EU legislation

Commission Implementing Regulation (EU) No 828/2014 (OJ L 228, p5, 31/07/2014) of 30 July 2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food

This Regulation has applied since the 20th July 2016. It defines 'gluten' as meaning,

"a protein fraction from wheat, rye, barley, oats or their crossbred varieties and derivatives thereof, to which some persons are intolerant and which is insoluble in water and 0,5 M sodium chloride solution"

The Regulation specifies that where statements are used to provide information to consumers on the absence or reduced presence of gluten in food, such information must be given only through the statements set out in the Annex to the Regulation. The Annex sets out the following statements and conditions of use:

Gluten-Free

The statement ‘gluten-free’ may only be made where the food as sold to the final consumer contains no more than 20 mg/kg of gluten.

Very Low Gluten

The statement ‘very low gluten’ may only be made where the food, consisting of or containing one or more ingredients made from wheat, rye, barley, oats or their crossbred varieties which have been specially processed to reduce the gluten content, contains no more than 100 mg/kg of gluten in the food as sold to the final consumer.

Additional requirements for food containing oats

Oats contained in a food presented as gluten-free or very low gluten must have been specially produced, prepared and/or processed in a way to avoid contamination by wheat, rye, barley, or their crossbred varieties and the gluten content of such oats cannot exceed 20 mg/kg.

The above statements may be accompanied by the additional indication ‘suitable for people intolerant to gluten’ or ‘suitable for coeliacs’.

The statements can also be accompanied by the information ‘specifically formulated for people intolerant to gluten’ or ‘specifically formulated for coeliacs’ if the food is specially produced, prepared and/or processed to:

(a) reduce the gluten content of one or more gluten-containing ingredients; or

(b) substitute the gluten-containing ingredients with other ingredients naturally free of gluten.

Infant formulae and follow-on formulae

It is not permitted under this Regulation to give food information regarding the absence or reduced presence of gluten in infant formulae and follow-on formulae as defined in Directive 2006/141/EC (NO LONGER IN FORCE).