Gluten-Free Food Label
On August 5,
2013, FDA issued a final rule defining the term “gluten-free” for voluntary use
in the labeling of foods. The compliance date for the final rule was August 5,
2014. Food products bearing a gluten-free claim labeled on or after that date
must meet the rule's requirements. In addition, on June 25, 2014, FDA issued a
guide for small food businesses to help them comply with the final rule's
requirements. FDA will continue to educate and monitor industry on the
gluten-free claim.
In general,
foods may be labeled “gluten-free” if they meet the definition and otherwise
comply with the final rule’s requirements. More specifically, the final rule
defines "gluten-free" as meaning that the food either is inherently
gluten free; or does not contain an ingredient that is: 1) a gluten-containing
grain (e.g., spelt wheat); 2) derived from a gluten-containing grain that has
not been processed to remove gluten (e.g., wheat flour); or 3) derived from a
gluten-containing grain that has been processed to remove gluten (e.g., wheat
starch), if the use of that ingredient results in the presence of 20 parts per
million (ppm) or more gluten in the food. Also, any unavoidable presence of gluten
in the food must be less than 20 ppm.
The final
rule applies to all FDA-regulated packaged foods, including dietary
supplements. The rule excludes those foods whose labeling is regulated by the
U.S. Department of Agriculture (USDA) and the Alcohol and Tobacco Tax and Trade
Bureau (TTB). Generally, USDA regulates the labeling of meats, poultry, and
certain egg products (FDA regulates the labeling of shell eggs). TTB regulates
the labeling of most alcoholic beverages, including all distilled spirits, wines
that contain 7 percent or more alcohol by volume, and malted beverages that are
made with both malted barley and hops. FDA says that restaurants making a gluten-free claim on their
menus should be consistent with FDA’s definition
All foods
imported into the United States must meet the same federal requirements as
foods domestically produced. Therefore, if the label of an imported food
subject to FDA regulations makes a gluten-free claim, that food must comply
with the gluten-free labeling requirements.
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