HB 6447 Summary

• Creates a new misdemeanor offense for intentionally defrauding consumers by selling food falsely represented as gluten-free, including oral statements, written labels, or packaging marked with "gluten-free" or similar terms.

• Establishes a misdemeanor for failing to clearly identify and distinguish between gluten-free and non-gluten-free food products when both are displayed together for sale.

• Prohibits willfully marking, labeling, or removing/altering gluten-free identification on food products, and knowingly selling unmarked or fraudulently labeled food as gluten-free.

• Requires any person selling food represented as gluten-free to post and comply with a disclosure describing the basis for that representation; provides good faith defense if seller relied on manufacturer's representations.

• Assigns enforcement authority to the Department of Agriculture and Rural Development, which must investigate and inspect gluten-free food sales and promulgate rules under the Administrative Procedures Act; takes effect 90 days after enactment.