How Can US Food Businesses Navigate Labeling Regulations While Ensuring Compliance?

By Fred Whipp
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December 4, 2024


• Categories: Food Manufacturing

With nearly 1 in 4 US citizens reporting a food allergy, the importance of mitigating against cross-contamination in-store and throughout the whole supply chain is becoming increasingly recognized. As reports of allergy tragedies related to food negligence continue to spiral, it begs the question as to whether the food industry is truly and wholly compliant with regulations, such as the FASTER Act.

The Food Allergy Safety, Treatment, Education and Research Act or FASTER Act marks the first time that food allergen labeling has been expanded since the Food Allergen Labeling and Consumer Protection Act (FALCPA). Launched on January 1^st, 2023, in the US, the FASTER Act identified sesame as the ninth major food allergen, requiring manufacturers to list and specify the allergen’s presence in packaged foods.

Despite more rigorous regulations being put in place, cases relating to the misleading labeling of food products remain an issue. Earlier this year, the FDA issued a warning to Bimbo Bakery for falsely listing allergens, including sesame, on its food labels in the US. The warning comes amid reports of manufacturers adding allergens to product labels and recipes to rule out the risk of cross-contamination and cleaning procedures required by new labeling laws.

What is the FASTER Act?

The FASTER Act is both a recognition and validation of the seriousness of sesame allergies and sensitivities, promoting R&D for more effective diagnosis and prevention. The Act requires all restaurants and catering companies to ensure all food produced and packed for sale in the same premises has a complete ingredient list identifying all ingredients on the product label, including sesame, the ninth major allergen. It also requires that food manufacturers using sesame in their products ensure procedures are in place, such as thoroughly cleaning equipment across production lines, to avoid cross-contamination.

However, as we have seen, despite more stringent regulations being put in place, there have been numerous cases of manufacturers responding to new labeling laws by intentionally adding sesame as a listed allergen on previously allergen-free products to avoid the rigorous cleaning processes needed to avoid any points of cross-contamination. This practice has been criticized by various organizations, including most notably the Center for Science in the Public Interest (CSPI), which filed a regulatory petition to the FDA in 2023, urging the FDA to address manufacturers intentionally or unnecessarily adding sesame to their formulations or product labels.

Despite the introduction of the Act, reports of negligence are still occurring, exposing a somewhat backward approach to the future of food safety. Not only does this actively risk undermining customer trust, but it also further limits food choices for individuals with allergies.

Keeping compliance central

To remain compliant, food providers and catering companies must establish robust channels of communication with their suppliers to remain informed of any changes to formulations or manufacturing and production processes. Alongside this, staff training in allergens is essential, making employees aware of changes to in-house menus, recipes or stock to provide a comprehensive allergen list to customers upon request.

Manually checking ingredients across every PPDS (prepacked for direct sale) item is not always practical in large facilities, especially when multiple players in the supply chain are involved. One of the most effective ways to maintain accurate ingredient and allergen details is with the help of specialist software that automates updates to nutritional and allergen information across various systems and sites, saving valuable time while ensuring labelling remains accurate by leveraging real-time updates and data.

The future of process management platforms

Food businesses must consider using process management platforms in 2024 to not only ensure but also document that staff follow protocol stringently. This could involve assigning employees digital checklists or logbooks to complete to make certain they have understood new formulations or changes to an existing one. By automating these processes, the highest levels of compliance will be met, both assuring head offices of proper in-house operations and providing records of this in case of inspection.

By integrating IoT technology embedded in process management platforms leveraging sensors, RFID tags and smart thermostats, food businesses can ensure the real-time monitoring of food storage conditions like temperature, humidity and expiration dates, as well as improved supply chain visibility and end-to-end traceability. Examples include cold storage facilities, delivery trucks and even stockrooms equipped with IoT sensors that systematically check, log and alert staff to changes in temperatures or changes to products in the stockroom. When employees are made aware of the storage location of food products and their various allergen content within the stockroom, cross-contamination is more easily avoided, allowing for the easier identification and separation of food products and taking extra precautions to ensure packaging is kept intact when handling.

Improved supply chain traceability

Integrating advanced technologies throughout the supply chain further safeguards against food contamination and promotes confidence, compliance and thus protection from food to farm. Radio frequency identification (RFID) tags document the complete journey from origin to destination by transmitting location and sourcing data to companies, updating them on the exact whereabouts of each product throughout its journey to them. This way, any issues relating to product recall or batch contamination can be traced back through the chain, identifying locations of potential food safety breaches, such as a facility also handling other allergen products.

Installing IoT cameras in manufacturing facilities further enforces quality control by inspecting food products, flagging lapses in improper packaging or the presence of allergens in the facility, automating much of the processes behind compliance with food safety practices. Although the upfront cost of implementing such technologies is expensive, businesses will, in time, reap the benefits of reduced labour costs and improved operational consistency, bolstering their supplier-to-customer relations.

Supply chain traceability is equally important when considering downstream supply chain operations, such as in-country transportation. IoT sensors fitted in refrigerated packaging or vehicles track shipment and courier conditions in real-time, automatically alerting drivers to allergen products on board or changes in temperatures. If the reason for improper storage conditions proves challenging to rectify, drivers will be redirected to nearby facilities where food products can be temporarily stored when equipment malfunctions to ensure the longevity, hygiene and quality of perishable goods.

Time saving without cutting corners

The FASTER Act recognizes and highlights the importance of strict quality control, regulating the accurate labeling of products and mitigating cross-contamination in manufacturing and production facilities. With the right technology and systems in place, equipping businesses with the necessary tools, such as mpro5, the task at hand becomes significantly more manageable.

Process management platforms that automate lengthy manual tasks provide time-saving benefits and further reduce the likelihood of businesses cutting corners when allergen labeling by enforcing compliance. By integrating technologies to create an IoT infrastructure from food to farm, all stakeholders will benefit from the assurance that their products are safe for consumption, whatever the dietary or allergen requirement.

By improving traceability, providing real-time data and ensuring correct storage, waste is reduced, and customer safety is rightfully centered at the heart of all operations. In doing so, food businesses can maintain compliance with safety standards and identify and address potential food safety risks within the wider supply chain whilst cultivating customer confidence and trust once the products are in-store.