The Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) requires that any FDA-regulated packaged food that contains a major food allergen must declare it on the label. Crustacean shellfish is one of the nine major allergens covered under FALCPA, alongside milk, eggs, fish, tree nuts, peanuts, wheat, soy, and sesame.
FALCPA specifically requires that the specific type of crustacean shellfish be declared. The label must specify the exact species, not just the generic category. For example, the label must say "shrimp," "crab," or "lobster," not just "shellfish."
In practice, this means that when a manufacturer uses a crustacean shellfish-derived ingredient, one of two things must appear on the label:
The ingredient list must use the common or usual name of the food source (e.g., "shrimp powder" or "crab extract"), or A "Contains: Shrimp" or "Contains: Crab" statement must appear immediately following or adjacent to the ingredient list.
Both approaches are compliant. Either gives you notice that the product contains a crustacean shellfish-derived ingredient.
Where FALCPA Does Not Apply
FALCPA applies to packaged foods regulated by the FDA. It does not apply to:
Restaurant food and foodservice. No federal law requires restaurants to label allergens. Some states have their own requirements, but at the federal level, you must ask directly. USDA-regulated products. Most meat, poultry, and egg products fall under USDA jurisdiction rather than FDA. These are not covered by FALCPA, though USDA has its own allergen labeling guidance. Alcohol. Beverages regulated by the TTB have separate labeling rules. Some beers and wines use shellfish-derived processing agents. Non-packaged foods. Foods sold loose, in bulk, or without standard packaging may not carry ingredient labels at all.
Mollusks vs. Crustaceans: An Important Distinction
FALCPA specifically covers crustacean shellfish. Mollusks, which include oysters, clams, mussels, and scallops, are NOT covered by FALCPA. The FDA does not classify mollusks as major food allergens. This means that products containing mollusks are not required to declare them under FALCPA.
However, some individuals with crustacean shellfish allergy also react to mollusks. The proteins are different, but cross-reactivity can occur. For individuals with severe shellfish allergy, avoiding both crustaceans and mollusks is a common precaution.