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Tips for managing food allergens
By Beatrice Povolo
February 15, 2012
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 Food allergies are a growing public health concern in Canada, affecting over 1.3 million Canadians. As there is no cure for food allergies, these individuals must avoid the foods they are allergic to in order to stay safe and prevent a potentially life-threatening allergic reaction (anaphylaxis). Food allergic consumers and those who care for them, look to the restaurant and foodservice industry for support—both when dining out and purchasing food products.
In July 2011, a precedent setting ruling was made in Saskatchewan, creating significant implications for the Canadian restaurant and foodservice industry. A judge ruled that a local hotel restaurant owner and a server were liable after an American tourist suffered a severe anaphylactic reaction in 2006. The judge also ordered the restaurant to pay $25,000 in damages.
Brian Martin was on a hunting trip in Melfort, Sask., when he stopped for lunch at a local restaurant. He told the server that he was allergic to nuts and asked if there were any nuts in the cheesecake he planned to order. The server told him there weren’t any nuts in that dessert and served it to him. After the first bite, Martin knew there were walnuts in the cake. He rushed to the local hospital, where he went into anaphylactic shock. Fortunately, Martin recovered from the incident after receiving medical treatment.
Duty of care
The judge found that the server and the restaurant were responsible to provide ‘a duty of care’ when serving a customer who identified himself with food allergies, but failed to do so. The ruling* stated: “The standard of care for (the server) was to ascertain that the cheesecake did not contain nuts, something that Mr. Martin would have done himself if he had been acquiring the cheesecake directly.” It further indicated that, “Determining whether the cheesecake contained nuts would have been an easy task. (The server) could have asked the head cook at the restaurant, or she could have read the ingredients listed on the packaging.” As such the judge ruled that the server breached the standard of care and that the anaphylactic reaction was caused because of it.
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In this case, the judge found that the restaurant also breeched its duty and stated, “Duty of care exists in the context of a customer advising that he has a nut allergy and then asking whether there are nuts in a particular food being offered by the restaurant. In that circumstance, the restaurant’s duty extends to ensuring that its employee, who is serving the customer, knows that she should ascertain the ingredients so as to give an accurate answer to the customer and so as to avoid serving to the customer a food that may cause the customer sickness or may endanger his life.”
Safeguards for prevention
This ruling highlights a number of key safeguards that need to be in place to prevent this type of situation. First, the need for clear and accurate communication between diners and restaurant staff; second, access to complete ingredient information for all food served and prepared in a restaurant or foodservice establishment; and finally, the need for greater staff training on managing food allergy requests.
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While allergic consumers are responsible for informing staff of their allergies when dining out and taking the necessary precautions they need to stay safe (e.g., carrying an epinephrine auto-injector), they also count on the support of those in the foodservice industry.
Safely managing food allergies is an ongoing process that can be achieved through ongoing vigilance and the commitment to provide a duty of care to consumers. In doing this, you will demonstrate your willingness to provide consumers with access to the information they need to make informed and safe choices.
By working toward practical solutions that are both reasonable and effective, you also create a safer environment. These positive business practices will benefit allergic individuals and allow you to develop a new and expanding group of brand loyal consumers.
As more consumers are looking for safe choices, there is a higher demand for accurate ingredient information, often resulting in more inquiries about food preparation, which you and your staff will be asked to address.
Important elements of an allergen management policy
There are a number of important issues to consider, beginning with an allergen management policy that outlines your key strategies and is shared with all staff. Important elements that should be included in your policy are:
- Building staff awareness and understanding of the seriousness of food allergies and how staff can help minimize the risk for allergic consumers
- Access to complete ingredient information for staff that can be shared with consumers
- Process to identify and manage potential risks (i.e. cross-contamination)
- Establishment of a general policy and implementation plan
- Method to inform and train staff on the policy and plan
- Effective methods of communication with consumers
- Preparation of an emergency plan for responding to allergic reactions
Where to find more information
The Canadian Restaurant and Foodservices Association has recently updated its guidelines to better help the industry develop allergen management policies. For more information please visit www.restaurantcentral.ca/FoodAllergiesGuide.aspx.
*Source: Martin v Interbooks Ltd, 2011 SKQB 251 (CanLII) http://www.canlii.org/en/sk/skqb/doc/2011/2011skqb251/2011skqb251.html.
See also:
About the author
Beatrice Povolo, is the Director of Marketing and Communications for Anaphylaxis Canada, www.anaphylaxis.ca.
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