The New Food Allergen Labeling Law is Here
added 02/06/08
by Mary Saucier Choate, M.S., R.D., L.D.
At last, the roughly two percent of US adults (about three million) and about five percent of US infants and young children who suffer from food allergies will have the information they need to avoid a dangerous reaction to allergy-producing foods.
The new Food Allergen Labeling and Consumer Protection Act (FALCPA) directs the US Food and Drug Administration (FDA) to require that food allergens be clearly listed on labels. The law goes into effect on January 1, 2006, for food labels produced on or after that date.
Eight allergens— milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, and soybeans—account for 90 percent of all food allergies. The presence of any of these foods must be declared on the product package. Consumers can read the ingredient list for the common “plain English” name of the allergen, or find it named in a parenthetical statement, such as “albumin (egg).”
What about oils extracted from these foods? It is the protein component of foods that causes food allergies.
- Refined oils, including those used in salad dressings or spreads made with refined oil, do not pose a problem to allergy sufferers as long as no other allergenic ingredients are present.
- However, unrefined oils, such as “mechanical-pressed” or “cold-pressed,” are not highly refined, and may contain protein in the extracted oil. It is not certain that these less-refined oils are safe for allergic individuals.
What Categories of Food are Covered by the Law?
The new law applies to packaged foods, dietary supplements, infant formula, and medical foods. It also requires that an ingredient such as a flavor, color, or incidental additive that is or contains one of the major food allergens be explicitly identified on the food label.
The law’s requirements apply to all packaged foods sold in the U.S. regulated by the FDA, including imported foods. The US Department of Agriculture (USDA), which regulates meat products, poultry products, and eggs products, is in the process of developing food allergen regulations similar to the new FDA law.
Work Still Remains to be Done
By February 2, 2006, the Secretary of Health and Human Services is required to submit a “Report on Food Allergens” to Congress. The report will analyze the issues surrounding the unintentional cross-contamination that may occur when allergen-containing and allergen-free products are made on the same food processing equipment. The comprehensive report will also evaluate and make recommendations on national food allergy monitoring, food code revisions for private and public eating establishments, and for the coordination of food allergen research.
Those with Celiac Disease Must Still be Careful
Barley and rye, in addition to wheat, are toxic to those with celiac disease, but are not among the eight major allergens required to be listed in the new law. A food may be wheat-free, but still contain barley or rye or a derivative of these grains and so be off-limits to those with celiac disease.
Celiacs will have to remain vigilant label readers until the term “gluten-free” is legally defined. The Secretary of Health and Human Services will issue a proposed rule to define, and permit the use of, the term “gluten-free” on the labeling of foods by August 2, 2006. By August 2, 2008, the final rule will be issued.
