The Celiac Safety Act of 2026 (H.R.9048)

Under the Food Allergen Labeling and Consumer Protection Act (FALCPA), food manufacturers must clearly label a fixed list of “major food allergens.” Wheat is on that list, but the other gluten-containing grains barley and rye are not. That means an ingredient like malt or rye flour can appear in a product with no allergen warning, even though over 3 million people live with celiac disease and require a strict gluten-free diet. This leaves a real gap, where a product can be free from wheat and still contain gluten from barley or rye, but there is no clear signal of that on the label.  

The bill would add “gluten-containing grains” to the list of major food allergens. In practice, any packaged food containing wheat, barley, rye, or their crossbred hybrids would have to declare “gluten-containing grains” on the label the same way milk, eggs, or peanuts are declared today. Manufacturers would get an 18-month window to come into compliance after the bill becomes law.  

Rather than listing “rye” or “barley” separately the way “milk” or “peanuts” are listed, products containing wheat, barley, or rye would carry the declaration “gluten-containing grains” as the major allergen statement (wheat would still receive its own declaration in addition to this). The format would match how other major allergens are disclosed, but the specific grain triggering the label wouldn’t necessarily be spelled out. 

Gluten is naturally found in wheat, barley, and rye, which is the scientific basis for the bill’s definition of “gluten-containing grains.” Oats do not naturally contain gluten, so they are not part of that category. The complication with oats is cross-contact: oats are often grown, transported, or processed alongside wheat, barley, or rye, which can introduce gluten into oat products even though pure oats themselves are not a gluten-containing grain. Additionally, some people with celiac disease have reactions after eating avenin, which is in oats. However, this is separate from celiac disease itself. Including oats as a gluten-containing grain would unnecessarily restrict the diet of people with celiac disease who can eat pure oats that carry a gluten-free label. For more information on oats, view our webinar and research summaries here. 

No. The bill is about mandatory allergen labeling for ingredients – requiring “gluten-containing grains” to be listed when wheat, barley, rye, or their crossbred hybrids are deliberately used in a product. It doesn’t set requirements for unintentional cross-contact during growing, milling, or manufacturing. Cross-contact would be addressed separately from this legislation. There may be progress soon on that front too, though, as the FDA recently accepted comments specifically on labeling and preventing cross-contact of gluten in packaged foods.  

If your comments were submitted in response to the FDA’s January 2026 Request for Information on labeling and preventing cross-contact of gluten, that’s a separate effort. Instead of asking FDA to act through rulemaking or guidance, the Celiac Safety Act would result in Congress amending the law and adding gluten-containing grains to the major allergen list.  

The bill (H.R.9048) has been introduced in the House of Representatives and referred to committee. From there it would need to:

• Move out of committee (which is helped along by gathering co-sponsors)
• Pass a vote on the House floor
• Be introduced and passed in the Senate
• Be signed by the President

Right now the bill has bipartisan support, but growing the list of co-sponsors is key to moving it out of committee and toward a floor vote.

No. The bill includes an 18-month implementation window after enactment, giving the FDA and manufacturers time to update labels and processes.  

Allergen labeling (which is what this bill addresses) is mandatory. It requires manufacturers to disclose the presence of specific ingredients that are intentionally part of the product regardless of the amount present.

Gluten-free claims are voluntary. A manufacturer can choose to label a product gluten-free, but only if it meets the FDA’s standard of under 20 parts per million of gluten.