A customer stops at your table, picks up a maple pecan scone and reads the label: "Contains: Tree Nuts, Wheat, Milk, Eggs." Their child is allergic to walnuts and fine with pecans. Or maybe it is the other way round, and the label cannot tell them which. They put the scone down. That is the good outcome. The bad one is that the label lists only half of what is in the bag.
The allergen line is the shortest line on a cottage food label and the one most likely to hurt somebody. Under federal law, FDA treats a packaged food whose label leaves out a major allergen as misbranded, and such foods are subject to recalls and seizure (FDA Q&A Edition 5, A.6 (opens in new tab)). The good news is that the rules for writing it fit on an index card, and every one of them can be learned in an afternoon.
The short version: Declare each major allergen either inside the ingredient list or in a line that starts with a capital-C "Contains", placed right after or beside the ingredient list, in the same type size. If you use a Contains line, it names every major allergen in the food. Name the specific nut, fish or shellfish. Keep "may contain" separate, and never use it for something the recipe actually holds.
Every federal rule below comes from FDA's own guidance, Questions and Answers Regarding Food Allergens, Edition 5 (PDF) (opens in new tab) (January 2025), cited by question number so you can check any rule yourself.
Which of these rules your state's cottage food law requires is a state question. Cottage food labels are set by state law. Some states require an allergen declaration in this federal format. Others, such as Colorado, require a full ingredient list and a disclaimer that mentions allergens, but no separate allergen declaration (C.R.S. § 25-4-1614(3)(a) (opens in new tab)). Even where your state does not require it, the federal format is what FDA requires on nearly all packaged food (B.1), so it is the one shoppers already see on store-bought products. Your state's page in the cottage food law guides says what yours requires.
The nine major food allergens and the words to print
Federal law names nine major food allergens. Sesame became the ninth on January 1, 2023, under the FASTER Act (FDA's FASTER Act page (opens in new tab)). The middle column below is the important one. For three of the nine, the law wants a more specific word than the group name.
| Major allergen | What to print | Notes |
|---|---|---|
| Milk | Milk | Milk from goats, sheep and other ruminants counts too; FDA recommends naming the animal, as in "goat milk" (C.1, C.2) |
| Eggs | Egg or Eggs | Duck, goose and quail eggs count; FDA recommends naming the bird (C.3, C.4) |
| Fish | The species: cod, salmon, tilapia | "Fish" alone is not acceptable (C.5) |
| Crustacean shellfish | The species: shrimp, crab, lobster | Oysters, clams, mussels and scallops are molluscs, not a major allergen (B.9) |
| Tree nuts | The nut: almonds, pecans, walnuts | Only the nuts in FDA's Table 1 count (C.7, C.8) |
| Wheat | Wheat | Includes spelt, durum, semolina, einkorn, emmer, Khorasan and triticale (C.9) |
| Peanuts | Peanut or Peanuts | Singular or plural is fine (C.10) |
| Soybeans | Soy, soya or soybeans | All three are accepted (C.11) |
| Sesame | Sesame | Required since January 1, 2023 |
FDA's Table 1 lists almond, Brazil nut, cashew, hazelnut (filbert), macadamia, pecan, pine nut, pistachio and four walnuts: English or Persian, black, California and heartnut. Coconut is not on it, and neither is chestnut. Those still go in the ingredient list by name, but FDA says the Contains statement is reserved for major food allergens, so they stay out of it (C.8).
Seven allergen statement mistakes, and the fix for each
These are easy mistakes to make on a home-bakery label. None of them needs a lawyer to fix. Each one needs a minute and the right rule.
1. "Contains: Tree Nuts"
The problem. The group name tells a customer with one nut allergy nothing. FDA is blunt about it: the ingredient list or Contains statement "cannot broadly declare 'tree nuts,' 'fish,' or 'Crustacean shellfish'" (C.5).
The fix. Name every nut, species or shellfish in the recipe. A mixed-nut brittle reads "Contains: Almonds, Cashews, Pecans". If one ingredient brings several, name each one (D.4).
This is the mistake Ardent Seller is built to catch. Its cottage food label generator builds the "Contains:" line from your recipe and will not print while a tree nut, fish or shellfish in it has no specific name. Pick Pecans under the ingredient's "Which tree nuts?" question, and the label prints.
2. Leaving out allergens the ingredient list already names
The problem. The ingredient list says "butter, eggs, wheat flour", so the baker writes only "Contains: Pecans", the one allergen that doesn't jump out. The federal format does not allow that. If a label has a Contains statement at all, it must name all of the major allergens in the food, even those already clear from the ingredient list (D.1, D.6).
The fix. Pick one approach and do it completely. Either:
- No Contains line. Every allergen appears by its source name in the ingredient list, adding a parenthetical where the ingredient name hides it: "whey (milk)", "semolina (wheat)", "spices (sesame)".
- A Contains line that lists everything. It names every major allergen in the product, whatever the ingredient list already says.
The second is usually easier on the reader: a customer scanning for one word reads a single line faster than a paragraph of ingredients.
3. Missing the allergen hiding inside an ingredient
The problem. Some ingredient names do not say where they came from. Whey, casein and ghee come from milk. Semolina and spelt are wheat. A purchased spice blend may contain sesame. FDA notes that ghee and lactose often carry residual milk protein, and when they do, milk must be declared (B.7). If a blend lists only "spices", the sesame inside it still has to be declared (B.5).
The fix. Read the label of every purchased ingredient, not just your own recipe card. Chocolate chips (milk, soy), sprinkles, pie crust mix and frosting bases are common places to check. One trap is easy to miss: flour that only dusts a pan or belt. FDA's example is wheat flour used on a processing belt under rice crackers. It does not have to appear in the ingredient list, but wheat still has to be declared (D.8). Wheat flour dusted into the pan for a rice-flour cake works the same way for the allergen rule: wheat must be declared, because you put it there on purpose.
Highly refined oils carry the opposite exemption: they stay in the ingredient list but out of the allergen declaration. A highly refined soybean oil is exempt from the allergen labeling rules, so soy does not go in the Contains line for it, though "soybean oil" still goes in the ingredient list (D.9). If you are unsure whether your oil is highly refined, ask the supplier rather than guess.
4. Using "may contain" instead of "contains"
The problem. "May contain nuts" on a pecan pie. It sounds cautious, but it is misleading. A "may contain" line tells customers the allergen is not meant to be in the food. FDA says a product that contains milk should not also say "may contain milk" (D.14), and an advisory statement is never a replacement for actually declaring an ingredient.
The fix. If it is in the recipe, it goes in the Contains line. "May contain" is only for allergens that could get in by cross-contact, meaning they reach the food by accident through shared trays, mixers or counters. Cross-contact allergens do not belong in the Contains statement (D.8, D.11). The test is intent. Anything you put on the food or the pan on purpose, even a dusting of flour, is declared (D.8). Only an accidental transfer is cross-contact.
5. Treating "may contain" as a safety plan
The problem. A blanket "May contain peanuts, tree nuts, milk, eggs, wheat, soy and sesame" on every product, written so the cleaning can stop. FDA says a "may contain" statement is not a substitute for good manufacturing practices, and it must be truthful and not misleading (D.12, D.15).
The fix. Clean between allergen and non-allergen batches, bake the nut-free items first, and keep an advisory line only for a real risk you have not managed to remove. "May contain walnuts" on the sugar cookies baked on the brownie trays is honest. A list of every allergen in the pantry is not.
6. Treating the state disclaimer as the allergen statement
The problem. Many states require a home-kitchen disclaimer, and some of them mention allergens. Colorado requires this exact wording: "This product was produced in a home kitchen that is not subject to state licensure or inspection and that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish. This product is not intended for resale." (C.R.S. § 25-4-1614(3)(a)(V) (opens in new tab)). It describes the kitchen. It never says what is in this scone, and it does not mention sesame.
The fix. Print the state disclaimer word for word, as a separate line, and write your own allergen declaration as well, whether or not your state requires one. Your state's label rule may set other elements too. The cottage food law guides list each state's required label wording, and the free Cottage Food Laws by State quick reference puts all of them on one sheet.
7. A Contains line in tiny print, far from the ingredients
The problem. The Contains line is set in 5-point type on the back flap while the ingredients sit on the front, or it is written "contains:" in lower case at the end of a sentence.
The fix. FDA expects the Contains statement immediately after or next to the ingredient list (D.1), in the same type size as that list (D.6), and starting with the word "Contains" with a capital C (D.7). Bold and punctuation are optional. The easy layout is to put the Contains line directly under the ingredient list, in the same size, bolded.
One allergen statement, before and after
Here is a single product worked through most of the mistakes above. The label is a made-up example. The scone has wheat flour, butter, buttermilk, eggs, pecans, a store-bought maple glaze that lists "natural flavor, soy lecithin", and a pan dusted with flour. It is baked on trays that also bake walnut brownies.
Before:
Maple Pecan Scones. Ingredients: flour, sugar, butter, buttermilk, eggs, pecans, maple glaze (sugar, maple syrup, natural flavor, soy lecithin), baking powder, salt. may contain nuts. Contains: Tree Nuts.
What is wrong with it, in order:
- "flour" does not say wheat. With a Contains line on the label, wheat has to be in that line anyway (mistake 2).
- "may contain nuts" describes nuts the recipe actually holds (mistake 4).
- "Contains: Tree Nuts" names a group, not the nut (mistake 1).
- The Contains line leaves out milk, eggs, wheat and soy (mistake 2).
- The real walnut risk from the brownie trays hides behind that vague "nuts" instead of being named, as in "May contain walnuts" (mistake 5).
- The "may contain" sentence sits between the ingredient list and the Contains line. FDA wants the Contains line immediately after or next to the list (D.1), and putting it directly underneath leaves no doubt (mistake 7).
After:
Maple Pecan Scones. Ingredients: wheat flour, sugar, butter, buttermilk, eggs, pecans, maple glaze (sugar, maple syrup, natural flavor, soy lecithin), baking powder, salt.
Contains: Wheat, Milk, Eggs, Pecans, Soy.
May contain walnuts.
Then the state's own disclaimer goes on its own line, word for word, along with the other elements your state requires.
Why the new version works:
- The Contains line names all five allergens. "Pecans" replaces "Tree nuts", and the line starts with a capital C, right under the ingredient list.
- Soy appears even though "soy lecithin" already says it. The Contains line has to be complete.
- Walnuts show up only as "may contain", and as a separate sentence. They are a real cross-contact risk from the shared trays, not an ingredient.
- The dusting flour adds no new word. Wheat is already declared.
Before you print: a five-question check
Run this against every new recipe and every supplier change:
- Did I read the label of every purchased ingredient, including glazes, chips, sprinkles and mixes?
- Is every major allergen in the recipe declared, either in the ingredient list or all together in the Contains line, by its specific name for nuts, fish and shellfish?
- If there is a Contains line, is it right under the ingredient list, in the same type size, starting with a capital C?
- Is any "may contain" line about a real cross-contact risk, kept separate, and free of anything the recipe actually contains?
- If my state requires a disclaimer, is it printed word for word on its own line, in addition to the allergen declaration?
The second question is where a spreadsheet lets you down: one new frosting base three recipes deep, and the old label is wrong without anyone noticing. In Ardent Seller's recipe and allergen tracking, the allergens live on each ingredient and flow up through sub-recipes, so the butter inside the buttercream inside the filling still reaches the cake's label. Every product's declaration is worked out from its current recipe. Change the allergens on one ingredient and every product that uses it picks up the change, so the next label you print reflects it. The label generator is on every plan, including the free one.
Try the label generator on one of your recipes. Pick a product, choose your state, and the generator lays out the ingredient list, the Contains line and your state's disclaimer, then refuses to print while a required element is missing or a tree nut, fish or shellfish has no specific name.
Related reading
- How to Label Handmade Products — the wider federal labeling picture: which of six rule sets covers your product and every element each one requires, beyond the allergen line.
- Colorado Cottage Food Law Guide — a full state label worked through end to end, including the disclaimer quoted above and the January 2027 changes.
- Batch Tracking for Food Sellers — if a supplier recalls an ingredient for an undeclared allergen, this is how you find which of your batches used it.
Free resources
One free download that pairs with this post:
- Cottage Food Laws by State: The 50-State + DC Quick Reference — the state disclaimer from mistake 6 differs everywhere, and this sheet puts each state's label elements side by side.
This article is provided for educational purposes only and does not constitute legal, regulatory, food-safety, or health advice. Allergen labeling and cottage food requirements vary by jurisdiction and product, and change over time. Consult your state agriculture or health department, a qualified food-labeling consultant, or an attorney before making labeling or safety decisions.