Allergen Labelling & Law

Natasha's Law Penalties: Fines, Enforcement and Liability

Natasha's Law Penalties: Fines, Enforcement and Liability

Natasha's Law does not set out its own separate fine. Instead, a failure to label PPDS food correctly is enforced through the wider framework of UK food law, and that framework carries serious consequences. The relevant duties sit within the Food Information (Amendment) (England) Regulations 2019 and the Food Information Regulations 2014, and breaches are pursued through enforcement powers that can lead to improvement notices, prosecution, and unlimited fines. If a customer is harmed, the stakes rise again. The law that created Natasha's Law exists because a young woman died from an allergen that was not declared, and enforcement reflects how seriously that risk is taken. This article explains what enforcement actually looks like in practice: the notices an Environmental Health Officer can issue, when a case becomes a prosecution, the scale of the fines, who in a business carries the liability, and the reputational damage that often outlasts any court penalty.

Key takeaways

Natasha's Law has no separate fine; breaches are enforced through the Food Safety Act 1990 and food information regulations
The usual first step is an improvement notice, and failing to comply with it is itself a criminal offence
Serious breaches are prosecuted and carry unlimited fines in England and Wales
Where a labelling failure causes death or serious harm, manslaughter charges against individuals or the business are possible
Liability rests with the food business operator, but directors and managers can be prosecuted personally

Enforcement: Inspections and Improvement Notices

Enforcement starts with the local authority. Environmental Health Officers and Trading Standards officers check allergen labelling during routine food hygiene inspections and in response to complaints. When an officer finds PPDS food without a compliant label, the first formal step is often an improvement notice under the Food Safety Act 1990. This is a written notice setting out what is wrong, what you must do to put it right, and a deadline (at least 14 days) to comply. Failing to comply with an improvement notice is itself a criminal offence. For more immediate risks, an officer can take stronger action, including requiring a product to be withdrawn from sale on the spot. Allergen failures also feed into your food hygiene rating, and repeated or serious problems can pull the score down. Most businesses that take the notice seriously and fix the problem avoid prosecution, but ignoring a notice, or repeating the same failure, moves a case toward court.

Prosecution and Unlimited Fines

Serious breaches are prosecuted in the criminal courts. Selling food that is not of the nature, substance, or quality demanded, or food that fails the labelling requirements, is an offence under the Food Safety Act 1990 and the food information regulations. In England and Wales, these offences carry an unlimited fine in the magistrates' and Crown courts. The level of fine reflects the seriousness of the breach, the size and turnover of the business, and any actual or potential harm caused. A large business with a systemic labelling failure can face a fine running into hundreds of thousands of pounds. Where a labelling failure contributes to a customer's death or serious injury, prosecutors can pursue more serious charges, including gross negligence manslaughter against individuals or corporate manslaughter against the business, which carry far heavier penalties. A conviction also brings legal costs and, often, a confiscation of any profit linked to the offending.

Who Is Liable and the Reputational Cost

Liability sits primarily with the food business operator, the legal entity (company, partnership, or sole trader) responsible for the business. But individuals are not shielded. Where an offence is committed with the consent, connivance, or neglect of a director, manager, or company officer, that person can be prosecuted alongside the business. A culture of "we left it to someone else" does not transfer the duty away from the people in charge. Beyond the courtroom, the reputational damage from an allergen failure is often the most lasting penalty. Cases involving harm attract national news coverage and spread quickly on social media, and a business name attached to a serious allergen incident can carry that association for years. Insurance may not help: a claim arising from a failure to meet basic legal labelling duties can fall outside cover, leaving the business to meet costs and compensation directly. The practical lesson is that the cheapest response to Natasha's Law is to comply from the start.
Allergen Labelling & Law

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What to do next

Treat any improvement notice as urgent

If you receive an improvement notice, act before the deadline and keep evidence of what you fixed. Failing to comply is a separate criminal offence.

Assign clear responsibility for allergen labelling

Name a person accountable for PPDS labels and document it. Clear ownership reduces the gaps that lead to breaches and shows due diligence.

Check your insurance covers allergen claims

Confirm with your insurer whether claims arising from labelling failures are covered. Do not assume cover applies to breaches of basic legal duties.

Common mistakes to avoid

Mistake
Assuming only the company, not individuals, can be prosecuted
Instead
Directors, managers, and officers can be prosecuted personally where an offence happened with their consent, connivance, or neglect.
Mistake
Believing insurance will always cover an allergen claim
Instead
Claims arising from a failure to meet basic legal labelling duties can fall outside cover. Check the policy and do not rely on insurance instead of compliance.

Frequently asked questions

What is the fine for breaching Natasha's Law?

There is no fixed fine. Breaches are prosecuted under the Food Safety Act 1990 and the food information regulations, which carry unlimited fines in England and Wales, scaled to the seriousness of the breach and the size of the business.

Can I go to prison for an allergen labelling failure?

Custodial sentences are possible in the most serious cases, particularly where a labelling failure causes death or serious harm and charges such as gross negligence manslaughter are brought. Most labelling breaches result in fines rather than imprisonment.

Who is responsible if a member of staff makes the mistake?

The food business operator is primarily liable. Individual directors and managers can also be prosecuted where the offence involved their consent, connivance, or neglect. Delegating the task does not remove the legal duty from those in charge.

What is an improvement notice?

It is a formal written notice from an Environmental Health Officer setting out a labelling failure, the action needed to fix it, and a deadline of at least 14 days. Failing to comply with it is a criminal offence in its own right.

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