Allergen rules touch a bakery more than almost any other food business, because flour, eggs, milk, nuts and sesame are the ingredients, not the exceptions. The rules also stop at points most owners do not expect, and the marketing has to know where.
Packaged versus boxed to order. Federal allergen labeling covers foods a retail or foodservice business packages and offers for sale. FDA’s Q&A (Edition 5, January 2025) says it does not apply to food placed in a wrapper or container in response to a customer’s order. So the pre-boxed cookies on a shelf need an allergen label; a cake boxed at pickup does not, under federal law. FDA also notes that requirements for unpackaged food, such as bakery goods displayed on trays, may vary, which means your state or county may still ask for more.
Sesame. Since January 1, 2023, sesame has to be labeled as an allergen on packaged foods. FDA reports that some manufacturers responded by adding small amounts of sesame to products that did not have it before. If you buy in buns, flours or toppings, the supplier’s label is now part of your own allergen statement.
“Free” claims. A “may contain” statement is not a substitute for good manufacturing practice, an allergen-free claim must be truthful and not misleading, and FDA says a product with a “may contain milk” warning should not also say “milk-free”. A “nut-free” caption on Instagram is the same claim as one on a label. For gluten, FDA’s 2013 rule sets the line at under 20 parts per million, and FDA recommends that menu claims meet the same definition. An estimated 3 million people have celiac disease, and they read those words literally.
Cottage labels. In Texas, a home baker’s label must list any major allergen used (eggs, tree nuts, soy, peanuts, milk, wheat and sesame are the state’s examples) and carry the statement that the product was made in a private residence not subject to governmental licensing or inspection. Online, that information must be visible before payment.
Why this is a marketing issue and not only a kitchen one: when Congress passed the 2004 allergen law, its findings cited an FDA review of baked goods, ice cream and candy makers in Minnesota and Wisconsin in which 25 percent of sampled foods failed to list peanuts or eggs. Parents of allergic children remember that kind of thing. A clear allergen statement on the order form is one of the reasons they choose you.
