FALCPA was signed into law in August 2004 and became effective January 2006.

The law requires:

  • Food statements to list in plain language, what, if any, of the eight main food allergens (milk, egg, peanuts, tree nuts, fish, Crustacean shellfish, soy, and wheat) are contained in the product;
  • Allergens to be listed if used in spices, natural or artificial flavorings, additives, and colorings;
  • The Food and Drug Administration to examine how best to address the problem of unintentional contamination and cross-contact of foods, and determine the best way to inform consumers with food allergies about the risk of cross-contact.

For information on FALCPA, visit: http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Allergens/ucm106890.htm

In 2013, as part of FALCPA, the FDA passed a ruling to establish the definition of “gluten-free” as less than 20 parts per million (ppm).

  • “The final rule defines "gluten-free" as meaning that the food either is inherently gluten free; or does not contain an ingredient that is: 1) a gluten-containing grain (e.g., spelt wheat); 2) derived from a gluten-containing grain that has not been processed to remove gluten (e.g., wheat flour); or 3) derived from a gluten-containing grain that has been processed to remove gluten (e.g., wheat starch), if the use of that ingredient results in the presence of 20 parts per million (ppm) or more gluten in the food. Also, any unavoidable presence of gluten in the food must be less than 20 ppm.”

For information on the voluntary labeling of gluten-free foods, visit:

http://www.fda.gov/food/guidanceregulation/guidancedocumentsregulatoryinformation/allergens/ucm362880.htm