Labeling Gluten-free on Alcoholic Beverages

Labeling Regulation of Gluten Content in Alcoholic Beverages

The Alcohol and Tobacco Tax and Trade Bureau (TTB) revised the latest the policy on Gluten Content Statements in the Labeling and Advertising of Wine, Distilled Spirits, and Malt Beverages in February 2014. Both TTB and FDA share the regulatory responsibility for the food and beverages in the US including alcoholic beverages.

The FDA regulates the labeling of beers that are not made with barley and hops but instead made with malted barley and no hops or with substitute of barley with or without hops. Sorghum, millet, rice, buckwheat are substitutes for barley. The TTB regulates labeling of malt beverages or beers made with malted barley and hops. One brand TTB is responsible for labeling is Omission. Inspections are neither mandatory nor voluntary by the TTB. However, the Federal Alcohol Administration Act (FAA Act) established standards for bottlers and importers to obtain a certification of labeling and advertisement for wine, distilled spirits and malt beverages that contains at least 7 percent alcohol by volume. The FDA under the Federal Food, Drug and Cosmetic Act is responsible for beers that are not sake or malt beverages and wine under the alcohol content of 7 percent by volume.

• January 23, 2007: FDA defines the term “gluten-free” as foods that contain ingredients of gluten-grain such as wheat, rye, barley and crossbred hybrid of those grains would not be able to label their product to be “gluten-free”.

• August 3, 2011: FDA reopened the proposed rule and specifically addressed the issue of gluten free claims for fermented or hydrolyzed products. At this time, there are no known reliable source of method to validate the foods containing < 20-parts per million (ppm) gluten.

• August 15, 2013: FDA Final Rule stated on the use of “gluten-free” claims in food labeling. Foods may be labeled “gluten-free” if the following applies: (TTB does not believe these rulings are relevant for malt beverages)

• Does not contain ingredients made from grains

• Does not contain ingredients derived from grain and that has not been processed to remove gluten

• Does not contain ingredients derived from grain and that has not been processed to remove gluten ingredients (distillation) result in 20 ppm or more

The FDA’s statement of beers and gluten-free claims:

• Made from non-gluten containing grain

• Has been subject to processing to remove gluten to <20 ppm

TTB Ruling:

Alcohol beverages such as wine fermented from grapes or vodka distilled from potatoes may be safe to label gluten-free. It is depended on the manufacture to prevent cross contamination practices in the establishment. The manufacture is also responsible to control the use of additives that may contain gluten. Many industries claimed they used various processes to remove gluten from the product and the remaining gluten is usually less than 10 ppm. According to the TTB, it would be misleading to label an alcoholic beverage “gluten free” when the beverage is produced from grains containing gluten or claimed a specific gluten level of ppm when there is no means of validation. However, the TTB’s Advisory, Labeling and Formulation Division will accept the product submission and descriptive method of the product with an application of approval to evaluate the substantiating claim that gluten has been removed from the product successfully using appropriate techniques. TTB expects the manufacturers to follow appropriate practices to prevent cross contamination during production, processing, storage and other handling practices.

For the product that were produced using gluten containing grains such as wheat, rye, barley or crossbred of these grains and were treated, crafted or processed to remove the gluten is allowed to use the statement “Treated”, “Crafted” or “Processed”. These statements or terms concluded that: (1) The product was fermented or distilled from a grain containing gluten, (2) the gluten content of the product cannot be verify and (3) the product may contain gluten.

Must use one of the following statement:

“Product fermented from grains containing gluten and [processed or treated or crafted] to remove gluten. The gluten content of this product cannot be verified and this product may contain gluten.”

“This product was distilled from grain containing gluten, which removed some of all of the gluten. The gluten content of this product cannot be verified, and this product may contain gluten.”

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