FDA Released Final Rule on Gluten-Free Labeling of Fermented and Hydrolyzed Foods

The U.S. Food and Drug Administration released a final rule to establish compliance requirements for fermented and hydrolyzed foods, or foods that contain fermented or hydrolyzed ingredients, that bear the “gluten-free” claim. The final rule, titled “Gluten-Free Labeling of Fermented or Hydrolyzed Foods,” covers foods such as yogurt, sauerkraut, pickles, cheese, green olives, FDA-regulated beers and wines, and hydrolyzed plant proteins used to improve flavor or texture in processed foods such as soups, sauces, and seasonings. Because gluten proteins in hydrolyzed and fermented foods are no longer intact and, currently, cannot be adequately detected and quantified through testing, the final rule states that FDA will determine compliance based on records kept by the manufacturer to show that their foods are gluten-free before fermentation or hydrolysis. It also includes a discussion of compliance for distilled foods such as vinegar. The rule does not change the definition of “gluten-free” established by FDA in 2013.