A is for Allergen

by: Mindy Abern

Last year, President Biden signed the Food Allergy Safety, Treatment, Education and Research (“FASTER”) Act into law.  The FASTER Act makes sesame the ninth major food allergen that companies must declare on food packaging (adding to the existing list of eight allergens: peanuts, tree nuts, fish, crustacean shellfish, wheat, soy, milk, and eggs).  

Starting January 1, 2023, companies must comply with the new regulation and identify sesame separately on food labels. The FASTER Act aims to increase transparency and awareness about food allergens and hopefully decrease accidental exposure to sesame for those who are allergic.

The FASTER Act requires that all 9 major food allergens, sesame being the newest, are declared by source in the ingredients list or “contains” statement of a label or package.  The disclosure requirement is met if the common or usual name of an ingredient already identifies the food source of the food allergen (e.g., sesame and sesame paste). Otherwise, the food source of the allergen must be declared at least once on the food label. 

To declare sesame in the ingredient list: when it is used in foods as a flavor or spice, the term sesame should be in a parenthetical following the spice or flavor, for example: “spice (sesame)” or “flavors (including sesame)”.   Similarly, to declare sesame when the ingredient is a food that is or contains sesame, the term sesame should be listed in a parenthetical following the name of the ingredient, for example "tahini (sesame)”.

To declare sesame in the “contains” statement: declare sesame immediately after, or next to, the list of ingredients in a "contains" statement, for example, "Contains sesame”. 

Because the FASTER Act amends the Federal Food, Drug, and Cosmetic Act (“FD&C Act”), sesame is subject to the FD&C Act as of January 1, 2023.  The FD&C Act dictates requirements for major food allergens, including labeling disclosures and preventive measures for allergen control. The FASTER Act is self-implementing, meaning there is no need to promulgate new regulations or amend existing ones. 

Originally published by InfoLawGroup LLP. If you would like to receive regular emails from us, in which we share updates and our take on current legal news, please subscribe to InfoLawGroup’s Insights HERE.