On January 1, 2006 the Food Allergen Labeling and Consumer Protection Act (FALCPA) took effect. Under this act if an ingredient in a packaged food product regulated by the Food and Drug Administration is or contains protein from milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, and soybeans this must be stated on the food label either in the ingredient list or in a separate Contains statement. The Food and Drug Administration regulates all food products with the exception of meat products (over 3% raw meat, at least 2% cooked meat), poultry products (at least 2% cooked poultry), and egg products which are regulated by the United States Department of Agriculture.
FALCPA covers conventional food products (including imported foods), dietary supplements, infant formula, medical foods, and prepackaged foods sold in grocery stores and restaurants. FALCPA does not cover raw agricultural commodities, such as fruits and vegetables that are sold in their natural state.
FALCPA covers all ingredients, including those that are generally allowed to be listed collectively, such as flavorings and colorings. In addition, FALCPA covers incidental additives, such as processing aids that normally do not have to be declared in the ingredient list.
What this means
If you read the ingredient list and the Contains statement of an FDA-regulated food product and you do not see the word “wheat” the product does not include any ingredients that contain wheat protein. Yes, it really is that simple!
You can read FALCPA in its entirety at