HB 6446 Summary

• Requires dealers (manufacturers, restaurants, stores, etc.) that represent food as gluten-free to post a conspicuous sign disclosing the basis for that representation at the point of sale or preparation.

• Prohibits dealers from selling or distributing food represented as gluten-free that does not conform to the posted basis of representation.

• Establishes penalties including administrative fines up to $500 for failure to display required posting and misdemeanor charges for violations of the representation requirement on second or subsequent offenses.

• Allows private lawsuits for damages (economic, noneconomic, or consequential) by persons harmed by violations, and provides a good faith defense for dealers relying on representations from manufacturers or distributors.

• Directs the Department of Agriculture and Rural Development to promulgate rules governing the format, size, placement, and content of required disclosure signs; takes effect 90 days after enactment, contingent on passage of HB 6447.