My company ordered refined oil from a vendor, and they had (mistakenly) sent unrefined oil. The unrefined oil that we received, the packaging and label does not state that there is an allergen in the product but their documentation (allergen statement) states that there is an allergen in the unrefined oil.
When I raised concern to our vendor about the label and allergen, they stated "Because the common name “Sesame” is on the drum as a single ingredient, it is already labeled as the FDA mandates. The “contains” label in not required when “the common or usual name of the ingredient uses the name of the food source from which the major food allergen is derived”.
For a company that sells both refined and unrefined oils, does this portion of the law relate to them or their products?
I know refined oil is exempt from claiming allergens, and that is why I feel not labeling unrefined oil allergens is misleading. I have found a website that state "Refined, bleached, deodorized soybean oil is not a food allergen since the protein chain that causes allergic reactions is destroyed in the manufacturing process. Highly refined oils are the only FALCPA exemption from allergen declaration. However, soy lecithin does contain some intact soy protein chains, thus, is to be treated as a regulated allergen. In addition, the source of the lecithin must be declared on the ingredient declaration, “soy lecithin.”(1).
How come the labeling requirements of unrefined sesame oil would not be the same as the soy lecithin, where the common name is in the product name but the allergen still needs to be identified?
If anyone can help me understand, I would appreciated it very much!
Edited by Emily_B, 23 October 2023 - 07:45 PM.