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13. Will FALCPA stop discrepancies between the list of ingredients and the kosher symbol? I had a box of crackers with a “D” kosher symbol, but when I called the manufacturer, it told me there is no dairy in the product. What should I believe? Kosher labeling cannot be used as a guide to determine whether a product does or does not contain milk. 14. Will FALCPA apply to imported foods? FALCPA applies to all packaged foods (except meat, poultry, and certain egg products) sold in the United States , whether they are manufactured in the United States or manufactured abroad and imported into the United States . 15. Will FALCPA apply to meat or alcoholic beverages? No. FALCPA does not apply to the labeling of products regulated by the U.S. Department of Agriculture (USDA), such as meat and poultry products, or to the labeling of products regulated by the Alcohol Tobacco Tax and Trade Bureau (ATTB), such as distilled spirits, wine, and beer. Both the USDA and the ATTB have indicated an interest in amending their regulations to harmonize their labeling requirements with FALCPA. For now, meat and poultry products and alcoholic beverages will not be subject to allergen labeling requirements on January 1, 2006 . 16. How will the term "dairy-free" be used under FALCPA? The FDA regulations authorize the use of “nondairy” but do not specifically address the labeling of “dairy-free.” FALCPA does not change the requirements for the use of “nondairy,” and this terminology will continue to appear on products that contain caseinates as ingredients. The caseinates must be listed in the ingredient statement with a parenthetical such as “(a milk derivative).” 17. I heard there will be a petition process whereby, if a company can prove that there is not enough allergen to produce a reaction, the ingredient does not have to be on the label. The law provides three ways of obtaining an exemption from labeling a major food allergen:
18.Why would a company not want to label a common allergen? The primary purpose of the law is to provide food-allergic individuals with understandable and accurate information about the content of food products, so they can choose from a variety of foods that do not pose a risk from allergic reactions. There are ingredients that can be derived from major allergens that may contain extremely small levels of allergenic protein. When the level of allergenic protein is present at these low levels, it is believed that the food-allergic individual should be able to safely eat the food. By way of example, there are clinical studies demonstrating that highly refined oils can be safely consumed by food-allergic individuals, even though these oils may contain very small levels of protein. Congress exempted highly refined oils from the allergen labeling requirements. In the absence of an exemption, there may be a significant increase in allergen labeling. Peanuts, soy, and wheat could be declared on many products that contain a grain flour because of cross contact on the farm. There also may be a significant increase in the number of packages that label “soy” from soy lecithin. Soy lecithin is used in the baking industry because it prevents baked goods from sticking to pans, belts, and other food contact surfaces. A company may want to avoid labeling for an allergen that is used at very low levels because it will unnecessarily limit a food-allergic individual’s already restricted diet.
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