Coconut and certain other foods are now no longer considered to be major food allergens according to the US Food and Drug Administration (FDA). Since section 201(qq) of the Federal Food, Drug, and Cosmetic (FD&C) Act only lists almonds, walnuts, and pecans the Department of Agriculture, Trade and Consumer Protection (DATCP) has relied on FDA guidance for a list of other tree nuts that are major food allergens. FDA most recently updated this list and provides other information in edition 5 of their Q&A regarding food allergens on January 6, 2025. This update removes certain foods listed below and makes clear, “Only the tree nuts listed in Table 1 are considered major food allergens…”

The tree nuts removed are:

• Beech nut
• Butternut
• Chestnut
• Chinquapin
• Coconut
• Ginkgo nut
• Hickory nut
• Lichee nut
• Pili nut
• Sheanut

The tree nuts included in Table 1. are:

• Almond
• Black walnut
• Brazil nut
• California walnut
• Cashew
• Filbert/Hazelnut
• Heartnut/Japanese walnut
• Macadamia nut/Bush nut
• Pecan
• Pine nut/Pinon nut
• Pistachio
• Walnut (English, Persian)

DATCP may consider enforcement discretion in light of this information while our rules, guidance documents, and other information will take time to update. For example, while “coconut” should not be included in a “Contains” statement anymore, we expect it to take time and find it reasonable for existing label stock to be used up while businesses revise labeling. Tree nuts used as ingredients, but not listed in Table 1, are still required to be listed by common or usual name in the ingredient list (21 CFR 101.4).  Be aware that this change may also impact how food businesses address cross-contact of these delisted tree nuts.

For questions, please email datcpfoodmailbox@wi.gov or call (608) 224-4923.