Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Marketing Authorization for Gluten-free Oats and Foods Containing Gluten-free Oats (SOR/2015-114)

Regulations are current to 2020-10-05

Marketing Authorization for Gluten-free Oats and Foods Containing Gluten-free Oats

SOR/2015-114

FOOD AND DRUGS ACT

Registration 2015-05-19

Marketing Authorization for Gluten-free Oats and Foods Containing Gluten-free Oats

The Minister of Health, pursuant to sections 30.2Footnote a and 30.3Footnote a of the Food and Drugs ActFootnote b, issues the annexed Marketing Authorization for Gluten-free Oats and Foods Containing Gluten-free Oats

Ottawa, May 15, 2015

RONA AMBROSE
Minister of Health

Interpretation

Marginal note:Definitions

 The following definitions apply in this Marketing Authorization.

gluten

gluten means

  • (a) any gluten protein from the grain of any of the following cereals or from the grain of a hybridized strain that is created from at least one of the following cereals:

  • (b) any modified gluten protein, including any gluten protein fraction, that is derived from the grain of any of the cereals referred to in paragraph (a) or from the grain of a hybridized strain referred to in that paragraph. (gluten)

p.p.m.

p.p.m. means parts per million by weight. (p.p.m.)

Exemptions

Marginal note:Representation or advertisement — gluten-free oats

 Any representation about gluten on the label of a food that is oats or that contains oats, and an advertisement for the food is exempt from the application of section B.24.018 of the Food and Drug Regulations if

  • (a) the oats — as a food or as an ingredient or component of a food — are

    • (i) specially produced and processed in a manner designed to avoid their contamination by gluten from barley, rye, triticale or wheat or from a hybridized strain created from at least one of those cereals, and do not contain more than 20 p.p.m. of gluten from those cereals and hybridized strains created from at least one of those cereals, or

    • (ii) specially processed in a manner designed to limit or reduce the amount of gluten from barley, rye, triticale or wheat or from a hybridized strain created from at least one of those cereals, and do not contain more than 20 p.p.m. of gluten from those cereals and hybridized strains created from at least one of those cereals;

  • (b) the food contains no oats other than oats referred to in paragraph (a);

  • (c) the food does not contain more than 20 p.p.m. of gluten from barley, rye, triticale or wheat or from a hybridized strain created from at least one of those cereals;

  • (d) the food does not contain any added gluten from barley, rye, triticale or wheat or from a hybridized strain created from at least one of those cereals; and

  • (e) all representations with respect to oats on the label of the food and in an advertisement for the food, clearly refer to the oats as gluten-free.

Marginal note:Source of gluten

 A food that is oats or that contains oats and that satisfies the conditions set out in section 2 is exempt from the application of section B.01.010.1 and subparagraph B.01.010.3(1)(b)(ii) of the Food and Drug Regulations in respect of the requirement to show the source of gluten from oats.

Marginal note:Name for oats

 A food that is oats or that contains oats and that satisfies the conditions set out in section 2 is exempt from the application of subsection B.01.010(2) of the Food and Drug Regulations in respect of the name by which oats are shown as an ingredient or component in the list of ingredients for the food.

Coming into Force

Marginal note:Registration

 This Marketing Authorization comes into force on the day on which it is registered.

Date modified: