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S. L. TAYLOR, Food Allergy Research and Resource Program, Univ. of Nebraska-Lincoln, Dept. of Food Science and Technology, 143 Food Industry Complex, Lincoln, NE 68583-0919 The FALCP Act of 2004 will mandate many labeling changes for ingredients derived from allergenic sources. FALCPA requires the implementation of "plain English" labeling for such ingredients if derived from commonly allergenic sources (milk, eggs, fish, crustacean shellfish, peanuts, soybeans, tree nuts, or wheat). For example, casein or whey will have to be declared as being derived from milk, and semolina as being derived from wheat. Additionally, any ingredient derived from a commonly allergenic source, as defined above, will need to be declared on the ingredient statement with the identification of the source of that ingredient. The only exemption is made for highly refined oils which are documented to be nonallergenic. No exceptions are made for ingredients that have not historically been specifically included in ingredient statements, such as flavorings, spices and seasonings, and processing aids. The level of use of the ingredient does not allow an exemption from these new labeling provisions. Many commonly used ingredients will now need to be declared by source, such as soybean lecithin and lactose (milk). For fish, crustacean shellfish, and tree nuts, the specific species must be listed. Thus, fish gelatin must be declared as cod gelatin or tuna gelatin. The new law does provide a notification process whereby industry may notify FDA that they will not do source labeling if (and only if) the ingredient contains no protein. However, with highly sensitive analytical methodology, few, if any, ingredients will be proven to contain no protein. The new law also provides for a petition process whereby the industry may petition FDA with respect to these new labeling provisions, but a petition process has yet to be established by FDA at the time of the preparation of this abstract. The new law goes into effect in January 2006 and does not require FDA rulemaking.
Session 8, Implications of the Food Allergen Labeling and Consumer Protection Act (FALCPA) of 2004
2005 IFT Annual Meeting, July 15-20 - New Orleans, Louisiana |