I agree with Dale---those are 2 completely separate issues
If the FDA determined that TREE NUTS is the allergy class--then from an ALLERGEN viewpoint--you don't need to test for tree nut type allergens
LABELLING is different and must be truthful and not misleading
Does section 403(w) of the FD&C Act address the use of allergen advisory labeling (such as “may contain”)?
No. Section 403(w) of the FD&C Act does not address the use of allergen advisory labeling, including statements describing the potential presence of unintentional allergens in food products resulting from the manufacturing of the ingredients or the preparation and packaging of the food in a retail or food service establishment. Advisory labeling, such as “may contain [allergen],” is not a substitute for adherence to current good manufacturing practices and, when used by a facility, food allergen preventive controls. In addition, any advisory statement such as “may contain [allergen]” must be truthful and not misleading
When is a food considered adulterated under Section 402 of the FD&C Act?
Section 402 of the FD&C Act includes many reasons a food may be adulterated including: • If the food bears or contains any poisonous or deleterious substance which may render it injurious to health; consists in whole or in part of any filthy, putrid, or decomposed substance, or is otherwise unfit for food; or has been prepared, packed, or held under insanitary conditions whereby it may be rendered injurious to health; • If the food is a dietary supplement or contains a dietary ingredient that presents a significant or unreasonable risk of illness or injury under the conditions of use recommended or suggested in labeling; is a new dietary ingredient for which there is inadequate information to provide reasonable assurance that such ingredient does not present a significant or unreasonable risk of illness or injury; or is a dietary supplement declared by the Secretary to pose an imminent hazard to public health or safety
