Packaging and Labeling

The United States Congress passed the Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA). This law identified eight foods as major food allergens: milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, and soybean. On April 23, 2021, the Food Allergy Safety, Treatment, Education, and Research (FASTER) Act was signed into law, declaring sesame as the 9th major food allergen recognized by the United States. This change will become effective on January 1, 2023, so labeling of sesame as an allergen will not be required until that time.

More information can be found at the Food and Drug Administration website here:  FDA Food Allergens

Sesame is being added as the 9th major food allergen effective January 1, 2023.  Until that time, manufacturers do not have to list it as an allergen, although in most cases it must appear in the ingredient statement. An exception is when sesame is part of a natural flavoring or spice. Another exception is when sesame is not in the common or usual name of a food (e.g., tahini, which is made from sesame seeds). In November 2020, to help consumers who are allergic or sensitive to sesame to avoid these products, the FDA issued a draft guidance to encourage manufacturers to voluntarily declare sesame in the ingredient list when it is used as a “flavoring” or “spice” or when the common or usual name (such as tahini) does not specify sesame.  The guidance is intended to help protect consumers who are allergic to sesame by encouraging manufacturers to identify all ingredients that contain sesame right now.

The packaging material must protect the product from contamination and must NOT impart any toxic or deleterious substance to the processed food product.

Product labels must include the following information:

• Name of manufacturer, packer, or distributor;
• Physical street address for manufacturer, packer, or distributor;
• Accurate statement of the quantity of the contents by weight or volume;
• Product identity (common or usual name of the food in English);
• Ingredient list of each ingredient in descending order of predominance. This is required when processed food is fabricated from two or more ingredients. Food products that include spices, flavorings and colorings as ingredients may designate these products as spices, flavorings and coloring on the ingredient list, except when they contain an allergen, or when colorings are FD&C listed colors (i.e., Red 40, Yellow 5).
• NOTE: It is particularly important to label those ingredients that cause allergenic reactions in certain individuals.
  • The following common food allergens may prompt product recalls if not properly declared as ingredients: Peanuts, tree nuts, eggs, fish, crustacean shellfish, milk, soybeans, wheat, sesame seeds, sulfites, and FD&C Yellow 5.
• Further guidance on labeling can be found at:
  • WSDA Guidance on Labeling Major Food Allergens 
  • Free 30 minute webinar "Overview of Food Labeling Requirements"
  • "FDA Guidance for Industry [PDF 8.53 MG] including Q & A Regarding Food Allergens and the
    Food Allergen Labeling and Consumer Protection Act of 2004"
  • Free 18 minute webinar "Food Allergens" 

Perishable packaged food products with a projected shelf life of thirty (30) days or less must state the pull date on the package label. The pull date must be stated in day and month, and in a style and format that is readily decipherable by consumers. Also, when products require refrigeration either before or after opening, such information must be on the label.

The Nutritional Education and Labeling Act requires specific information regarding the nutritional value of the processed food product on the product label. Contact the United States Food and Drug Association in Bothell, WA (888) 463-6332 or email industry@fda.gov to obtain more information or to learn if you are exempt from this labeling requirement.

The Universal Product Code (UPC) is an eleven-digit numeric code that identifies a retail consumer package. The symbol can be read by a computer scanner at check stands and allows for ease in checkout, accurate pricing, and collection of sales data.

Although the UPC program is voluntary, a manufacturer's number assignment can only be obtained through membership with GS1 US formerly known as the Uniform Code Council.

Contact
GS1 US
www.gs1us.org
(937) 435-3870