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Understanding FALCPA
(the Food Allergen Labeling & Consumer Protection Act of 2004)

FAI played a major role in the passage of FALCPA, which requires that food labels on products manufactured after January 2006 clearly identify the source of ingredients derived from these eight major food allergens:

• Milk Allergy
• Egg Allergy
• Soybean (Soya) Allergy
• Wheat Allergy
• Peanut Allergy
• Tree Nut Allergy – the specific tree nut must be identified
• Fish Allergy  - the specific fish species must be identified
• Crustacean Shellfish Allergy - the specific species must be identified (e.g. shrimp, lobster, crab). Mollusks (e.g. clams, oysters, scallops) are not considered “major allergens” under FALCPA.

FALCPA requires the presence of a major food allergen to be listed on the product label in at least one of the following ways*: 

(1)      In the ingredient list, for example:  milk, egg, or soy;
(2)      Parenthetically, following the food protein derivative, for example: casein (milk);
(3)      Below the ingredient list in a “contains” statement for example:  Contains:  milk, wheat. 

* Please note that only one of these methods is required, therefore do not depend upon looking only for “contains” statements.

 MORE THINGS TO KNOW:

• Any amount of a major food allergen that is an ingredient, or used in processing, must be labeled, even if it is only a minor ingredient such as in a spice, flavoring, coloring, additive, or used merely as a processing aid in a product.  However, highly processed oils (for example, soy) are exempt.
• IMPORTANT:  The law only applies to the eight foods/food groups that are considered the “major allergens.”  For allergies to other foods (such as seeds, garlic or any others) you still need to call the manufacturer to know if ingredients labeled with non-specific terms (e.g. “spice”, “natural flavoring”) contain a food you are avoiding.
• Advisory labeling such as “may contain [allergen]” or “produced in a facility that also produces [allergen]” is voluntary and not covered by this law.  Therefore, the absence of a “may contain” statement does not mean that there is no risk of cross contact of allergen with the product. You may notice some kosher dairy products do not list milk as an ingredient.  This is due to the potential for milk contamination in the product.  Only intentional ingredients need to be listed on the product label. You may need to contact manufacturers for more information about the risk of cross contact.

View the Food Allergen Labeling & Consumer Protection Act of 2004.

FAI is grateful to the Jaffe Food Allergy Institute for providing this information.