Citizen Petition

Date: February 16, 2016

The undersigned submits this petition under Federal Food, Drug, and Cosmetic Act or the Public Health Service Act or any other statutory provision for which authority has been delegated to the Commissioner of Food and Drugs to request the Commissioner of Food and Drugs to amend CPG Sec. 525.750 Spices - Definitions.

 

A. ACTION REQUESTED

My proposed solution is to change this is changing the label from "spices" to something like "spices (cinnamon, ginger, and nutmeg)." This would include the 36 ingredients that are currently under this FDA regulation.

These spices include:

1. Allspice
2. Anise
3. Basil
4. Bay Leave
5. Caraway Seed
6. Cardamom
7. Celery Seed
8. Chervil
9. Cinnamon
10. Cloves
11. Coriander Seed
12. Cumin Seed
13. Dill Seed
14. Fennel Seed
15. Fenugreek
16. Ginger
17. Horseradish
18. Mace
19. Marjoram
20. Mustard Seed
21. Mustard Flour
22. Nutmeg
23. Oregano
24. Paprika
25. Parsley Leaves
26. Pepper, Black
27. Pepper, Red
28. Pepper, White
29. Rosemary
30. Saffron
31. Sage
32. Savory
33. Star Aniseed
34. Tarragon
35. Thyme
36. Turmeric

B. STATEMENT OF GROUNDS

This petition is for the change of the FDA regulation to clearly define the ingredient "spices" on food labels. In current FDA regulation, the food industry can put 36 different ingredients in a product and call it "spices". For food allergy suffers, this is a nightmare. This ambiguous label can lead to the accidental consumption of a food allergen.

I have an allergy to cinnamon and ginger. I cannot consume cinnamon without going into anaphylactic shock (a fatal allergic reaction that causes my throat swelling like a balloon and suffocating me without medical care). This has been confirmed by multiple blood allergy test. There is no cure for a food allergy. Being exposed to it accidentally will increase the severity of the allergy. There are a lot of people with allergies to a lot of different things. The most common are wheat, milk, and nut allergies but there are many more.

I avoid my allergy the best I can and read every food label 3-4 times just to check for it. But even food I think would never contain a ingredient, have fooled me. Examples of these are cinnamon or ginger in can of chili, BBQ sauce, beef jerky and others. The current ingredient label "spices" makes it impossible to check for my allergy. I've called the hotlines of these companies and some have told me "I don't know." I don't see a clear way to avoid my allergy without making every meal I eat from scratch. It gets worse at social gatherings because someone buys a cake, and it looks great. It doesn't look like it would have cinnamon but I can't eat it because it says "spices."

The most recent and relevant legal precedent to this is "Food Allergen Labeling and Consumer Protection Act of 2004." In this act, products were required to label potential food allergens more clearly. As stated in the act itself, approximately 2% of the adults and 5% of infants and children have food allergies. While this change would not effect the most common allergies, there are reactions to these foods that exist. As the  "Food Allergen Labeling and Consumer Protection Act of 2004" tried to clarify food labeling for allergy suffers, I believe this would have a similar effect. By making food labels more clear, people with allergies can avoid their allergies more effectively. 

While this change would effect a very small portion of people, I do understand the cost of this change would be high. The food industry over a reasonable course would have the one time change to their food products labels. Overall, I also believe this change would reduce emergency visits. While the cost of this change maybe high, the cost of someone accidentally ingesting an allergen is too. The cost of a emergency room visit is high. The cost of a epi-pen is high. I also believe the value of a life is high. 

CERTIFICATION

The undersigned certifies, that, to the best knowledge and belief of the undersigned, this petition includes all information and views on which the petition relies, and that it includes representative data and information known to the petitioner which are unfavorable to the petition.

Sources for this petition include:

CPG Sec. 525.750 Spices - Definitions​

Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282, Title II)​

FDA Comment on Proposed Regulations and Submit Petitions​

Regulations.gov FDA-2013-S-0610-0001​

 http://northcoastfoodweb.org/spice-class-this-wednesday/ (Source for picture)