Legislation

Legislation governing the levels of gluten in foods claiming ‘gluten free’ or ‘very low gluten’.

In 2009, EU legislation was developed to provide a legal definition for the claims ‘gluten free’ and ‘very low gluten’ to assist coeliacs in choosing suitable products for their diet.  An overview of this legislation is provided in the following document: INSERT 

The regulation can be accessed here:

Composition and Labelling of Foodstuffs Suitable for People Intolerant to Gluten


Further information on changes to the labelling of gluten free foods

Codex Alimentarius, an International organisation tasked with developing food standards and guidelines, have revised the standard for labelling of gluten free products.

There are now two labelling categories of foods suitable for gluten intolerant individuals, as follows:

  • Foods not exceeding 20ppm of gluten - ‘gluten free’
  • Foods containing between 21-100ppm of gluten - ‘very low gluten’
  • (ppm means 'parts per million')

A review of the amount of gluten tolerated by people with coeliac disease indicated that the previous Codex Standard threshold of 200ppm may not have been sufficiently protective for all individuals.  The review also suggested that there was insufficient evidence to propose a single threshold level of gluten in gluten free foods.  Additionally, testing methods for detecting gluten in foods have improved and new standards have been included in the Codex Standard.

New European legislation

In January 2009, a European Commission Regulation on gluten free foods was adopted based on the Codex Standard.  The legislation allows a three year transition period before the new terms become mandatory by January 2012.

Food products with levels of gluten less than 20ppm will be able to be labelled as gluten free.  This will apply to mainstream products (such as crisps, soups etc), pure uncontaminated oat products and specialist substitute products, including those containing Codex wheat starch, which meet the relevant criteria.  Other specialist substitute products, which have been processed to reduce the gluten content, with a gluten level between 21 and 100ppm will be able to use the term ‘very low gluten’.

Prescribable products

There is a range of staple gluten free items which are only available on prescription for those medically diagnosed with either coeliac disease or dermatitis herpetiformis. Prescription guidelines outline the minimum monthly recommended amount of staple items required to maintain a well-balanced gluten-free diet.


References

Codex ‘ Codex Standard for Foods for Special Dietary Use for Persons Intolerant to Gluten’ Standard 118-1979 (adopted in 1979, amended 1983, revised 2008)

Commission Regulation (EC) No 41/2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten.  OJ L16, p3, 21/01/2009