What is a Major Food Allergen? A Comprehensive Legal Overview

Definition & Meaning

The term major food allergen refers to specific foods that are known to cause allergic reactions in many individuals. These allergens include:

Milk
Eggs
Fish (such as bass, flounder, or cod)
Crustacean shellfish (like crab, lobster, or shrimp)
Tree nuts (including almonds, pecans, or walnuts)
Wheat
Peanuts
Soybeans

Additionally, any food ingredient that contains protein derived from these allergens is also considered a major food allergen, with some exceptions for highly refined oils and certain exempt ingredients.

Table of content

Legal Use & context

The term major food allergen is commonly used in food labeling laws and regulations. It plays a critical role in ensuring consumer safety, particularly for individuals with food allergies. Legal areas where this term is relevant include:

Food safety regulations
Consumer protection laws
Labeling requirements for packaged foods

Users can manage compliance with these regulations through legal templates available on platforms like US Legal Forms, which are designed to help with food labeling and allergen disclosures.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Here are a couple of examples illustrating the concept of major food allergens:

Example 1: A restaurant must clearly indicate on its menu if a dish contains peanuts, as this is a major food allergen.
Example 2: A packaged snack food that contains tree nuts must have a label stating "Contains: Almonds" to inform consumers of potential allergens. (hypothetical example)

Relevant laws & statutes

Key statutes related to major food allergens include:

Food Allergen Labeling and Consumer Protection Act (FALCPA): This law mandates that food manufacturers label products containing major food allergens.
Federal Food, Drug, and Cosmetic Act: This act includes provisions regarding food safety and labeling standards.

State-by-state differences

Examples of state differences (not exhaustive):

State	Key Differences
California	Requires additional allergen disclosures for restaurants.
New York	Mandates allergen training for food handlers.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Differences
Food allergen	Any food that can cause an allergic reaction.	Major food allergens are a subset of food allergens with specific legal definitions.
Food intolerance	A non-allergic reaction to food, often involving digestive issues.	Food intolerances do not involve the immune system, unlike food allergies.

Common misunderstandings

What to do if this term applies to you

If you are a consumer with food allergies, always check food labels for major allergens. If you are a food business, ensure compliance with labeling laws to protect consumers. You can explore US Legal Forms for templates that help you create compliant labels and disclosures. If you face complex legal issues, consider seeking professional legal assistance.

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Quick facts

Major allergens include milk, eggs, fish, shellfish, tree nuts, wheat, peanuts, and soybeans.
Compliance with allergen labeling is mandated by federal law.
Violations can result in penalties, including fines and product recalls.