is clearly signposted and underpinned by adequate staff training and internal procedures. In addition to allergen-related rules, Member States may introduce further requirements applicable to non-prepacked foods. Some jurisdictions, such as Poland, have imposed obligations to disclose not only allergenic content but also the precise name and composition of dishes26. These additional layers of regulation reflect the evolving consumer demand for transparency and the growing importance of dietary, health-related, and ethical considerations in food choice. Importantly, the obligation to provide accurate and non-misleading food information applies not only to formal labelling, but also to all forms of consumer communication in the restaurant sector. Pursuant to Article 7 of FIC, any omission or presentation of information that misleads the average consumer as to the characteristics or composition of a food is prohibited, irrespective of whether the food is prepacked. This provision applies equally to non-prepacked foods and verbal or visual descriptions used in restaurant menus or staff communication. For example, describing reconstituted or artificial ingredients as if they were authentic or traditional components, may constitute a violation of the Regulation’s general principles. The legal assessment is based not only on the factual correctness of the terms used, but also on the overall impression created in the mind of the average consumer27. Furthermore, in restaurant settings, the FIC Regulation imposes formal requirements regarding the legibility, visibility, and accessibility of food information. Such information must be clearly presented, easily readable, and made available in a manner that enables consumers to consult it without undue effort. Information that is visually obscured, placed in fine print, or posted in an inaccessible location may be considered in breach of this standard, especially where it relates to substances with known health risks, such as allergens. These principles apply also in contexts where written or printed information is provided voluntarily or in fulfilment of national obligations28. Failure to fulfil these obligations may result in administrative 26 M. E. Wardyn, R. Piórkowski, Jakie obowiązki informacyjne wobec konsumentów mają restauratorzy, Wiedza i Jakość nr 1 (74)/2024 str. 29-33, https://www.gov.pl/web/wijhars-olsztyn/jakie-obowiazki-informacyjne-wobeckonsumentow-maja-restauratorzy (access: 1.05.2025). 27 https://food.ec.europa.eu/food-safety/labelling-and-nutrition/food-information-consumers-legislation/voluntaryfood-information_en (access: 1.05.2025). 28 M. E. Wardyn, R. Piórkowski, Jakie obowiązki …; Kontrola sanepidu. Jak dostosować restaurację do wymogów?, https://wealthon.com/blog/kontrola-sanepidu/ (access: 1.05.2025). 549 THE REGULATION OF RESTAURANT SERVICES CONSUMED ON-SITE IN EU CONSUMER LAW
RkJQdWJsaXNoZXIy MTE4NzM5Nw==