Do nut oils and soybean oil have to be declared as allergens on food labels?
(March 2008) FDA food labeling regulations require that the source of the oil is identified (soybean oil, peanut oil, walnut oil, etc.) in the ingredient statement. Per FDA guidance related to the Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA), if a “Contains” statement is used after the ingredient statement, then all of the “big eight” allergens contained in the product need to be in this statement – tree nut and legume (soy or peanut) oils are no exception unless the oil is highly refined and therefore free of the allergenic protein. For background, FALCPA exempts highly refined oils and ingredients derived from highly refined oils from allergen labeling. FDA does not have a regulatory definition for highly refined oil, however the Agency refers to the Senate Report that accompanied FALCPA that describes a highly refined oil as one that is refined, bleached and deodorized.
