Bill S6542-2013

Provides for the regulation of the use of food and food product labeling which states that the product is "gluten-free"

Provides for the regulation of the use of food and food product labeling which states that the product is "gluten-free".

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  • Feb 4, 2014: REFERRED TO AGRICULTURE

Memo

BILL NUMBER:S6542

TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the labeling of gluten-free foods and food products

PURPOSE: Provides for the regulation of the use of food and food product labeling which states that the product is "gluten-free"

SUMMARY OF PROVISIONS:

Section One - amends the agriculture and markets law by adding a new section 214-o to outline and define the labeling of gluten-free foods and food products. Part 1 defines "Gluten-containing grain" shall mean wheat, rye, barley or crossbred hybrids. "Gluten" shall mean the proteins that naturally occur in a gluten containing grain and that may cause adverse health effects in individuals with celiac disease "Gluten-Free" shall mean that a food production does not contain an ingredient that is a gluten-containing grain, an ingredient that is derived from a glutencontaining grain and that has not been processed to remove gluten or an ingredient that is derived from a gluten-containing grain and that has been processed to remove gluten if the use of such ingredient results in the presence of twenty parts per million or more of gluten in the food products or inherently does not contain gluten and any unavoidable presence of gluten in the food or food product is below twenty parts per million.

Part Two - any food or food product which includes in its labeling the term "gluten-free", "no gluten", "free of gluten", "without gluten" which is not gluten shall be deemed misbranded. Any food or food products that include the term, "wheat" or "contains wheat" in its ingredient list and is also labeled as, "gluten-free", "no gluten", "free of gluten" or "without gluten" shall be deemed to be misbranded, unless the term "wheat" or "contains wheat" is immediately followed by an asterisk with the following statement, "The wheat has been processed to allow this food or food product to meet the requirements of the New York State Department of Agriculture and Markets."

Part Three - the department shall establish an implement a scientifically valid method, consistent with any such method established by the federal Food and Drug Administration, that will reliably detect the presence of twenty parts per million or more of gluten in all foods or products.

Part Four - the provisions of this section shall be interpreted and implemented in a manner which is consistent with any federal statute, rule or regulation relating to the labeling of food and food products with their gluten content.

Part Five - any individual, partnership, limited liability company, corporation, association or firm violating the provisions of this section shall be guilty of a misdemeanor.

Part Six - any individual, partnership, limited liability company, corporation, association or firm violating the provisions of this section shall be subject to the civil penalties provided for in sections thirty-nine and forty of this chapter.

Part Seven - the commissioner shall promulgate any and all rules and regulations, and take any further actions as shall be necessary to implement the provisions of this section, Provided that all such rules, regulations and actions shall be consistent with the provisions of any federal law, rule or regulation relating to the labeling of food or food products as "gluten free".

Section Two - the commissioner of agriculture and markets shall post on the department of agriculture and markets internet website the provisions of section 214-o of the agriculture and markets law, an explanation of such provisions and the effective date.

Section Three - this act shall take effect immediately, except that subdivisions 1-6 of section 214-o of the agriculture and markets law, as added by section one of this act, shall take effect one year after this act shall have become law.

JUSTIFICATION: Currently many gluten-free labels are not exactly as they seem. The term "gluten-free" means that the food being labeled, does not contain an ingredient that is a gluten-containing grain, an ingredient that is derived from a gluten-containing grain and that has not been processed to remove gluten, and does not contain higher than 20 milligrams.

Individuals that rely on the labeling of foods to be correct, or truly "gluten-free," as the label suggests are those with Celiac disease. Celiac disease is a chronic inflammatory disorder of the small intestine in generically susceptible individuals. It is triggered by ingesting certain storage proteins, commonly referred to as "gluten," that naturally occur in some cereal grains. The continuing of the consumption of gluten by an individual with Celiac disease can lead to very serious health problems. Celiac disease has no cure, and individuals who have this disease are advised to avoid all sources of gluten in their diet.

The popularity of such a diet added more products to the market labeled "gluten-free." But it also created uncertainty about what "gluten-free" really meant, becuase there was no uniform standard applied to them. Many consumers have to spend their time reading over the labels looking to make sure there is an acceptable gluten-free level for them to consume. This proposed legislation will simply minor federal law set by the FDA by stating that foods can no longer be labeled as "gluten-free" if they contain 20 mg or more of gluten and any food labeled as "gluten-free" that does not meet that criteria will be deemed to be misbranded. This allows safer and easier living for an individual with Celiac disease and instill confidence that a product they intend to purchase will not be harmful to their health.

LEGISLATIVE HISTORY: New legislation.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately, except that subdivisions 1 through 6 of section 214-o of the agriculture and markets law, as added by section one of this act, shall take effect one year after this act shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6542 IN SENATE February 4, 2014 ___________
Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to the labeling of gluten-free foods and food products THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The agriculture and markets law is amended by adding a new section 214-o to read as follows: S 214-O. LABELING OF GLUTEN-FREE FOODS AND FOOD PRODUCTS. 1. FOR THE PURPOSES OF THIS SECTION: A. "GLUTEN-CONTAINING GRAIN" SHALL MEAN ANY OF THE FOLLOWING GRAINS OR THEIR CROSSBRED HYBRIDS: (1) WHEAT, INCLUDING ANY SPECIES BELONGING TO THE GENUS TRITICUM; (2) RYE, INCLUDING ANY SPECIES BELONGING TO THE GENUS SECALE; OR (3) BARLEY, INCLUDING ANY SPECIES BELONGING TO THE GENUS HORDEUM. B. "GLUTEN" SHALL MEAN THE PROTEINS THAT NATURALLY OCCUR IN A GLUTEN- CONTAINING GRAIN AND THAT MY CAUSE ADVERSE HEALTH EFFECTS IN INDIVIDUALS WITH CELIAC DISEASE. C. "GLUTEN-FREE" SHALL MEAN: (1) THAT A FOOD OR PRODUCT: (A) DOES NOT CONTAIN ANY OF THE FOLLOWING: (I) AN INGREDIENT THAT IS A GLUTEN-CONTAINING GRAIN, (II) AN INGREDIENT THAT IS DERIVED FROM A GLUTEN-CONTAINING GRAIN AND THAT HAS NOT BEEN PROCESSED TO REMOVE GLUTEN, OR (III) AN INGREDIENT THAT IS DERIVED FROM A GLUTEN-CONTAINING GRAIN AND THAT HAS BEEN PROCESSED TO REMOVE GLUTEN, IF THE USE OF SUCH INGREDIENT RESULTS IN THE PRESENCE OF TWENTY PARTS PER MILLION OR MORE OF GLUTEN IN THE FOOD OR FOOD PRODUCT; OR (B) INHERENTLY DOES NOT CONTAIN GLUTEN; AND (2) ANY UNAVOIDABLE PRESENCE OF GLUTEN IN THE FOOD OR FOOD PRODUCT IS BELOW TWENTY PARTS PER MILLION. 2. A. ANY FOOD OR FOOD PRODUCT WHICH INCLUDES IN ITS LABELING THE TERM "GLUTEN-FREE", "NO GLUTEN", "FREE OF GLUTEN" OR "WITHOUT GLUTEN" WHICH IS NOT GLUTEN FREE SHALL BE DEEMED MISBRANDED.
B. ANY FOOD OR FOOD PRODUCT THAT INCLUDES THE TERM "WHEAT" IN ITS INGREDIENT LIST OR IS OTHERWISE LABELED WITH THE TERM "CONTAINS WHEAT", AS REQUIRED BY 21 U.S.C. 343 (W)(1)(A), AND IS ALSO LABELLED AS "GLUTEN-FREE", "NO GLUTEN", "FREE OF GLUTEN" OR "WITHOUT GLUTEN" SHALL BE DEEMED TO BE MISBRANDED, UNLESS THE TERM "WHEAT" OR "CONTAINS WHEAT" IS IMMEDIATELY FOLLOWED BY AN ASTERISK AND THE FOLLOWING STATEMENT: "THE WHEAT HAS BEEN PROCESSED TO ALLOW THIS FOOD OR FOOD PRODUCT TO MEET THE REQUIREMENTS OF THE NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS". 3. THE DEPARTMENT SHALL ESTABLISH AN IMPLEMENT A SCIENTIFICALLY VALID METHOD, CONSISTENT WITH ANY SUCH METHOD ESTABLISHED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION, THAT WILL RELIABLY DETECT THE PRESENCE OF TWEN- TY PARTS PER MILLION OR MORE OF GLUTEN IN ALL FOODS AND FOOD PRODUCTS. 4. THE PROVISIONS OF THIS SECTION SHALL BE INTERPRETED AND IMPLEMENTED IN A MANNER WHICH IS CONSISTENT WITH ANY FEDERAL STATUTE, RULE OR REGU- LATION RELATING TO THE LABELING OF FOOD AND FOOD PRODUCTS WITH THEIR GLUTEN CONTENT. 5. ANY INDIVIDUAL, PARTNERSHIP, LIMITED LIABILITY COMPANY, CORPO- RATION, ASSOCIATION OR FIRM VIOLATING THE PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A MISDEMEANOR. 6. ANY INDIVIDUAL, PARTNERSHIP, LIMITED LIABILITY COMPANY, CORPO- RATION, ASSOCIATION OR FIRM VIOLATING THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO THE CIVIL PENALTIES PROVIDED FOR IN SECTIONS THIR- TY-NINE AND FORTY OF THIS CHAPTER. 7. THE COMMISSIONER SHALL PROMULGATE ANY AND ALL RULES AND REGU- LATIONS, AND TAKE ANY FURTHER ACTIONS AS SHALL BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION. PROVIDED THAT ALL SUCH RULES, REGU- LATIONS AND ACTIONS SHALL BE CONSISTENT WITH THE PROVISIONS OF ANY FEDERAL LAW, RULE OR REGULATION RELATING TO THE LABELING OF FOOD OR FOOD PRODUCTS AS "GLUTEN FREE". S 2. The commissioner of agriculture and markets shall post on the department of agriculture and markets internet website the provisions of section 214-o of the agriculture and markets law, as added by section one of this act, an explanation of such provisions and the effective date of subdivisions 1 through 6 of such section of the agriculture and markets law. S 3. This act shall take effect immediately, except that subdivisions 1 through 6 of section 214-o of the agriculture and markets law, as added by section one of this act, shall take effect one year after this act shall have become a law.

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