On April 14, 2021, Congress passed the Food Allergy Safety, Treatment, Education, and Research Act of 2021 (FASTER Act), which amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to add sesame as the ninth major food allergen. Under the FASTER Act, sesame would be subject to FFDCA requirements applicable to major food allergens, including disclosure on food labels and current good manufacturing practice (cGMP) requirements related to allergen control. The FASTER Act is pending President Biden’s signature and once signed into law, will apply to any food that is introduced or delivered for introduction into interstate commerce on or after January 1, 2023.
Prior to the FASTER Act, under FDA’s general laws related to food ingredient declaration, foods containing sesame must declare “sesame” on the label if whole sesame seeds are used as an ingredient. However, where sesame is part of a spice or flavoring, or where the common or usual name of the ingredient does not specify sesame (e.g., tahini), “sesame” is not required to be declared in the ingredient list on the label. FDA issued a draft guidance in November 2020 strongly encouraging food manufacturers to voluntarily declare “sesame” in the ingredient lists of food labels in such circumstances to address these concerns, acknowledging that sesame allergies may be an increasing problem in the U.S.
The passage of the FASTER Act expeditiously addresses FDA’s public health concerns by adding sesame as a major food allergen, triggering the labeling requirements encouraged by FDA’s guidance.
