Today, during Celiac Disease Awareness Month, U.S. Representatives Emanuel Cleaver, II (D-MO) and Betty McCollum (D-MN) introduced the Celiac Safety Act to strengthen food labeling law and protect the roughly 3 million Americans with Celiac Disease. The legislation is the first proposal in Congress to require the Food and Drug Administration (FDA) to mandate the inclusion of “gluten-containing grains” as a major food allergen, ensuring manufacturers label the inclusion of all gluten-containing ingredients in products made available to the public.
Support the Celiac Safety Act to require products containing wheat, barley, or rye to list "gluten-containing grains" as a major food allergen and provide an 18-month implementation window for FDA and manufacturers.
Occurrences
Mr. CLEAVER introduced the following bill... To amend the Federal Food, Drug, and Cosmetic Act to include gluten-containing grain in the definition of a major food allergen... The term 'gluten-containing grain' means... wheat... rye... barley... The amendment made by subsection (a) applies only with respect to food that is introduced or delivered for introduction into interstate commerce on or after the date that is 18 months after the date of enactment of this Act.
Evidence
FDA’s current food-allergy page lists the nine major food allergens as milk, eggs, fish, Crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame. It discusses gluten separately as an other substance monitored by FDA, not as a major food allergen.
The current eCFR provision defines gluten-containing grains as wheat, rye, and barley, and regulates when food may bear voluntary gluten-free claims below the 20 ppm standard.
FDA’s FALCPA text requires major-allergen labeling and separately required FDA rulemaking to define and permit use of gluten-free labeling on foods.
FDA’s final rule established compliance requirements for fermented or hydrolyzed foods that bear gluten-free claims, with an effective date of October 13, 2020.
Assessments
The promised policy has not been delivered: current federal allergen-labeling law and FDA materials still list wheat, but not barley, rye, or broader gluten-containing grains, as major food allergens, and existing FDA gluten rules address voluntary gluten-free claims rather than the mandatory Celiac Safety Act labeling framework with an 18-month implementation window. Because the claim is framed as supporting the Celiac Safety Act, and the record indicates the relevant policy remains unimplemented during Cleaver's active House service, this is best scored as an unsuccessful legislative-policy effort rather than unresolved delivery.