“Contains” vs “may contain”: getting precautionary allergen labelling right

Two short phrases on an allergen card do very different jobs — and one of them is widely misused.

"Contains" is a statement of fact. If one of the 14 regulated allergens is a deliberate ingredient, it must be declared — that isn't optional. Under Regulation (EU) No 1169/2011 (retained in UK law), the 14 allergens in Annex II have to be made clear wherever they're present. (Source: Regulation (EU) No 1169/2011, Annex II — legislation.gov.uk.) If the 14 themselves are fuzzy, we set them out in the allergen matrix guide.

"May contain" — precautionary allergen labelling (PAL) — is something else entirely. It flags the unintended presence of an allergen through cross-contact: shared equipment, a shared fryer, airborne flour. And here's what many kitchens get wrong: it is voluntary, and it is not a catch-all disclaimer.

Note: this is general information, not legal advice — confirm your obligations with the FSA and a suitably qualified professional.

What the FSA actually says about "may contain"

The Food Standards Agency is clear that a precautionary label "should only be used when, following a risk assessment, a risk of allergen cross-contact ... is identified that cannot be removed through risk management actions" such as separation or cleaning. (Source: FSA, "Precautionary allergen labelling", food.gov.uk.)

And it warns the other way too: using PAL "when no genuine risk to the consumer has been identified, could be considered to be misleading food information." Voluntary statements "must not mislead consumers, or be ambiguous or confusing." (Source: FSA, food.gov.uk.)

In plain terms: putting "may contain nuts" on everything to cover yourself isn't the cautious option — it can be misleading, and it quietly strips away safe choices from people who already have very few. (We see this often; that's our practitioner view, not a legal rule.)

So when do you use each?

• A deliberate ingredient — or an allergen inside a bought-in component → "Contains." Required.
• A real, assessed cross-contact risk you genuinely cannot design out → "may contain," used precisely.
• No genuine risk identified → say nothing precautionary. Don't pad the label.

The dividing line is a risk assessment, not a reflex. (Source: FSA, food.gov.uk.)

Why it's hard in a real kitchen

The "contains" calls are factual but easy to miss on a composite dish — the egg in the mayonnaise, the soy in the marinade, the gluten in a stock. The "may contain" calls need judgement: a shared fryer is a real risk; a sealed, single-ingredient packet handled on a cleaned surface usually isn't. Both change when recipes and suppliers change. The danger is treating either as a label you set once and forget.

Where PlateProof fits

PlateProof keeps the two distinct and evidenced. A confirmed allergen prints as a definite Contains; a precautionary one prints as a clearly separate may contain note — and a "may contain" never hides or softens a confirmed "contains." The named chef makes the call, and you hold the record of who decided and when. See it on your own dishes.

Sources

• Food Standards Agency — Precautionary allergen labelling: https://www.food.gov.uk/business-guidance/precautionary-allergen-labelling
• Regulation (EU) No 1169/2011 on the provision of food information to consumers, Annex II — legislation.gov.uk