For a variety of reasons, including celiac disease and autism diets, numerous people now follow a gluten free diet. Gluten is the term applied to a group of proteins found in grains such as wheat, rye, spelt, and barley. The FDA issued a labeling rule for gluten free foods.
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The 13 August 2021 compliance date for the U.S. Food and Drug Administration’s (FDA) final rule
1 establishing recordkeeping requirements for foods bearing “gluten-free” claims that are fermented, hydrolyzed, or contain fermented or hydrolyzed ingredients is approaching. Because of the resources needed to establish these records, we encourage manufacturers to start planning now to ensure compliance by August.
Although foods that are fermented, hydrolyzed, or contain fermented or hydrolyzed ingredients remain subject to the same substantive standard for “gluten-free” claims as other foods generally
2, the FDA has established an alternate method of compliance with the “gluten-free” standard for fermented and hydrolyzed ingredients and foods focused on recordkeeping based on the lack of scientifically valid test methods to reliably detect and quantify the presence of 20 ppm gluten in fermented and hydrolyzed
FDA Issues Finalized Rule on How Gluten-Free Fermented and Hydrolyzed Foods are Labeled -
On August 12, 2020, the FDA issued a final rule, known as “Gluten-Free Labeling of Fermented or Hydrolyzed Foods,” which established compliance requirements for fermented and hydrolyzed foods, or foods that contain fermented or hydrolyzed ingredients claiming to be “gluten-free.” Some of the foods included in the rule are pickles, cheese, green olives, yogurt, sauerkraut, FDA-regulated beers and wines, and hydrolyzed plant proteins used to improve texture or flavor in processed foods.
The rule points to an inability to sufficiently detect and quantify through testing, gluten proteins in hydrolyzed and fermented foods no longer being intact. Therefore, the FDA will utilize records kept by the manufacturer demonstrating their foods to be gluten-free before fermentation or hydrolysis to determine compliance. The rule also includes a discussion of compliance for distilled foods.