Bill Introduced to Amend FD&C Act to Require Gluten Labeling for Barley, Rye, Oats
On July 31, Congresswoman Anna Paulina Luna of Florida introduced the bipartisan Food Allergy Safety, Treatment, Education, and Research (FASTER) Act of 2026. The bill would amend the U.S. Food and Drug Administration's (FDA's) major food allergen labeling requirements to include barley, rye, and oats alongside wheat, in an effort to mitigate "hidden" exposure to gluten for consumers with celiac disease and gluten intolerance.
The bill seeks to amend the Federal Food, Drug, and Cosmetic Act (FD&C Act) by replacing "wheat" in the definition of a major food allergen with "gluten-containing grain," which would include wheat, barley, rye, oats, and crossbred hybrids such as triticale. It also directs the Department of Health and Human Services (HHS) to report to Congress on celiac disease surveillance, diagnostics, prevention, risk reduction, and the development of new treatments.
The introduction of the bill comes amid increasing concern over the health risks posed by accidental gluten exposure. An estimated 25.7 million people in the U.S. have celiac disease, gluten intolerance, or an IgE-mediated wheat allergy with potential cross-reactivity to barley, rye, and oats. Eighty-seven countries around the world require the labeling of wheat, barley, rye, and oats, including Canada, the UK, and many EU nations.
Since 2006, U.S. federal law has required wheat to be identified as a major food allergen, while barley, rye, and oats have not been included in the mandatory labeling requirement. The grains are often included in seasonings, flavorings, and small print on label disclosures, which can be difficult for gluten-intolerant and gluten-sensitive consumers to discern.
Congresswoman Luna, who noted that she herself has a gluten intolerance, said regarding the bill, "[Gluten intolerance is] a real and serious issue, and it's time the food industry respected that. We need transparent labeling so Americans can make informed decisions and safeguard their health."
Other Bills Introduced to Congress
In Congress, H.R. 9048, the Celiac Safety Act of 2026, would amend the FD&C Act to include gluten-containing grain in the definition of "major food allergen."
H.R. 8385, the Food Labeling Modernization Act of 2026, which focuses on front-of-package labeling, has also been introduced and referred to the House Energy and Commerce Committee, reflecting broader federal attention to food-label transparency.
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The 2019 FASTER Act and Recent Gluten Directives
In 2020, Congress passed the Food Allergy Safety, Treatment, Education, and Research (FASTER) Act of 2019, which declared sesame as the top ninth allergen recognized by FDA, making labeling for sesame mandatory and introducing a research agenda aimed at developing better treatments for food allergies. Food businesses are required to list sesame in the ingredient statement or in a "contains" statement immediately after the ingredient list.
In September 2025, the U.S. Department of Agriculture's Food Safety and Inspection Service (USDA-FSIS) revised its directive, "Ongoing Verification of Product Formulation and Labeling Targeting the Nine Most Common ('Big 9') Food Allergens," to inspectors specifying verification activities for the nine major allergens to include gluten. FSIS inspectors must verify that establishments are accurately controlling and labeling the nine most common (Big 9) food allergens, as well as gluten, in establishments producing meat, poultry, and egg products.
FDA has also been examining gluten cross-contact, issuing a 2026 request for information (RFI) on labeling and preventing cross-contact of gluten in packaged foods, including issues involving barley, rye, and oats. FDA has issued new labeling guidance and continued work on allergen cross-contact and gluten disclosure, with more developments likely to follow.
As explained in a recent op-ed written for Food Safety Magazine by attorneys Claudia Lewis, J.D. and Richard Starr, J.D., gluten obligations could evolve if FDA acts on the gluten RFI by requiring clearer disclosure of barley, rye, and cross-contact-affected oats beyond the current voluntary "gluten-free" framework. Over time, allergen compliance could shift from being label template-driven to documentation-driven, spanning product development, supplier approval, manufacturing, sanitation, quality assurance, and consumer communication.
