Food Allergen Labeling and Consumer Protection Act of 2004 in Effect

Abstract

On January 1, 2006, the Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) ( 1 US Food and Drug Administration, Center for Food Safety and Applied Nutrition. Food Allergen Labeling and Consumer Protection Act of 2004 (Title II of Public Law 108-282). August 2, 2004. Available at:http://www.cfsan.fda.gov/∼dms/alrgact.html. Accessed January 3, 2006. Google Scholar ) took effect, making it easier for consumers to identify the eight most common food allergens. The FALCPA amended section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343), which is enforced by the Food and Drug Administration (FDA). The FALCPA requires that the labels of all FDA-regulated food products, labeled on or after January 1, 2006, clearly state whether a food or an ingredient found in a food is or contains a “major food allergen.” The FALCPA defines “major food allergen” as one of the following eight foods/food groups or an ingredient that contains protein derived from one of them: milk; eggs; fish (eg, bass, flounder, cod); crustacean shellfish (eg, crab, lobster, shrimp); tree nuts (eg, almonds, pecans, walnuts); wheat; peanuts; and soybeans. Congressional findings in the FALCPA state that these allergens are responsible for 90% of food allergies. Tricia Thompson, MS, RD, a nutrition consultant in Manchester, MA Rhonda R. Kane, MS, RD, consumer safety officer, Food Labeling and Standards Staff, Food and Drug Administration, College Park, MD Mary H. Hager, PhD, RD, senior manager, Regulatory Affairs, in ADA’s Washington, DC office.