6 replies to this topic

[Leahjohnson]

Hi all, looking for some advice on contains vs. may contain. We manufacture frozen hors d’oeuvres & one of the items that we produce is a Breaded Risotto Bite & as stated is breaded (wheat flour, eggs, & bread crumbs) & we use a purchased precooked risotto that according to their spec sheets and ingredient statement doesn’t contain milk or wheat. We do however add grated cheese to the finished product. We noticed that our last shipment of the purchased ingredient that the ingredient statement was the same but the manufacturer has now added a cautionary “May Contain Wheat & Milk”.  Since we already add these items to the finished good, this doesn’t affect our final label but I was hoping to get guidance on whether we should now tag this Risotto ingredient in our warehouse & treat as one that has wheat & milk in it? Our process is to add a large pink allergen label that states the allergens it contains but I am unsure how to handle this “may contains” item & would appreciate feedback.  Do we handle it the same as if the manufacturer said “contains”? Thanks for the help!

 

[kfromNE]

Contains - the allergen is in the ingredient.

May contain - the allergen is produced in that facility but not in that ingredient. It could be in the ingredient if their allergen program failed.

 

May contain is a gray area. Has no legal standing. I would go based upon your supplier verification program. You vetted them as a supplier. Do you trust them and their allergen program. If so, I wouldn't segregate based upon the may contain ingredients.

 

My personal opinion, others may say differently.

[jfrey123]

If the ingredient does not contain the allergen, I don't think you should tag it as containing the allergen in your storage.

 

That said, if your supplier is going with the "May Contain" excuse on their labeling, it would behoove you to request a copy of their allergen control program.  Current company I work for is fresh fruit and vegetables, and we had our suppliers fill out an allergen questionnaire with 21 different allergens as to whether their plant uses them in our products, uses them on shared lines as our products, or stores the allergens in their warehouses.  Anyone showing they use allergens on a shared line was asked to submit a copy of their allergen control program for our review.

[olenazh]

Agree with kfromNE and jfrey123. Also, "may contain" information might do a disservice to your company as people, allergic to those substances, would simply not buy your product, so you'll lose potential customers.

[G M]

If this ingredient is only going into a finished item that contains those allergens, I would treat it as if it already had them if the supplier does not have the confidence in their own sanitation program to leave it off their label.

[jay2354]

Contains - the allergen is in the ingredient.

May contain - the allergen is produced in that facility but not in that ingredient. It could be in the ingredient if their allergen program failed.

 

May contain is a gray area. Has no legal standing. I would go based upon your supplier verification program. You vetted them as a supplier. Do you trust them and their allergen program. If so, I wouldn't segregate based upon the may contain ingredients.

 

My personal opinion, others may say differently.

 

This is an excellent response!

 

In your specific scenario I would follow controls based on what is in the ingredients list. Having the 'may contains' statement is a risk managment decision on the part of the company. It literally has nothing to do with whether the company has a good allergen program or not.

 

Legally speaking, if it's not listed as an ingredient it should not be in the product. If it is, the company is liable for any illness that results. To me, the 'may contain' statement is really just a warning to anyone severely allergic, in case they need to avoid the product out of caution.

 

If "may contain" labeling could alleviate manufacturers' need to do their due diligence, then half the products in the store would be labeled as 'may contains' and list all allergen groups. :-)

Edited by jay2354, 10 April 2023 - 08:31 PM.

[Tony-C]

Hi Leah,

 

 

Welcome to the IFSQN forums.

 

I found GUIDELINES ON FOOD ALLERGEN MANAGEMENT IN THE SUPPLY CHAIN from FoodDrinkEurope to be useful in this area:

 

Concerning expectations for allergen management:

- Where unintended food allergen presence is mentioned in raw materials, there is an expectation that suppliers shall provide a quantification (mg allergenic protein / kg food) to enable the food manufacturer to apply risk assessment.

- If regulated food allergens or products containing these are used as raw materials or ingredients, awareness of staff on allergen management should be ensured and specific attention should be given to ensure minimum risk of cross-contamination of other products, allergen labelling and recipe application of these products.

- Procedures should be in place to prevent the exchange of products (raw materials, intermediated products and finished end products) and labels.

- Strict measures to minimise cross-contamination should be applied with products potentially containing regulated food allergen(s) to other products without food allergens or containing different food allergens.

- Attention to the potential for cross-contamination should also be paid at preparatory stage.

 

There is also a need to consider local guidance and legislation, this is from FDA Food Allergies:

 

Consumers may also see advisory statements such as “may contain [allergen] or “produced in a facility that also uses [allergen].” Such statements are not required by law and can be used to address unavoidable “cross-contact,” only if manufacturers have incorporated good manufacturing processes in their facility and have taken every precaution to avoid cross-contact that can occur when multiple foods with different allergen profiles are produced in the same facility using shared equipment or on the same production line, as the result of ineffective cleaning, or from the generation of dust or aerosols containing an allergen.

 

FDA guidance and regulations for the food industry states that advisory statements should not be used as a substitute for adhering to current good manufacturing practices and must be truthful and not misleading.

 

Kind regards,

 

Tony