Issue View | Council I | 2023 Biennial Meeting

This is a brand new Issue.

Labeling under Food Allergy Safety, Treatment, Education & Research Act

The Food Allergy Safety, Treatment, Education and Research Act ("FASTER Act") added sesame to the list of major food allergens which manufacturers are required to declare on product labels. The intent of the law was to make food safer for consumers with food allergies, as sesame was frequently included in categories such as "spices" or "natural flavors." As a parent of a child who manages a sesame allergy, we celebrated this news, and looked forward to January 2023. Manufacturers had 18+ months to comply with the new labeling laws. Rather than taking the steps needed to segregate sesame, and apply safe manufacturing practices, nearly every company who manufactures ANY product with sesame has instead opted to ADD small amounts of sesame to their products so that they can declare it on the label. It appears they are interpreting the FASTER Act to mean they must guarantee there is no cross contamination with sesame, and they have declared that impossible to comply with. Because the FASTER Act does not include permission or guidance on the issue of when a product is run on the same line, or produced in the same facility with sesame, they felt it was "safer" for food allergy consumers if they added the allergen and declared it as an ingredient on the label. The list of companies who have taken this approach is not short. Previously some companies chose to label for sesame - consumers with sesame allergy had several options of bread and hamburger buns to choose from in their local grocery stores, and generally could eat out at a number of places without issue. "Go to" restaurants were places where they did not use sesame seeded buns. As a consumer, I could choose to accept the risk that bread products may have been cross contaminated with a product containing a sesame seed, knowing that whole seeds cannot be digested and are unlikely to cause a reaction. None of these items are now safe, and that choice has been taken away from my family, and others with sesame allergies. By choosing to add sesame flour to all bread products as their way to "comply" with the FASTER Act, the following is a short list of products that we have identified and can no longer use in our home: most fast food restaurants (nearly all buns now contain sesame flour), many chain restaurants (addition of sesame flour to bread and pizza has increased risk of cross contamination), nearly every sliced bread, hamburger and hot dog bun supplied to restaurants now contains sesame flour, plain and cinnamon raisin bagels now contain sesame flour, many pizza places have now added sesame flour. The list goes on and on. This has created a tremendous danger to consumers with sesame allergies, as products they have used for years are now changing recipes. A collection of articles was recently published by the Food Allergy Research & Education ("FARE") summarizing these challenges and is available at

http://www.foodallergy.org/resources/fare-response-companies-intentionally-adding-sesame-flour-faster-act-goes-effect

330 million people in the US have been diagnosed with a sesame allergy. It's the 9th most common allergen, and has been the most difficult to navigate. Restaurants will now be under increased challenges to try to accommodate their allergic clientele, and the risks of cross contamination have significantly INCREASED because the number of products containing this allergen has increased so significantly. Children who eat in school cafeterias will no longer be able to eat the things they used to eat, and are not likely to know of changes in the laws, or company practices. Food servers have not been properly educated. In the times we have eaten out since January 2023, I have educated 75% of the servers on the new changes - none were aware of the new law, and had no idea so much sesame was in their kitchen. I have read about 3 food allergy deaths since December 2022 in the US. Children should not be put at risk because companies have cut corners and chosen to work around the legal requirements put in place to keep them safe.

If companies and restaurant establishments have the obligation to segregate allergens and train employees, but could simply label that a product is "made on a shared line with products containing [insert allergen]" that would give consumers the option to decide whether to eat that product or not. If a product was labeled "made in a facility with [insert allergen] but made on dedicated [insert allergen] free line" that would provide enough information to food allergy families to be able to make an educated decision. Currently any "may contain" or "made in a facility with" or similar label is voluntary, the absence of such a warning does not mean the product is safe to consume, and consumers are simply left guessing as to whether products are safe or not.

Amend the FASTER Act and the Food Code to standardize labeling options for food allergens in addition to existing good manufacturing practices. Include standard definitions for labeling cross contamination that will inform consumers and allow them to make their own choices about what is safe for their families. This would render the absence of such a label meaningful, allowing food allergic consumers the ability to make meaningful decisions for their health and safety. Include strict penalties for changing recipes to intentionally add any of the top 9 allergens to existing recipes for the purpose of being able to declare it as an ingredient.