The 9 Major Food Allergens

The Food Allergen Labeling and Consumer Protection Act (FALCPA) and the FASTER Act (2021) established the following as major food allergens that must be declared on food labels:

  1. Milk — butter, cream, cheese, whey, casein, lactose, milk solids
  2. Eggs — egg whites, egg yolks, whole eggs, dried egg
  3. Fish — must specify the type (cod, salmon, tuna, etc.)
  4. Shellfish — must specify the type (crab, lobster, shrimp, clams, oysters)
  5. Tree Nuts — must specify the type (almonds, pecans, walnuts, cashews, pistachios, hazelnuts, pine nuts, etc.)
  6. Peanuts
  7. Wheat — flour, bread crumbs, wheat starch, semolina, spelt, kamut
  8. Soybeans — soy lecithin, soy protein, tofu
  9. Sesame — added by the FASTER Act in 2023; tahini, sesame oil, sesame seeds

How to Declare Allergens

You have two options:

  • In the ingredient list: parenthetically identify the allergen source — "Flour (Wheat)", "Butter (Milk)", "Eggs"
  • With a "Contains:" statement after the ingredient list — "Contains: Wheat, Milk, Eggs"

You may use both. Do not substitute one for the other — if you use a "Contains" statement, it must list every major allergen in the product, not just some.

Cross-Contact Advisories ("May Contain")

Voluntary "may contain" or "made in a facility that also processes peanuts" advisories are not required by law. However, they are strongly recommended if your equipment also processes major allergens and you make allergen-free products. Cottage food producers who make both peanut butter cookies and plain cookies on the same equipment should consider including a cross-contact advisory.

Checking Ingredients for Hidden Allergens

The allergens in your products come from your ingredients — which means checking the labels and allergen statements of every ingredient you use. Soy lecithin in chocolate chips. Wheat in some baking powders. Milk in some margarines. Read every ingredient label and contact suppliers when in doubt.

Informational Only: Laws vary by state and change frequently. Verify with your state agriculture department before selling. Not legal advice.