According to Regulation (EU) No. 1169/2011, restaurateurs are required to clearly note on menus, registers, signs or other technological supports, all dishes that may contain allergens included in Annex II of the aforementioned Regulation, so that they are always visible to their guests.
By virtue of the same Regulation, the restaurateur is also required to provide adequate training on the matter to the dining room and kitchen staff, in order to avoid risks during the service.
In addition to administrative sanctions ranging from €3,000 to €24,000.00, as provided for by Legislative Decree no. 231/2017, implementing the aforementioned European regulation, the restaurant entrepreneur may be called upon to respond civilly and to compensate for damages resulting from allergic reactions due to foods administered due to incorrect or missing information on allergens.
Liability may also be criminal - for injuries or manslaughter - in the most serious cases, where it is proven by the damaged customer that such events were etiologically determined by failure to comply with the rules on the communication of allergens.
It is of course understood that, if the obligations to inform or request communication about allergens are correctly fulfilled by the owner of the establishment or the service employee, the consequences deriving from the failure to communicate at the time of booking or ordering remain the responsibility of the allergic customer.
In conclusion, the responsibilities that weigh on the restaurateur are very specific ones resulting from the fact that, since it is a food and beverage business, food hygiene and the health of customers must always be protected.
Edited by; Alessandro Klun
(@acenacondiritto)