H.R. 8385

Food Labeling Modernization Act of 2026

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Sec. 9. Information about major food allergens and gluten-containing grains

(a) In general. Section 403(w) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(w)) is amended—

(1) in subparagraph (1)—

(A) in the matter preceding clause (A), by inserting or gluten-containing grain after major food allergen;

(B) in clause (A)—

(i) by inserting , or the gluten-containing grain is derived after is derived; and

(ii) by striking is printed immediately after or is adjacent to the list of ingredients (in a type size no smaller than the type size used in the list of ingredients) required under subsections (g) and (i) and inserting is printed as specified in subparagraph (8); and

(C) in clause (B)—

(i) in the matter preceding subclause (i)—

(I) by inserting or gluten-containing grain after of the major food allergen;

(II) by striking in the list of ingredients required under subsections (g) and (i) and inserting as so printed; and

(III) by inserting or the gluten-containing grain is derived, after is derived,;

(ii) in subclause (i), by inserting , or the gluten-containing grain is derived after is derived; and

(iii) in subclause (ii)—

(I) by inserting , or the gluten-containing grain is derived, after is derived; and

(II) by striking not a major food allergen under section 201(qq)(2)(A) or (B) and inserting the following:

Text this section adds to the law

not—

(I) a major food allergen under section 201(qq)(2)(A) or (B); or

(II) a gluten-containing grain.

(2) in subparagraph (3), by striking The information and inserting Subject to subparagraph (8)(B), the information;

(3) in subparagraph (4), by inserting or gluten-containing grain after major food allergen;

(4) in subparagraph (7)—

(A) in clause (A)—

(i) by striking paragraph (6) and inserting subparagraph (6); and

(ii) by striking allergen labeling requirements of this subsection and inserting allergen and gluten-containing grain labeling requirements of this paragraph; and

(B) in clause (B), by inserting or gluten-containing grain after major food allergen; and

(5) by adding at the end the following:

Text this section adds to the law

(8) The information required by subparagraph (1) to be conveyed to the consumer shall be—

(A) printed immediately after or adjacent to the list of ingredients (in a type size no smaller than the type size used in the list of ingredients) required under paragraphs (g) and (i); or

(B) in the case of a nonpackaged food being offered for sale at retail, and not subject to the requirements of paragraphs (g) and (i), placed on a sign adjacent to the food (in a type size no smaller than the name of the food item).

(b) Hazard analysis and preventive controls. Section 418 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g) is amended—

(1) in subsection (b)(1)(A), by inserting gluten-containing grains, after allergens,; and

(2) in subsection (o)(3)(D), by inserting and gluten-containing grain after allergen.

(c) Inspections relating to food allergens. Section 205 of the Food Allergen Labeling and Consumer Protection Act of 2004 (21 U.S.C. 374a) is amended by inserting and gluten-containing grains after allergens each place it appears.