18 replies to this topic

[TimG]

I kind of figured it was coming. Guidance on gluten free labeling requirements should be interesting.

FDA Updates General Food Labeling Requirements Compliance Program 

 

Key changes to the program include the incorporation of sesame as the ninth major food allergen in accordance with the Food Allergy Safety, Treatment, Education, and Research (FASTER) Act of 2021, and includes guidance on gluten-free labeling requirements. 

 

[Setanta]

Did it say how soon?

[qa_maddy]

I could have sworn this was put through like a year ago.. 

[TimG]

Did it say how soon?

FDA Updates General Food Labeling Requirements Compliance Program | FDA

 

It kinda looks like..now? Maybe I'm reading it wrong?

[TimG]

I could have sworn this was put through like a year ago.. 

Soy went in a few years ago. I think they've been kicking sesame back and forth for a while. Canada has had sesame seeds on their list for a bit.

[qa_maddy]

Soy went in a few years ago. I think they've been kicking sesame back and forth for a while. Canada has had sesame seeds on their list for a bit.

 

https://www.fda.gov/...r-food-allergen

 

This lists as going into effect in 2023 -- I know I had changed a bunch of my internal documentation stuff. 

Edited by qa_maddy, 24 June 2025 - 07:48 PM.

[TimG]

Yeah..I see:

 On April 23, 2021, the Food Allergy Safety, Treatment, Education, and Research (FASTER) Act was signed into law, declaring sesame as the 9th major food allergen recognized by the United States. The change was effective on January 1, 2023. 

 

So, what is this critical alert I'm getting from FDA? Yeah, I guess ignore my post... I wasn't working from like 2022-2024 so I completely missed this one actually going into effect..

[kconf]

sesame has been added for a year and half at least. It became the 9th major. 

[Lynx42]

We got a non-conformance in 2023 for not having sesame listed as an allergen.  It's been a "big boy" allergen for a couple of years.

Coconut was removed from the tree allergen list this year.

[Setanta]

sesame has been added for a year and half at least. It became the 9th major. 

 

 

Whew I THOUGHT so, but then I started wondering if I imagined it.

[kconf]

It's all good, Tim. See how many replies you've got in under an hour when you are wrong 

[GMO]

About time.  Life threatening sesame allergies happen.  It's the reason we have "Natasha's law" in the UK on non prepacked food after a death on a flight after eating a non prepacked sandwich without allergen information which wasn't clear contained sesame.

[kingstudruler1]

Starting January 1, 2023, sesame was added as the 9th major food allergen in the Federal Food, Drug, and Cosmetic Act and the 2022 FDA Food Code. With the addition of sesame, the list of major food allergens is: milk, egg, fish, Crustacean shellfish, tree nuts, wheat, peanuts, soybeans and sesame

[TimG]

The thing is I had been watching for it, but then when I took a couple years off I stopped! Didn't start watching for it until I came back into food about a year ago and when the email came over yesterday I did a "about time!"

 

woomp woooomp...

[kfromNE]

Sesame oil - an allergen product. Most oils are considered highly refined so not considered an allergen product. For example - soybean oil. 

[GMO]

Sesame oil - an allergen product. Most oils are considered highly refined so not considered an allergen product. For example - soybean oil. 

 

Good point.  I've just read up on it and apparently it tends to be cold pressed and unrefined which is uncommon.  In fact, counter intuitively, some people with mild allergies can eat a whole sesame seed and if it's not broken, have no reaction.  This is because the seed has to be broken open to be allergenic.  You'd not want to try it though.

 

From experience in working with sites processing sesame as it's been an EU allergen since legislation was first introduced, the seeds can be a nightmare.  They are electrostatic so if you are in a bakery producing sesame topped products, cross contact risks are significant.  It's meant many bakeries have stopped making sesame topped buns or restricting runs to limited periods.

[qa_maddy]

A bunch of locations in the us got yelled at the FDA because once the FDA declared it an allergen bakeries just started adding it to everything because they didn't want to deal with putting controls in place. The FDA had to put a whole statement out about it. 

 

Good point.  I've just read up on it and apparently it tends to be cold pressed and unrefined which is uncommon.  In fact, counter intuitively, some people with mild allergies can eat a whole sesame seed and if it's not broken, have no reaction.  This is because the seed has to be broken open to be allergenic.  You'd not want to try it though.

 

From experience in working with sites processing sesame as it's been an EU allergen since legislation was first introduced, the seeds can be a nightmare.  They are electrostatic so if you are in a bakery producing sesame topped products, cross contact risks are significant.  It's meant many bakeries have stopped making sesame topped buns or restricting runs to limited periods.

[MDaleDDF]

A bunch of locations in the us got yelled at the FDA because once the FDA declared it an allergen bakeries just started adding it to everything because they didn't want to deal with putting controls in place. The FDA had to put a whole statement out about it. 

Yeah, we do that here, but not with sesame, we don't have sesame in the building.   We have wheat, milk, egg, and soy in the building, and every formulation contains all four allergens, some just enough to put it on the ingredient statement, and it's not actually functional in the formula.   We've been that way like 25 years, but now inspectors mention it and don't really like it, but I guess we were stacking before it was a big thing, so they don't say much, and what can they say really?   Personally, I don't see the harm in doing it even with sesame.   It makes life easier, and food safer.   It's on the label, it's good, no?   What's the issue?    I've heard FDA folks say you're following the letter of the law but not the spirit of the law.   Then rewrite the law.....

[GMO]

Yeah, we do that here, but not with sesame, we don't have sesame in the building.   We have wheat, milk, egg, and soy in the building, and every formulation contains all four allergens, some just enough to put it on the ingredient statement, and it's not actually functional in the formula.   We've been that way like 25 years, but now inspectors mention it and don't really like it, but I guess we were stacking before it was a big thing, so they don't say much, and what can they say really?   Personally, I don't see the harm in doing it even with sesame.   It makes life easier, and food safer.   It's on the label, it's good, no?   What's the issue?    I've heard FDA folks say you're following the letter of the law but not the spirit of the law.   Then rewrite the law.....

 

The issue is functionality and consumer behaviour.

 

And I know what the response will be "consumers have to be responsible and look at the pack contents".  Ya de ya de ya... Yes, I don't disagree, but also that's how consumers should fully cook chicken and not spray Salmonella and Campylobacter around their kitchens because they're washing it under the tap even though we KEEP TELLING THEM THAT'S REALLY STUPID...  Hence the focus in the UK on Campy levels even though proper cooking should destroy that bad boy.

 

Anyway. (Climbs off soapbox.)

 

While consumers SHOULD read packs fully etc, non functional allergens have no bloody point being there.  I'll give you an example.  Flame grilled steak flavour crisps (chips).  Would you expect this to contain milk?

 

McCoy's Flame Grilled Steak Multipack Crisps 6 Pack - Morrisons Online Groceries & Offers

 

Sadly some people will go on what they expect to be there and not look nor ask.  

 

I think it makes you less prone to prosecution.  It probably makes food a little bit safer but not as much as you think it does. So much so one of our UK retailers actually forbids non functional allergens.

 

Then you've got old b***ers like me who need glasses and can't cope reading the small print.  And you have busy people.  Mum with toddler dragging you off, will you just grab something and hope for the best?

 

I know what the reaction will be "this is fine, consumer responsibility" etc etc but we should (and are required to as part of HACCP) consider reasonable consumer misuse.