<<Disclaimer: Verify this information before applying it to your situation.>>
My question was on some products containing the warning: "Made in a facility that also produces wheat, milk, nuts...etc." Is this allergen warning required?
The answer, provided by many, is "No."
I had a number of people wanting me to summarize. I forward the most thorough answer given me:
>>My understanding of FALCPA is that only the word "Contains,"
followed by a list of one or more of the eight allergens covered by the
law, is mandated. "May contain," or information about the facility
where it is processed, is all voluntary labeling. Therefore, the
absence of such a disclaimer does not indicate that a product is less
cross-contaminated by allergens than a product that has such a label.
FALCPA was passed in 2004 and became effective in January 2006.
On a side note: FALCPA also mandated that the FDA publish guidelines on voluntary gluten-free labeling by August 2008
(giving them four years to write them). That deadline passed, with no
apparent sanction, and we are all still waiting. In the meantime, even
the words "gluten-free" on a label have no legal meaning, and a product
labeled as such could be heavily cross-contaminated, even more so than
a similar product with no "gluten-free" label. Products not under FDA
regulation, like vitamins, supplements, and those foods regulated by
the USDA (meat, poultry and egg products), are not even covered by
FALCPA and have no requirements for allergen labeling.
Here's a good Q & A that specifically answers your question:
http://www.fda.gov/Food/GuidanceComplianceRegulatoryInformation/GuidanceDocuments/FoodLabelingNutrition/ucm059116.htm
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The art of writing is the art of applying the seat of the pants to the seat of the chair.
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