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[Added October, 2006] Section 201(qq) of the Act defines the term "major food allergen" to include "tree nuts." In addition to the three examples provided in section 201(qq) (almonds, pecans, and walnuts), what nuts are considered "tree nuts?"
The following are considered "tree nuts" for purposes of section 201(qq). The name listed as "common or usual name" should be used to declare the specific type of nut as required by section 403(w)(2).
Common or usual name Scientific name
Almond Prunus dulcis
(Rosaceae)
Beech nut Fagus spp.
(Fagaceae)
Brazil nut Bertholletia excelsa
(Lecythidaceae)
Butternut Juglans cinerea
(Juglandaceae)
Cashew Anacardium occidentale
(Anacardiaceae)
Chestnut (Chinese, American,
European, Seguin) Castanea spp.
(Fagaceae)
Chinquapin Castanea pumila
(Fagaceae)
Coconut Cocos nucifera L.
(Arecaceae (alt. Palmae))
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May a "Contains" statement on a food label provided in accordance with FALCPA list only the names of the food sources of the major food allergens that are not already identified in the ingredient list for a packaged food?
No. If a "Contains" statement is used on a food label, the statement must include the names of the food sources of all major food allergens used as ingredients in the packaged food. For example, if "sodium caseinate," "whey," "egg yolks," and "natural peanut flavor" are declared in a product's ingredients list, any "Contains" statement appearing on the label immediately after or adjacent to that statement is required to identify all three sources of the major food allergens present (e.g., "Contains milk, egg, peanuts") in the same type (i.e., print or font) size as that used for the ingredient list..