Allergen Update

Changes may occur soon within the food industry in relation to labeling and allergenic substances.  The Food Allergen Labeling and Consumer Protection Act was unanimously approved by the Senate Health, Education, Labor and Pensions Committee on September 25.  It will be considered by the full Senate.  Companion bills first introduced in May 2002 would: 

  • Amend section 403 of the Federal Food, Drug, and Cosmetic Act to impose new labeling requirements for allergenic substances in foods by Jan. 1, 2006

  • Direct the FDA to examine "cross contact" and "may contain" labeling

  • Increase allergen inspections

  • Promote research and the publication of data on food allergens

  • Mandate that FDA and the states work together in revising the Food Code to provide guidelines for preparing allergen-free foods in food establishmentsfoods

The bill also specifies that a product is misbranded if it intentionally contains a major food allergen unless the common or usual name of the allergen is followed in parentheses by the name of the food source.  Or immediately following or adjacent to the ingredients is a statement that the food "contains" the food source of the allergen. 

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