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Health eHeadlines

Food Allergen Labeling Law to Go into Effect January 1, 2006
HealthNewsDigest.com

December 26, 2005

(HealthNewsDigest.com).. On January 1, 2006, the Food Allergen Consumer Protection Act of 2004 (FALCPA), which requires food labeling of the eight major foods or food groups that are considered allergens, will go into effect. According to the Food and Drug Administration (FDA), these groups, which include milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat and soy beans, are responsible for 90 percent of all documented allergic reactions.

Its important to note that according to FDA, FALCPA does not require food manufacturers or retailers to re-label or remove products without the new labeling already on store shelves as long as the products were labeled before the effective date of January 1, 2006. As a result, FDA has cautioned consumers that there will be a transition period of undetermined length where consumers may see products without the revised allergen labeling.

Briefly, FALCPA requires either: a stand alone statement on a conventional food or dietary supplement label that includes the word Contains, followed by the name of the food source from which a major food allergen is derived; or a listing of the common or usual name of the major food allergen in the list of ingredients followed, in parenthesis, by the food source from which the major food allergen is derived. In those cases where there is a specific tree nut, fish or crustacean, the specific type of nut or species of fish or crustacean is required.

This law is self-implementing, which means FDA is not required to propose additional rules. However, FDA has published an industry guidance on the statute to provide its interpretation of the requirements. The guidance can be found on the FDA Web site at www.cfsan.fda.gov/~dms/alrguid2.html. For additional information, visit the FDAs Web page devoted to allergen labeling issues at www.cfsan.fda.gov/~dms/wh-alrgy.html.

NNFA has communicated extensively about FALCPA and recently hosted an audioconference about the law targeted to supplier members. Members who would like a copy of the CD or transcript of the conference can simply reply to this e-mail. Please be sure to include contact information, shipping address and member number.

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