From the FDA*:
FDA Announces Temporary Flexibility Policy Regarding Certain Labeling Requirements for Foods for Humans During COVID-19 Pandemic.
That link provides a summary of the guidance:
The U.S. Food and Drug Administration is issuing a guidance document to provide additional temporary flexibility in food labeling requirements to manufacturers and vending machine operators. The goal is to provide regulatory flexibility, where appropriate, to help minimize the impact of supply chain disruptions on product availability associated with the current COVID-19 pandemic.
It goes on to describe under what circumstances manufacturers can make small changes to their products. The FDA has taken allergens into consideration, but it will be up to the manufacturer to interpret this guidance when they substitute or omit ingredients and whether or not that will necessitate a label change.
To download the full guidance document in PDF, visit:
Temporary Policy Regarding Certain Food Labeling Requirements During the COVID-19 Public Health Emergency: Minor Formulation Changes and Vending Machines.
Here's the part I found most relevant with regard to allergens:
2. Substitutions of Minor Ingredients at Less Than 2 Percent
Considering the general factors provided in section III.B., we do not intend to object to substitution of minor ingredients described below in "Examples of Substitutions of Minor Ingredients," where labels would be inconsistent with labeling requirements due to some minor formulation changes that involve temporary substitutions of non-characterizing ingredients, which are generally present at 2 percent or less, for other safe and suitable ingredients with similar technical functions, as long as there are no safety or allergen concerns introduced.
a. Avoidance Considerations
In addition to the eight major food allergens defined at section 201(qq) of the FD&C Act, several other foods (such as sesame, celery, lupin, buckwheat, molluscan shellfish, and mustard) are recognized as priority allergens in other parts of the world, including Canada, European countries, and Japan. There are also other ingredients (such as glutamates and sulfites) that can cause adverse reactions. Manufacturers should avoid substitutions that could result in a safety concern without making a conforming label change or providing other means to inform consumers of the change.
Emphasis mine. Though note that this entire document is marked "Contains Nonbinding Recommendations," and the language makes these things suggestions rather than policies.
These loosened labeling requirements are temporary and will "remain in effect only for the duration of the public health emergency related to COVID-19 declared by the Department of Health and Human Services." However, it may take time for the supply chain to return to normal once the public health emergency is over so the FDA "intends to consider and publicly communicate regarding whether an extension, in whole or in part, is warranted, based on comments received to this guidance and our experience with its implementation."
If you want to stay informed on what the FDA is up to, check out this update page:
News and updates related to Food, Dietary Supplements, and Cosmetics from the Center for Food Safety and Applied Nutrition.
Feel free to discuss this news in the comments, just know that I'm not an expert in this area and I probably won't be able to answer anyone's questions or offer any clarification of the FDA's guidance.
*For those not in the U.S., the FDA is the
Food & Drug Administration, a federal agency that's responsible for protecting public health. Its regulations cover food safety practices, pharmaceutical development, and even animal feed and veterinary products.
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