The FASTER Act: What Companies Need to Know about the New Food Allergy Law
On April 23, 2021, sesame was added to the Federal Food, Drug, and Cosmetic Act's list as a major food allergen. Starting on January 1, 2023, all products that contain sesame will be required to state that the allergen is present on the label. Eurofins can help you with all of your allergen testing needs. If this is something that is necessary for your products check out our service offering on our Allergens page.
***Curated Content*** Source Food Safety Magazine: https://www.food-safety.com/articles/7223-the-faster-act-what-companies-need-to-know-about-the-new-food-allergy-law?oly_enc_id=4881J7383967C8I
Food Safety Magazine
By: Kelly Matayoshi, J.D. and MaryJo Lopez, J.D.
Published June 29, 2021
While the Food Allergy Safety, Treatment, Education, and Research Act (FASTER Act) only makes a minor change to add sesame as a major food allergen, it signals the government’s intent to closely examine food allergen restrictions and broaden their scope. The FASTER Act, signed into law on April 23, 2021, adds sesame to the Federal Food, Drug, and Cosmetic Act's list of major food allergens. Previously, “major food allergen” referred to eight ingredients: milk, egg, fish, Crustacean shellfish, tree nuts, wheat, peanuts, and soybeans [21 U.S.C. § 321(qq)]. Sesame is now part of this list, rounding out the “big nine.” These nine ingredients are considered the most dangerous due to the number of people who are allergic to them and the severity of the reactions they can produce.
The effect of this change is most notable in how manufacturers label their products, as the Federal Food, Drug, and Cosmetic Act requires manufacturers to clearly label major food allergens. Starting on January 1, 2023, this requirement will apply to products that contain sesame in any form. According to the non-profit Food Allergy Research & Education, sesame can appear in undeclared ingredients such as flavors or spice blends. In these situations, the FASTER Act would require that sesame be called out and listed as a food allergen. Manufacturers can satisfy the act’s labeling requirements in one of two ways:
1) including a statement “printed immediately after or adjacent to the list of ingredients” that includes the word “contains” followed by “the common or usual name of the major food allergen.” [21 U.S.C. § 343(w)(1)(A)].
2) listing the major food allergen as an ingredient which, with certain exceptions, must be “followed in parentheses by the name of the food source from which the major food allergen is derived.” [21 U.S.C. § 343(w)(1)(B)].
Manufacturers who do not comply with these requirements open themselves to government enforcement action and to civil liability. Click for full article...