The 9 major food allergens
The Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) identified eight major food allergens. The FASTER Act of 2021 added sesame as the ninth, effective January 1, 2023. Together, the nine major allergens are:
- Milk
- Eggs
- Fish (e.g., bass, flounder, cod) — the specific species must be named
- Crustacean shellfish (e.g., crab, lobster, shrimp) — the specific type must be named
- Tree nuts (e.g., almonds, walnuts, pecans) — the specific nut must be named
- Peanuts
- Wheat
- Soybeans
- Sesame — the newest, added by the FASTER Act
When FALCPA passed, these allergens accounted for about 90% of food allergies and serious allergic reactions in the U.S. Note that crustacean shellfish is covered, but mollusks such as clams, mussels, and oysters are not among the major allergens.
How allergens must be declared
The name of the food source of each major allergen must appear in at least one of two ways:
- In parentheses after the ingredient in the ingredient list — for example, 'lecithin (soy),' 'flour (wheat),' or 'whey (milk),' or
- In a separate 'Contains' statement placed immediately after or next to the ingredient list — for example, 'Contains wheat, milk, and soy.'
If a 'Contains' statement is used, it must list every major allergen in the product. And because fish, crustacean shellfish, and tree nuts each cover many species, the specific type has to be identified — 'tree nuts (almonds),' not just 'tree nuts.'
Allergen labeling sits outside the small-business Nutrition Facts exemption. Even a business that is exempt from the Nutrition Facts panel must still declare major allergens. See the small-business labeling guide.
What about 'may contain' and cross-contact?
Advisory statements like 'may contain traces of peanuts' or 'made in a facility that also processes tree nuts' refer to cross-contact — the unintentional presence of an allergen. These statements are voluntary, are not a substitute for the required allergen declaration, and should not stand in for good manufacturing practices that prevent cross-contact. Treat them as an extra caution, not a regulated guarantee.
Sesame: the newest allergen
Sesame became the ninth major allergen on January 1, 2023 under the FASTER Act. Foods packaged on or after that date must declare sesame like any other major allergen. Products already on shelves before that date did not have to be relabeled, so for a transition period some older stock may not show a sesame declaration — when in doubt, the FDA advises checking with the manufacturer.
Gluten-free is a separate claim
'Gluten-free' is not part of allergen labeling — it is a voluntary claim with its own FDA rule (a food bearing it must contain less than 20 ppm gluten); see the gluten-free labeling guide. Declaring wheat as an allergen and labeling a product gluten-free are different things governed by different rules.