Food allergies, commonly referred to as the “Big Eight”, include peanuts, milk, eggs, soy, wheat, tree nuts, fish and crustacean shellfish (1-3).
Food law mandates that products or ingredients that contain major allergens be clearly labeled. An advisory statement, such as “may contain”, may also appear on labels.
The Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA)
Nearly 10 years ago, Congress passed FALCPA to create food labeling requirements in order to help those with food allergies avoid foods which might trigger dangerous allergic reactions. This law identified eight major food allergens (milk, egg, wheat, fish, crustacean shellfish, tree nuts, peanuts and soybeans) which account for 90 percent of food allergies. FDA regulations mandate that they be clearly marked on an ingredient list in any product containing such allergens. Food items with ingredients known to cause allergies will typically be listed with their common or usual names and allergenic components listed together on a label, with some ingredients needing to be separately sourced (for instance lecithin from soy beans) before listing with their regular name on it (e.g. lecithin (soy beans)).
This law also establishes that refined oils derived from major food allergens do not need to be individually labeled, but must instead be clearly marked “containing [allergen].” In addition, good manufacturing practices and allergen preventive controls must be put in place before any company may use advisory statements such as “may contain.”
Consumers suffering from food allergies can use this new information to make more informed choices when selecting groceries, however it does not apply to alcoholic beverages regulated by the Department of Treasury or meat, poultry and eggs under supervision from the Department of Agriculture which often contain undeclared allergens that remain hidden by labelling terms such as “flavoring” or “contains flavoring”.
The Food and Drug Administration (FDA)
The Food and Drug Administration (FDA), part of the Department of Health and Human Services, oversees food safety regulations for products such as tobacco products, dietary supplements, pharmaceutical drugs (both prescription and over-the-counter), vaccines, medical devices and animal foods/feed.
The FDA is responsible for overseeing new medications through clinical trial approval processes, which requires drug companies to demonstrate that any potential benefits outweigh potential risks. After they hit the market, safety of these products are closely monitored; any adverse events occurring should prompt immediate action by regulators.
Additionally, the FDA oversees inspections of production facilities that produce food, medicine and other items regulated by them – these inspections include production facilities that produce dietary supplements, animal foods and feed, biological goods and blood products.
The FDA regulates food labeling to inform consumers about what’s in their meals and provide accurate labeling requirements. They have developed two sets of fact sheets designed specifically for Adult Day Care centers to comply with labeling requirements; one contains information on all nine major food allergens while the other, tailored towards Child Care Center program operators, includes tips on identifying and avoiding potential food allergens within their facilities. You can download both sets from CFIA website.
Food Allergen Labeling Requirements
Law requires packaged food containing one of eight major food allergens (milk, eggs, wheat, peanuts, soya tree nuts fish and crustacean shellfish) to include a statement with “contains” either at or immediately following its ingredients list. In addition, bolded allergen summary statements beginning with “contains” must also be provided near its ingredient list to assist allergic consumers identify foods containing such allergens more quickly. This makes identification simpler.
Ingredients that contain proteins derived from major food allergens but that were not produced in the same plant must also be declared on labels. This includes cereal grains such as wheat, barley and rye as well as hybrid varieties; gluten-containing cereals like oats and triticale must also be disclosed as they come from these sources. Finally, any highly refined oils made with such sources must also be declared.
Warning labels or “may contain” statements aren’t required by the Food Allergen Labeling and Consumer Protection Act; however, some manufacturers provide them for low-risk products which they deem likely to become contaminated through unintentional contamination. Phrasing may differ and these warnings should not be seen as safe alternatives to listing allergens within ingredient lists.
The new rules for allergy labelling will take effect on 25 February 2024, though products labelled before this date may continue to be sold if their allergens were declared using the old requirements for labeling.
Food Safety
Food safety is one of the keystones to avoiding severe allergic reactions and hypersensitivities. The Food and Drug Administration enforces regulations mandating that all packaged food and drinks list their ingredients; additional labeling requirements exist for allergens and chemicals known to trigger hypersensitivities, and allergens that trigger hypersensitivities may require special labeling requirements. It’s also crucial to use multiple strategies for eliminating or minimising indoor allergens like dust mites and pet dander that trigger asthma attacks.
Allergens can be found in many products, from packaged foods and beverages to fresh produce, meat, dairy products, eggs, and fish. Most pre-packaged food will feature an ingredient list in decreasing order; in addition, advisory statements like’may contain” or “produced in a facility that uses” may also appear on some packages; although these statements aren’t required by law they do address unavoidable cross-contact between foods with different allergen profiles using similar equipment or production lines and ineffective cleaning processes that generate dust or aerosolized allergens containing allergens containing allergens containing allergens containing dust/aerosols that containing allergens containing dust/aerosols.
Food businesses that serve unpackaged foods, like meals served in restaurants or cafes, must comply with the food standards code by providing allergy information and warning statements upon request from consumers with allergies. Consumers with food allergies should read ingredient labels and “may contain” advisory panels carefully, and try to select establishments known for providing safe, quality cuisine.
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