The registered trademark depicting the Barred Ear attests to a voluntary product certification issued–based on a special specification–to certain gluten-free foods.
The term ‘gluten-free‘ in any case, even regardless of certification, is subject to specific rules that are additional to the general duties to provide information about the presence of allergens in food.
Gluten-free foods, by the way, may contain gluten in minimal amounts (within the 20 mg/kg limit). Subject to the duty to specify the grains that may remain there. (1) An in-depth study.
Gluten-free foods, regulatory excursus
‘Gluten-free‘ and ‘gluten-reduced‘ foods have undergone a unique regulatory excursus:
– subjected in principle to the specific discipline of dieto-therapeutic products (foods intended for special dietary needs), have been
– first subject to deregulation by reg. EU 609/13, which, in repealing dir. 1989/398/EEC, brought them under the magnum sea of commonly used foods,
– subsequently framed in a new special framework reserved only for them (reg. EU 828/14). (2)
Regulation (EU) no. 828/14
‘Gluten-free‘, ‘very low gluten content‘
Reg. EU 828/14 ‘concerningrequirements regarding consumer information on the absence of gluten or its presence to a reduced extent in food‘ regulates the use of only those terms referring to gluten that are allowed in product labeling:
– ‘gluten-free‘ if the gluten content in the final product of the food sold to the final consumer does not exceed 20 mg/kg,
– ‘very low gluten content‘ for only products with ingredients ‘derived from wheat, rye, barley, oats or their crossbred varieties, especially processed to reduce the gluten content‘ not exceeding 100 mg/kg (reg. EU 828/14, Art. 3.1).
‘Suitablefor celiac disease’, ‘specifically formulated for celiac disease‘
The labeling of the two product categories can voluntarily refer to the terms ‘suitablefor celiac disease’ and ‘specifically formulated for celiac disease‘, respectively (EU reg. 828/14, Art. 3.2, 3.3). The reference to gluten, celiac disease and food intolerances must in any case meet the general criteria of transparency of consumer information, as noted above. (3)
The operators are then empowered to notify the Ministry of Health of gluten-free foods specifically formulated for people with celiac disease (or ‘for people intolerant to gluten‘) – i.e., intended to replace foods traditionally made with cereals that contain gluten – for the purpose of their inclusion in the registry of products dispensable to people with celiac disease. (4)
Gluten-free, the Spiga Barrata certification
The symbol with the red barred ear of corn on a white background, enclosed in a red circle, is a registered trademark of the Italian Celiac Association (AIC). Its use is licensed to operators who apply a special specification and submit to additional controls by the certifying body.
The label of products certified with Spiga Barrata is characterized-as well as by the claim ‘gluten-free‘ and any other permitted wording (see upper paragraph)-by the presence of:
– Barred Ear symbol, red on white or vice versa, with the registered trademark logo (®),
– product code, according to European coding that identifies the country where the concession was issued (e.g., IT) and the numeric codes of operator and individual product. (5)
Interim conclusions
Consumers who are recipients of celiac products well know:
– the meaning of the crossed-out ear of wheat, which throughout Europe expresses the absence of gluten (with a tolerance of 20 ppm, agreed upon on a scientific basis by celiac disease associations even before in EU reg. 828/14)
– the significance of this certification for Italian and European celiac consumers, precisely because it was conceived and has always been managed by the Italian Celiac Association (AIC) and its sister organizations,
– the distinctive value of the certification expressed through the Spiga Barrata logo, even compared to other product or process certifications (e.g., ISO 9001, ISO 22000).
Dario Dongo
Notes
(1) Allergens in food adjuvants, what thresholds? Lawyer Dario Dongo answers.. FARE(Food and Agriculture Requirements). 4/26/22, https://www.foodagriculturerequirements.com/archivio-notizie/domande-e-risposte/allergeni-nei-coadiuvanti-alimentari-quali-soglie-risponde-l-avvocato-dario-dongo
(2) Dario Dongo. Claim ‘gluten-free’, similar wording not allowed. GIFT(Great Italian Food Trade). 29.1.21, https://www.greatitalianfoodtrade.it/etichette/claim-senza-glutine-non-ammesse-le-diciture-similari
(3) Dario Dongo. Gluten-free? Without exaggeration. GIFT (Great Italian Food Trade). 11.12.17, https://www.greatitalianfoodtrade.it/etichette/senza-glutine-senza-esagerare
(4) Dario Dongo. Celiac disease, cuts and debates on dispensable products. GIFT(Great Italian Food Trade). 6.1.19, https://www.greatitalianfoodtrade.it/idee/celiachia-tagli-e-dibattiti-sui-prodotti-erogabili
(5) The system is based on the standard developed by AOECS(Association of European Coeliac Societies), which groups national coeliac associations in the Old Continent. Among the 23 thousand gluten-free foods are certified Spiga Barrata in the European licensing system referable to A.O.E.C.S., 2729 are Made in Italy. V. https://www.aoecs.org/working-with-food/gluten-free-certification/
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
