Niall Collins (Limerick County, Fianna Fail)
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2749. To ask the Minister for Health if she is aware of the practice known as gluten washing in the marketplace; if there are any proposed actions to address this practice and how it is impacting the consumer; and if she will make a statement on the matter. [41832/25]

Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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The practice of “gluten washing” has not been raised with the Department of Health or the Food Safety Authority of Ireland (FSAI) to date.

Food safety policy is a priority for my Department, and this is informed by scientific advice from the Food Safety Authority of Ireland (FSAI) and from the European Food Safety Authority (EFSA).

The term gluten washing can refer to the routine practice in milling and baking processing of assessing the quality of the wheat flour to be used to make different bread products. The term washing can also be used in the context of labelling or information that implies a product is better than similar products.

Regulation (EC) No 852/2004 on the hygiene of foodstuffs sets out the general rules for food business operators on the hygiene of foodstuffs. Chapter IX, of this Regulation Provisions applicable to foodstuffs, point 9. provides that equipment used for preparing or storing foods containing allergen(s) must not be used for foods not containing that allergen(s) unless it has been cleaned and checked.

Regulation EC 178/2002 (General Food Law) provides the legal framework for ensuring food safety and consumer protection within the European Union requiring that foods placed on the market must be safe.

Regulation (EU) No. 1169/2011 on the provision of Food Information for Consumers (FIC) sets out the general principles and obligations regarding the provision of food information to consumers. This Regulation sets out the requirement to declare the use of 14 food allergens, listed in Annex II, when they have been used in the production and/or processing of foods. Food Business Operators (FBOs) are required to declare details of the 14 allergens present in food on all prepacked foods either in the list of ingredients where there is one, or using the word “Contains...” followed by the name of the food allergen.

For non-prepackaged food, the food allergens must be declared in accordance with S.I. No 489 of 2014 on the Health (Provision of Food Allergen Information to Consumers in respect of Non- Prepacked Food) Regulations 2014. This national legislation requires that food businesses declare the 14 EU priority allergens in written format when they are used to produce or prepare non-prepackaged food. The written information must be in clear legible script and indicated at the point of presentation, sale or supply of the food such that it is freely and easily accessible before the sale or supply of the food.

The FIC Regulation, Article 7, Fair information, practices also requires that food information shall not be misleading and must be accurate, clear and easy to understand for the consumer. This Article also specifically provides that food information may not mislead the consumer:

“by suggesting that the food possesses special characteristics when in fact all similar foods possess such characteristics, in particular by specifically emphasising the presence or absence of certain ingredients and/or nutrients”.

Should the Deputy suspect that either unsafe food is being placed on the market or food information governed by the FIC regulation is misleading consumers, the issue should be referred to the FSAI who can investigate the matter.