Food Labeling

FSMA

The Food Safety Modernization Act (FSMA) placed greater importance on the control of major food allergens. The new law requires manufacturing facilities to identify and evaluate known or reasonably foreseeable hazards, and develop a written analysis of the hazards. For the purpose of FSMA, a hazard includes biological, chemical, physical, and radiological hazards, natural toxins, pesticides, drug residues, decomposition, parasites, allergens, and unapproved food and color additives, whether these hazards occur naturally, may be unintentionally introduced, or intentionally introduced through an act of terrorism. Along with a written analysis of hazards, facilities are also required to develop preventive control procedures, practices, and processes to significantly minimize or prevent the hazards identified in the written analysis. The law specifies that these preventive control measures may include a food allergen control program.

FASTER Act of 2021

Under the FASTER Act of 2021, sesame is being added as the 9th major food allergen effective January 1, 2023.  Until that time, manufacturers do not have to list it as an allergen, although in most cases it must appear in the ingredient statement. An exception is when sesame is part of a natural flavoring or spice. Another exception is when sesame is not in the common or usual name of a food (e.g., tahini, which is made from sesame seeds). In November 2020, to help consumers who are allergic or sensitive to sesame to avoid these products, the FDA issued a draft guidance to encourage manufacturers to voluntarily declare sesame in the ingredient list when it is used as a “flavoring” or “spice” or when the common or usual name (such as tahini) does not specify sesame.  The guidance is intended to help protect consumers who are allergic to sesame by encouraging manufacturers to identify all ingredients that contain sesame right now. ^[7]

Food Program Guidance Under Development

FDA Releases Draft Compliance Policy Guide on Major Food Allergen Labeling and Cross-Contact

Best Practices 

• Familiarize yourself on current federal laws and resources that assist food-allergic individuals with product labeling:
  • Food Allergen Labeling and Consumer Protection Act of 2004
  • Guidance for Food Industry: Q & A Regarding Food Allergen Labeling
  • Food Allergens - FAACT
  • How to Read an Ingredient Label (FDA)

• If a product does not have a label, it should not be eaten.

• Read labels each and every time before eating any food product.  Ingredients can change over time, or may vary depending upon the size of the product (e.g. jumbo vs snack size). 

• Statements advising that products may/might contain or are made in shared facilities with a food allergen are purely voluntary. Most companies do try to be helpful and highlight where there may be a possible risk. However, a product should not be considered “safe” just because it does not list these “maybe’s.” 

• Call the company to inquire about how their products are processed, their cleaning methods, and how items are packaged. 

• Seeking out products produced in a “dedicated” facility can add an additional level of security to ensure that food is safe. 

• Do a search on “allergy friendly” products to generate a list of allergy friendly food companies. 

• Carefully check items that are labeled “nut.” The U.S. Food and Drug Administration (FDA) classifies several items as “tree nuts” that are fruits, not tree nuts. These include coconut, lichee nut, shea nut, and Ginko nut. If you have tree nut allergies, talk with your board-certified allergist about whether to avoid these foods. 

• Only crustacean shellfish (e.g. crabs, shrimp, lobster, or crayfish) and not mollusks (eg. clams, mussels, scallops, or squid) are required to be labeled on packaged goods. 

• The labeling law applies only to foods regulated by the FDA.  Meat products, poultry products, and egg products that are regulated by USDA are not required to follow these labeling guidelines.  Contact the manufacturer if there are any questions about possible allergens. 

• Kosher labeling such as parve (or pareve) do not guarantee they are free of allergen and should not be relied upon in choosing allergy-safe foods. 

• Educate teachers, family members, your child, and yourself on the dangers of candies and foods manufactured during the holidays. Often times, candies are manufactured on shared lines that process allergens or may actually contain the allergen itself. 

• Pet foods often contain allergens, such as nuts, seeds, seafood, soy, etc. Use caution when feeding pets, and keep pet food out of reach of children with allergies. 

• Shampoos, soaps, medications, and other personal care products can contain allergens or items derived from allergens. Use caution when purchasing these products and always check the ingredients prior to use. Many of these products do not pose harm to food-allergic individuals. If this situation arises, discuss this with your physician to see if it is safe to use these products.  

• For products labeled non-dairy, check the ingredients list to ensure a derivative, or another form of dairy, is not present. 

• Allow children to participate in label reading at the grocery store. This will help build their confidence and help them make informed decisions, as they get older. 

Data has indicated that many allergic individuals have unknowingly tolerated very small amounts of allergens that were not labeled (e.g., products that get labeled “may contain” after some time on the market).  If this happens, discuss this with your physician if it may be safe to continue to include the food in the diet.

References

[1] Food Allergen Labeling and Consumer Protection Act of 2004. Public Law 108-282, Title II. https://www.fda.gov/food/food-allergensgluten-free-guidance-documents-regulatory-information/food-allergen-labeling-and-consumer-protection-act-2004-falcpa