Gluten Free Legislation : State & Federal
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Whether we like it or not, Celiac Disease is political. FDA regulations protect our food system, federal funding impacts research, and 504 plans protect our gluten free kids at school. Here’s a list of proposed gluten free legislation in individual states and at the federal level. Please consider contacting your legislators to support these bills.
What Types of Gluten Free Legislation Are Proposed?
I used the website Bill Track 50 to research proposed gluten free legislation that covers food allergies, celiac disease, gluten free labeling, and restaurant legislation pertaining to disclosure of allergens on menus. (You can sign up for a free Bill 50 account to search their database.)
The ADDE Act recently passed in California, which requires that restaurants disclose all major food allergens on their menus. (This can be in print or shared electronically.) After that passed, quite a few states are introducing similar bills, especially here in Michigan.
What Can I Do To Support Gluten Free Legislation?
If you live in one of the states listed, please contact your state legislators and ask them to support these bills. This is especially true if the gluten free legislation is still in committee, as many bills never make it past committee.
For the federal bills listed at the bottom of the page, please contact your United States Representative and Senators and ask them to support these bills. Tell them how the passage of this gluten free legislation will personally impact you.
How Do I Contact My Elected Officials?
You can use the website USA.gov/Elected-Officials to find your federal, state and even city elected officials. Always remember that the job of your elected officials is to represent and listen to YOU. Make them do their job. You can call them, email and even ask for a meeting.
Vermont Legislation
VT H0144 – This bill proposes to require owners and operators of food service establishments to designate employees to complete a food allergen training program. Additionally, menus must include a request for customers to inform staff about known food allergies.
Massachusetts Legislation
MA H5012 / S2927– This bill mandates that all public, private, and charter schools in Massachusetts, from prekindergarten through grade 12, as well as public and private institutions of higher education, must prominently display comprehensive food and nutritional information on their websites for students with medically restricted diets, such as those with celiac disease or food allergies.
MA H5013 / S2928– For legislation to establish a Celiac Disease screening pilot program for certain children.
New York Legislation
NY S04005– This bill introduces new requirements for preventing gluten cross-contamination in food service establishments
NY S04177 – This bill establishes a comprehensive approach to raising awareness and supporting research for Celiac Disease in New York State through multiple initiatives
NY S05970 – This bill establishes a Center for Autoimmune Research and Blood Disorder Research (CABDR) at the SUNY Downstate Medical Center,
New Jersey Legislation
NJ A2139– This bill establishes a gluten-free certification program and requires the Division of Consumer Affairs to publish a list of certified restaurants on the division’s website
Pennsylvania Legislation
PA SB629 – This bill establishes new labeling requirements for food products containing gluten-containing grains in Pennsylvania, aimed at protecting individuals with Celiac Disease and gluten sensitivities.
PA SR24 – Urging to pass Food Labeling Modernization Act
Maryland Legislation
MD HB105 – Requiring restaurants to make available to each customer a written disclosure of each main food allergen, if any, that is an ingredient in each menu item; and excluding a violation of the Act from certain criminal penalties.
MD HB181 – Requiring restaurants to make available to each customer a certain written disclosure of each main food allergen, if any, that the restaurant knows or reasonably should know is an ingredient in each menu item. This bill would include penalties for violations.
“Violations of these allergen disclosure requirements could result in misdemeanor charges, fines, imprisonment, or civil penalties, with each day of violation counting as a separate offense.”
Virginia Legislation
VA SB183 – Create new rules requiring restaurants that offer delivery or carry-out service to clearly label food items that have been modified or substituted because a customer has a specific food allergy or sensitivity.
VA SB486 – Required disclosures for dietary supplements and medication; gluten disclaimer.
VA HB380 – Directs the State Health Commissioner to add celiac disease awareness and safety to the topics included in written materials provided for the training of restaurant personnel.
VA HB831 – Develop work group to study medication, drug, and vaccine ingredient labeling
Michigan Legislation
MI HB5402 – The bill requires food service permit holders to provide written notification to consumers about the presence of all major food allergens
Illinois Legislation
IL HB4686 – All restaurants in Illinois must clearly indicate on their menus, including online versions, which menu items contain major food allergens
Wisconsin Legislation
WI SB786 – This bill requires a restaurant operator or manager to receive food allergen training in order to obtain a certificate of food protection practices issued by the Department of Agriculture.
Missouri Legislation
MO SB1319 – This bill modifies Missouri’s food labeling regulations by expanding requirements for product packaging and labeling, including gluten (as well as caffeine).
Mississippi Legislation
MS HB292 – An Act To Require Food Allergy Awareness Training For Restaurant Employees To Cover And Assess Knowledge Of Gluten As A Food Allergen
United States / Federal Legislation
US HR6199 – Bill to support Medical Nutrition Therapy for those with gastro diseases, such as Celiac Disease to be covered by Medicare Part B
US HR 3821 – Allergen Disclosure In Non-food (Prescription Meds) Articles Act (Adina Act)
How to Propose Gluten Free Legislation In Your State
The wonderful thing about legislation in this era is that the text of all proposed bills are listed. If you would like to see similar legislation passed in your state, print / copy it and share it with your local state legislator or members of Congress.
Who Controls What’s Considered “Gluten Free”?
The United States didn’t define “gluten free” until 2013. Since then, I’ve been trying to help people understand the gluten free definition and the labeling laws. To make it even more confusing at time, multiple gluten free certification organizations exist, all with different PPM requirements.
Unfortunately the Food Allergen Labeling Consumer Protection Act only requires the disclosure of wheat, not rye or barley (and barley malt.) And despite concerns shared prior to 2013, oats continue to be a problematic ingredient in gluten free food.
At this time, the FDA is asking citizens to share their comments on expanding the labeling laws to add all gluten free containing grains, to add rye and barley. Please leave a comment on the petition if you haven’t done so already.
Did I Miss A Piece of Gluten Free Legislation?
Bills are proposed at the state and federal level every day. If you know one that I missed, please share it in the comments section. Please leave the State (or US) Bill number. (My website doesn’t always like links in the comments section and marks them as SPAM. Sorry.)