Food Allergen Consumer Protection Act Summary

Published on: September 22, 2002

by Rep. Nita Lowey

H.R. 4704

Seven million Americans suffer from food allergies. Recent studies estimate that 150 Americans die each year due to the ingestion of allergenic foods. With the government's help, many of these deaths could be prevented. That is why legislation is needed to make food ingredient statements clear, accurate, and reliable.

Food-allergic consumers are forced to decipher labels for every food product they purchase, every time they shop -- a tedious and time consuming process. Unfortunately, their lives are made even more difficult because ingredient statements are written for scientists, not consumers. Currently, ingredients that may cause allergic reactions are listed on food labels using many different terms that are often difficult to understand. And food labels may use a print and format that is difficult to read.

In addition, current regulations exempt spices, flavorings, and certain colorings and additives from ingredient labeling requirements. Unfortunately, because some natural flavorings contain allergens, this exemption can pose a health threat to susceptible consumers. Although flavorings and additives are present in foods in small quantities, no amount is too minor or insignificant for the millions of Americans with food allergies. It is time to close this loophole.

Beyond the additive exemption, mislabeling is also a serious problem. A recent FDA study found that a quarter of the food manufacturers inspected for the study didn't list ingredients that cause potentially fatal allergic reactions, and 47 percent of these manufacturers did not check their products to ensure that they had accurately portrayed all ingredients on the label. In part, mislabeling occurs because some manufacturers prepare multiple products with the same cooking utensils or production lines without washing the equipment. This practice can unintentionally place ingredients that may cause potentially fatal allergic reactions into a product. The evidence makes clear that food manufacturers must be required to maintain conditions that minimize, to the extent practicable, the contamination of foods with food allergens.

Finally, the food industry does not always appropriately use "may contain" or other such language to indicate the unintentional presence of food allergens in their products. Some food manufacturers indiscriminately use "may contain" language, while others don't use it at all when it could save the life of a consumer. It is important that manufacturers take all the necessary steps to eliminate the possibility of cross contact, and that they label their products with a "may contain" warning or similar language when these steps aren't sufficient to eliminate a risk to health.

The Food Allergen Consumer Protection Act would:

Require that food ingredient statements identify in common language that an ingredient is itself, or is derived from, one of the eight main food allergens (peanuts, tree nuts, fish, Crustacea, eggs, milk, soy, and wheat), or is gluten (from rye, barley, oats, and triticale);
Require food ingredient labels to appear in a print size, type, and format that is easier to read than that required by current regulations;
Require food ingredient statements to identify food allergens used in spices, natural or artificial flavorings, additives, and colorings;
Preserve the Food and Drug Administration's current authority to regulate the safety of certain products bioengineered to contain proteins that cause allergic reactions;
Require food manufacturers to include a working telephone information number on food labels, including one for telecommunication devices for deaf persons;
Require food manufacturers to minimize cross-contamination between foods produced in the same facility or on the same production line;
Require the use of "may contain" or other language in food labeling when steps to reduce cross-contact will not eliminate the possibility of cross-contact;
Allow the Food and Drug Administration to assess civil penalties against processors and plants that violate the labeling and manufacturing requirements for food allergens;
Require the Centers for Disease Control to track food-allergic-related deaths;
Direct the National Institutes of Health to convene a panel of experts to develop a plan for research activities concerning food allergies; and
Direct the Secretary of Health and Human Services to:

Develop recommendations on training emergency medical technicians with respect to administering epinephrine and the need for emergency vehicles to carry such devices;
Support activities to increase awareness of guidelines aimed at training restaurant employees on preparing allergen-free foods; and
Develop recommendations for schools on how to prepare allergen-free foods.

American families deserve to feel confident about the safety of the food on their tables. The Food Allergen Consumer Protection Act would allow food-allergic consumers to more easily identify a product's ingredients, protect themselves from foods that would harm them, and stay healthy.

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