Food Allergy Labeling and Consumer Protection Act - PowerPoint PPT Presentation

Loading...

PPT – Food Allergy Labeling and Consumer Protection Act PowerPoint presentation | free to view - id: 25fda-Nzc4Y



Loading


The Adobe Flash plugin is needed to view this content

Get the plugin now

View by Category
About This Presentation
Title:

Food Allergy Labeling and Consumer Protection Act

Description:

Tree nuts must identify specific nut such as 'almond,' 'pecan,' 'walnut' ... Contains: wheat, milk, pine nuts and peanuts. FALCPA LABELING FORMAT ... – PowerPoint PPT presentation

Number of Views:415
Avg rating:3.0/5.0
Slides: 23
Provided by: Hog3
Category:

less

Write a Comment
User Comments (0)
Transcript and Presenter's Notes

Title: Food Allergy Labeling and Consumer Protection Act


1
  • Food Allergy Labeling and Consumer Protection Act

  • Joseph A. Levitt
  • Hogan Hartson L.L.P.
  • Washington, D.C.
  • March 2005

2
Topics to Cover
  • Background
  • New Labeling Requirements
  • Other Provisions

3
FALCPA
  • Review of Legislative History
  • President signed into law the Food Allergy
    Labeling and Consumer Protection Act in August
    2004
  • Amended the FFDCA and establishes specific
    labeling requirements for the Big 8 Major
    Allergens

4
FALCPA
  • Prior to FALCPA
  • Complete list of ingredients
  • Exception for incidental additives
  • Generic labeling of spices, flavors, colors
  • Allergenic foods had to be identified by common
    or usual name (e.g., casein, whey)

5
Major Allergen
  • The term major food allergen means any of the
    following
  • 1) milk, egg, fish (e.g., bass, flounder),
    Crustacean shellfish (e.g., crab, lobster, or
    shrimp), tree nuts (e.g., almonds, pecans, or
    walnuts), wheat, peanuts and soybeans

6
Major Allergen (contd)
  • 2) A food ingredient that contains protein
    derived from a food specified in paragraph (1),
    except
  • (A) Any highly refined oil derived from a food
    specified in paragraph (1) and any ingredient
    derived from such highly refined oil.
  • (B) A food ingredient that is exempt under
    paragraph (6) or (7).

7
FALCPA Labeling
  • The Big 8 allergens must be labeled by common
    English names specific to the allergen source
  • FDA can modify the list by regulation
  • Labeling applies to ingredients derived from the
    Big 8 allergens that contain protein

8
FALCPA Labeling
  • Requires labeling for flavors, colors, and
    incidental additives
  • Contains exceptions
  • Highly refined oils
  • Refined, bleached, deodorized oils
  • C/U name of such oils has always required
    identification of source oil (e.g., peanut oil,
    soy oil)

9
FALCPA Labeling
  • FDA can exempt ingredients via
  • Premarket Notification
  • Available when scientific evidence shows that the
    ingredient does not contain an allergenic
    protein
  • Available when, as part of a food additive
    review, FDA concludes that the ingredient does
    not cause allergic response posing a risk to
    health
  • Unavailable as part of GRAS notification review

10
FALCPA Labeling
  • FDA can exempt ingredients via
  • Petition
  • Available for those ingredients that are
    ineligible for the notification
  • Requires data showing that the ingredient does
    not cause allergic response posing risk to human
    health
  • Petitioner has burden of proof

11
FALCPA LABELING FORMAT
  • Contains ____
  • Must list all major food allergens in the
    product
  • Must be immediately adjacent to the ingredient
    statement

12
FALCPA LABELING FORMAT
  • Parenthetical in Ingredient Statement (casein
    (milk))
  • Not required if ingredient name already
    identifies the major allergen
  • Not required if the name of the major food
    allergen appears elsewhere unless the other
    listing is for an ingredient that is exempt from
    the major food allergen definition

13
FALCPA LABELING FORMAT
  • Requires use of common English names for the
    major food allergens
  • Tree nuts must identify specific nut such as
    almond, pecan, walnut
  • Fish/Shellfish must identify species, such as
    tuna, bass, flounder, shrimp, lobster

14
FALCPA LABELING FORMAT
  • Ingredient Statement Examples
  • Ingredients Semolina, rice flour, rolled oats,
    pine nuts, tomato juice, whey, sodium caseinate,
    tuna gelatin, natural flavoring
  • Contains wheat, milk, pine nuts and peanuts

15
FALCPA LABELING FORMAT
  • Ingredient Statement Examples (contd)
  • Ingredients Semolina (wheat), rice flour,
    rolled oats, pine nuts, tomato juice, whey
    (milk), sodium caseinate, tuna gelatin, natural
    flavoring (peanuts)

16
FALCPA
  • A food that does not comply with the labeling
    requirements is deemed misbranded
  • FALCPA is self-executing and becomes effective
    for any food labeled after January 1, 2006
  • FDA does NOT have to implement regulations

17
FALCPA Studies/Reports
  • Analysis of cross-contact issues
  • Review of GMPs
  • Review use of advisory (may contain) labeling
  • Survey of consumer labeling preferences
  • Review of allergen inspections conducted by FDA
  • Assessment of food industry and government
    response to cross-contact issues

18
FALCPA/Inspections
  • Directs FDA to conduct inspections of facilities
    to ensure they comply with practices to reduce or
    eliminate cross-contact of a food with residues
    of major food allergens that are not intentional
    ingredients of the food, and to ensure major food
    allergens are properly labeled

19
FALCPA (cont.)
  • Requires FDA to issue a proposed rule within two
    years, and a final rule within four years, to
    define, and permit use of, the term gluten-free
    on food labels
  • Requires FDA to collect and publish national
    data on the prevalence of food allergies, the
    incidence of clinically significant or serious
    adverse events, and the use of different modes of
    treatment for and prevention of allergic
    responses to foods

20
FALCPA Issues
  • Places the burden of proof on petitioner to
    demonstrate that an ingredient does not present a
    concern to food allergic consumer
  • Soy lecithin
  • Fish gelatin (ID SOURCE!)
  • Lactose
  • Wheat Starch
  • Lysozyme
  • Lactoferrin
  • Soy sauce

21
Conclusion
  • FALCPA imposes labeling requirements for
    allergens as of January 2006.
  • The time is now to begin FALCPA compliance

22
Contact Information
  • Joseph A. Levitt
  • Hogan Hartson L.L.P.
  • 555 13th Street NW
  • Washington, DC 20004
  • (202) 637-5759 (direct)
  • (202) 637-5910 (fax)
  • JALevitt_at_HHLaw.com
About PowerShow.com