labelling of gluten-free foods

New rules relating to claims about the gluten content of food came fully into force on 1 January 2012.

EU Regulations concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten and the corresponding national regulations provide for two claims to be used when describing the gluten content of foods specifically marketed for people intolerant to gluten:

  • ‘very low gluten’, where the level of gluten is 100mg/kg or less and which contain cereal ingredients that have been specially processed to reduce the level of gluten
  • ‘gluten-free’, where the level of gluten is 20mg/kg or less, either through substitution of cereals containing gluten with cereals that do not contain gluten, or through reduction in the levels of gluten in the cereals containing gluten.

The ‘very low gluten’ claim can only be made on foods that are specifically prepared for people with a gluten intolerance. The ‘gluten-free’ claim may be made both on foods specifically made for someone with gluten intolerance and ‘normal’ foods that meet the gluten limit.

The legislation covers all food labelled ‘gluten-free’ or ‘very low gluten’ sold either pre-packed or non pre-packed in both the retail and catering sectors and applies irrespective of whether the gluten is present as a deliberate ingredient or as a result of cross-contamination.

From 1 January 2012 no other claims which highlight the suitability of foods for people intolerant to gluten will be allowed. The term ‘suitable for coeliacs’ and the Coeliac UK logo will no longer be allowed to be used on their own to indicate suitability for coeliacs, but they may be used to supplement the ‘gluten-free’ and ‘very low gluten’ claims.

However, where a food does not contain any gluten-containing ingredients and where good cross-contamination controls are in place, it is acceptable to use a factual statement such as ‘no gluten-containing ingredients’ provided the label does not indicate suitability for those with a gluten intolerance or mention levels of gluten.

The allergen labelling rules which require products containing gluten-containing cereals to make this clear on the label will continue to apply alongside rules for gluten claims.

Foods specifically prepared for people intolerant to gluten must be described with either a ‘gluten-free’ or ‘very low gluten’ claim and must be notified to the Department of Health when placed on the market for the first time or if they were already on the market when the legislation came into force. This applies to both pre-packed and non-prepacked foods.

From 1 January 2012, any foods still carrying old labels which are not compliant with the new rules must be removed from sale.

For more information, please contact John Mitchell, partner in Blake Lapthorn's Food law team on 023 8085 7231 or email john.mitchell@bllaw.co.uk.