More Answers on Food Allergen Labeling

After January 1, 2006, Will I Still Find Products on the Supermarket or Grocery Shelf Without the Improved Labeling?
Yes. FALCPA does not require food manufacturers or retailers to remove or relabel products (from supermarket or grocery shelves) that do not reflect the additional allergen labeling, so long as the products were labeled before January 1, 2006. Therefore, the FDA advises consumers with allergies to always read a product's ingredient statement in conjunction with any "contains" statement.
Does FALCPA Require the Use of a "May Contain" Statement in any Circumstance?
No. Advisory statements are not required by FALCPA.
Are Flavors, Colors, and Food Additives Subject to the Allergen Labeling Requirements?
Yes. FALCPA requires that food manufacturers label food products that contain ingredients, including a flavoring, coloring, or incidental additive, that are, or contain, a major food allergen. Plain English must be used to identify the allergens.
Are There Any Foods Exempt From the New Labeling Requirements?
Yes. Under FALCPA, raw agricultural commodities (generally fresh fruits and vegetables) are exempt, as are highly refined oils derived from one of the eight major food allergens and any ingredient derived from such highly refined oil.
Can Food Manufacturers Ask to Have a Product Exempted From the New Labeling Requirements?
Yes. FALCPA provides mechanisms by which a manufacturer may request that a food ingredient covered by FALCPA may be exempt from FALCPA's labeling requirements. An ingredient may be exempt if it does not cause an allergic response that poses a risk to human health or if it does not contain allergenic protein.
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