The New Labeling Laws - FALCPA

Accurate and reliable information about ingredients is critical for people with life threatening food allergies. Current labeling regulations in the United States regarding allergens require that all ingredients be listed on a food label – except flavorings and spices. These are not required to be individually named. Unfortunately, both natural and artificial flavors can contain just about anything edible, including nuts, peanuts, dairy, eggs, and fish, and have caused severe reactions.

In 2006, however, it will be possible to tell from a food's label whether or not it is safe. The new Food Allergen Labeling and Consumer Protection Act (FALCPA) was passed by Congress on July 21, 2004 and signed into law by President Bush. FALCPA takes effect on January 1, 2006, and only affects food manufactured on or after that date. Food manufactured prior to this date without the new labeling requirements will still be on the shelves for some time after the law takes effect. (Back to It's the Law)

FALCPA Requirements

• Food manufacturers must identify all ingredients in a food product containing one or more of the eight major allergens (milk, eggs, fish, shellfish, tree nuts, wheat, peanuts and soybeans).

• The allergen(s) must be identified using common names in one of three ways.

o List the allergen on the ingredient list. For example: MILK, listed with other ingredients.

o Use the word “Contains” followed by the name of the major food allergen, printed at the end of the ingredient list or next to the ingredient. For example: CONTAINS MILK.

o Use parenthetical statements to clarify technical ingredient terms. For example: CASEIN (MILK), ALBUMIN (MILK) or WHEY (MILK).

• The major allergens contained in spices, flavorings, colorings and incidental additives must also be declared. In other words, no longer will you have to wonder whether the natural flavor listed in pancake syrup is derived from peanut. FALCPA also requires the FDA to do the following.

• Conduct inspections of facilities where food is manufactured, processed, packed or held.

• Examine how foods are unintentionally cross-contaminated during manufacturing and processing.

• Estimate how common this cross-contamination is.

• Provide recommendations on how to address the problem of contamination.

• Determine the best way to inform consumers with food allergies about the risk of cross-contact.

FALCPA requires the Secretary of Health and Human Resources to develop and establish rules for the voluntary labeling of products using the term “gluten-free” by January 2008.