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PROTECTING CONSUMERS FROM FOOD ALLERGIES

Seven million Americans suffer from food allergies. Approximately 30,000 people annually are rushed to the emergency room because of an allergic reaction. One hundred and fifty people are estimated to die each year as a result. The best way to protect them and prevent allergic reactions is through the use of clear language on ingredient labels. The Food Allergen Labeling and Consumer Protection Act, a bipartisan bill that I cosponsored with Senators Edward M. Kennedy (D-MA) and Judd Gregg (R-NH), would require food labels to identify ingredients of eight major food allergens — egg, milk, fish, Crustacean shellfish, tree nuts, wheat, peanuts, and soybeans. These foods cause 90 percent of all allergic reactions. According to the Food and Drug Administration (FDA), 25 percent of bakery items, ice creams, and candies that were inspected failed to list potentially fatal allergens. Currently, the FDA requires that food ingredients be listed by their "common or usual name." Many consumers, however, may not realize whether an ingredient is derived from, or contains, a major food allergen. Semolina, for example, is wheat, one of the major allergens. In 1996, the food industry developed voluntary guidelines on allergen labeling that recommends plain language labeling of the eight major allergens. Approximately half of all food companies comply with the voluntary guidelines, and most will have implemented the guidelines within the next year. The bipartisan bill would build on these efforts and require that the ingredient label on any food containing major allergens be listed in plain language either within, or immediately following, the ingredient list. All foods labeled as of January 1, 2006 would be required to comply or the FDA could deem the food misbranded. In addition, the bill directs the Secretary of Health and Human Services, through the National Institutes of Health (NIH), the FDA, and the Centers for Disease Control (CDC), to review, report on, and improve surveillance of, and research on, food allergies and the factors that contribute to allergic reactions to food. Finally, the bill would direct the FDA to define the term "gluten-free" and require the Secretary to commission a National Academy of Sciences (NAS) study on Celiac disease and the gluten in foods that are associated with the symptoms of the disease. Celiac disease causes damage to the gastrointestinal tract, central nervous system, and other organs. The current recommended treatment for it is avoidance of glutens in foods that are associated with the disease. Glutens are not allergens and are present in all foods. These provisions recognize the need for further study between the connection of the disease and glutens in certain foods as well as the need to provide individuals with better tools to identify foods that may contribute to the disease. The Food Allergen Labeling and Consumer Protection Act will save lives. It is another example how bipartisan solutions can improve the quality of life for Americans at risk of a serious illness. This common sense approach will help Americans live longer, healthier, and happier by helping them to avoid food allergens that can cause them great harm.