppliers to see if they are aware of the new policy and if they comply with the guidelines in the document. In addition, for raw materials with potential cross-contamination, ask if the supplier can show a quantitative risk assessment. Especially for foreign suppliers, this may still be uncharted territory. Fortunately, there is also an English version of the guideline document so that foreign suppliers can also understand the new policy.

3. Take advantage of calculation tools and certifications

Do you have little experience with allergen management and risk assessment? Don't worry, you're not alone. You can use calculation tools such as VITAL and services from certifications such as SimplyOK. Some customers already require the use of VITAL, for example, or will do so in the future. If you also want to require this of your suppliers, it is wise to indicate this already in the tender phase. This gives new suppliers enough time to get this right.

4. Keep an overview

During the transition to the new policy, it can be difficult to monitor for which products all the information is already ready and for which not yet. We therefore recommend that the new wording of the cross-contamination phrase (such as "may contain x") be printed on a package only when the product fully complies with the new policy. That way, for each product that rolls off the line, it is always clear whether it is approved or not.

5. Know the rules when exporting

Because this is Dutch policy, countries to which you export your products may not follow the same rules when it comes to placing a PAL. However, within the European Union, the principle of mutual recognition applies. When products comply with Dutch legislation and are also marketed here, other European countries may not refuse these products unless the government of the other country sees a danger in it. The new policy must be notified in Brussels for this to happen, which will happen soon. Several countries have been maintaining the same rules for some time. Belgium, for example, has already switched to the ED05 reference values. In addition, Codex Alimentarius is expected to include these reference values in the foreseeable future. Other countries will then most likely follow suit.

6. Check ingredient lists

Previously, the PAL was viewed by NVWA as a notification with no legal status. Thus, it was officially not allowed to be used. Because cross-contamination was unavoidable in certain cases, some producers saw no other way out than declaring the cross-contamination in the ingredient list. However, this declaration is incorrect because these allergens are not always present in the recipe. In addition, it excludes groups of consumers from consuming the product. Even in the new policy, stating unsubstantiated cross-contamination is not allowed. Therefore, for the assortment, check whether there are still products for which this 'solution' has been used, and adjust the packaging.

7. Prevention is better than cure (and mandatory).

Finally, throughout the process, it is important to remember that preventing the presence of allergens is the main goal. Before placing a PAL, you must verify that actually all possible measures against cross-contamination have been taken(Regulation 852/2004). These include separation in space and time of allergens and adequate cleaning of production lines and means of transportation.

Expectations for the future

Although the Ministry of Health, Welfare and Sport already published the new policy as a policy document, it has not yet been placed in the Government Gazette as a policy rule. That is expected to happen after notification of the policy in Brussels. The hope is that this Dutch policy can serve as an international example until there are guidelines from Codex Alimentarius that will lead to European harmonized legislation. That will take some time for now, and until then products on the Dutch market must comply with the new Dutch policy.