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What is a "major food allergen?"
Under FALCPA, a "major food allergen" is an ingredient that is one of the following five foods or from one of the following three food groups or is an ingredient that contains protein derived from one of the following:
milk
egg
fish
Crustacean shellfish
tree nuts
wheat
peanuts
soybeans
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``(2) A food ingredient that contains protein derived from a food specified in paragraph (1), except the following:
``(A) Any highly refined oil derived from a food specified in paragraph (1) and any ingredient derived from such highly refined oil.
``(B) A food ingredient that is exempt under paragraph (6) or (7) of section 403(w).''.
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FALCPA requires that an ingredient (including a flavor, color, or incidental additive) that is a "major food allergen," as defined by 21 U.S.C. 321(qq), be more explicitly identified on the food label. Under FALCPA, a "major food allergen" is one of eight foods or food groups (milk, eggs, fish, Crustacean shellfish, tree nuts, wheat, peanuts, and soybeans) or an ingredient that contains protein derived from one of the eight. 21 U.S.C. 321(qq). "Major food allergen" does not include a highly refined oil derived from one of the eight foods or food groups or any ingredient derived from such an oil, as well as any ingredient exempt under a statutory exemption process.
FALCPA establishes a process under 21 U.S.C. 343(w)(7) by which any person may file a notification containing scientific evidence demonstrating that an ingredient "does not contain allergenic protein." The scientific evidence must include the analytical method used and the ingredient must be derived by the specified method. FDA has 90 days to object to a notification. Absent an objection, the food ingredient is exempt from FALCPA's labeling requirements for major food allergens.
QuoteI'm so sorry to inform you that after following up with the manufacturer of our peanut butter flavoring they have informed us that it is made with artificial and natural peanut butter flavoring so it DOES contain tree nut allergen. So sorry for the misinformation.