Major Food Allergen Labeling for Wines, Distilled Spirits, and Malt Beverages.

Interim rule allowing voluntary labeling of major food allergens.

TTB has published an interim rule, effective July 26, 2006, allowing the voluntary labeling of major food allergens on the labels of wines, distilled spirits, and malt beverages.  The regulatory provisions allowing the voluntary labeling of major food allergens are contained in T.D. TTB–53, published in the Federal Register on July 26, 2006.  The interim rule, which parallels the recent amendments to the Federal Food, Drug and Cosmetic Act contained in the Food Allergen Labeling and Consumer Protection Act of 2004, adopts labeling standards for major food allergens used in the production of alcohol beverages that are subject to the labeling requirements of the Federal Alcohol Administration Act. 

Under the interim regulations, producers, bottlers, and importers of alcohol beverages may voluntarily declare the presence of milk, eggs, fish, Crustacean shellfish, tree nuts, wheat, peanuts, and soybeans, as well as ingredients that contain protein derived from these foods, in their products, but they are not required to do so.  The interim regulations, however, set forth rules that are mandatory for how industry members must undertake such labeling, should they choose to do so.  The regulations also contain procedures for petitioning for an exemption from the standards imposed on those alcohol beverage producers who wish to make voluntary allergen statements on their product labels.

Proposed rule regarding mandatory labeling of major food allergens.

TTB has also published a notice of proposed rulemaking regarding the mandatory labeling of major food allergens used in the production of wines, distilled spirits, and malt beverages that are subject to the labeling requirements of the Federal Alcohol Administration Act.  The proposed mandatory allergen labeling regulations are set forth in Notice No. 62 published in the Federal Register on July 26, 2006.  Comments on the proposed regulations are due on or before September 25, 2006. 

The proposed regulations also provide procedures for petitioning for an exemption from allergen labeling.  The proposed regulations parallel the recent amendments to the Federal Food, Drug and Cosmetic Act contained in the Food Allergen Labeling and Consumer Protection Act of 2004.  Under the proposed regulations, producers, bottlers, and importers of alcohol beverages must declare the use in production of milk, eggs, fish, Crustacean shellfish, tree nuts, wheat, peanuts, and soybeans, as well as ingredients that contain protein derived from these foods, on a product label unless an exemption applies to the product in question.