senate Bill S6542

2013-2014 Legislative Session

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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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Feb 04, 2014 referred to agriculture

S6542 - Bill Details

Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add ยง214-o, Ag & Mkts L

S6542 - Bill Texts

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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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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 prote-
ins 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 gluten-
containing 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 pres-
ence 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 scientif-
ically 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 milli-
grams.

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.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6542

                            I N  S E N A T E

                            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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11935-01-3

S. 6542                             2

  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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