PRINTER'S NO. 2704
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2122
Session of
2024
INTRODUCED BY DALEY, BRENNAN, GUENST, CEPEDA-FREYTIZ, NEILSON,
KAZEEM, KINSEY, MALAGARI, SANCHEZ, SCOTT, CERRATO AND
SHUSTERMAN, MARCH 14, 2024
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MARCH 14, 2024
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, in food protection, providing for labeling of food
products with gluten-containing grains.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 3 of the Pennsylvania Consolidated Statutes
is amended by adding a section to read:
ยง 5735.1. Labeling of food products with gluten-containing
grains.
(a) Legislative findings and declarations.--The General
Assembly finds and declares as follows:
(1) Celiac disease is a potentially life-threatening and
life-debilitating food allergy, autoimmune disease and
digestive disease triggered by eating gluten.
(2) Individuals living with celiac disease, non-celiac
gluten sensitivity and other related food allergies are
subject to gluten-induced sicknesses, which may:
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(i) Involve myriad symptoms, including vomiting,
diarrhea, cramping, joint pain, fatigue and brain fog.
(ii) Result in damage to intestinal lining,
malnutrition, permanent immunological scarring, iron
deficiency anemia, diarrhea, vomiting, migraines,
osteoporosis, additional autoimmune diseases, heart
disease, intestinal cancers and potentially life-
threatening anaphylaxis.
(3) The labeling of gluten-containing grains is a key
component to improve the health and safety of the residents
of this Commonwealth who live with celiac disease, non-celiac
gluten sensitivity and other related food allergies.
(b) Labeling.--In addition to any other labeling requirement
under Federal or State law, the following apply to the labeling
of a food product manufactured, sold or distributed in this
Commonwealth:
(1) If the food product contains gluten or an ingredient
derived from a gluten-containing grain, the label shall:
(i) Specify the content of gluten in the food
product.
(ii) Include a statement that food products
containing gluten may cause adverse health effects in
individuals with celiac disease or certain food
sensitivities or intolerances.
(2) The label of the food product may specify that the
food product is gluten free if:
(i) the food product does not contain gluten or an
ingredient derived from a gluten-containing grain;
(ii) the food product contains less that 20 parts
per million gluten; or
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(iii) the ingredients of the food product have been
processed to remove gluten.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Gluten." The proteins that:
(1) naturally occur in a gluten-containing grain; and
(2) cause adverse health effects in individuals with
celiac disease or certain food sensitivities or intolerances.
"Gluten-containing grain." Any of the following grains or a
crossbred hybrid of any of the following grains:
(1) Wheat, including any species belonging to the genus
Triticum.
(2) Rye, including any species belonging to the genus
Secale.
(3) Barley, including any species belonging to the genus
Hordeum.
(4) Oat, including any species belonging to the genus
Avena sativa.
Section 2. This act shall take effect in 60 days.
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