Hyperlawhypertext legal database Marketing Authorization for Gluten-free Oats and Foods Containing Gluten-free Oats current to 2019-06-21

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

Current to 2019-06-21 · last amended 2015-05-19

Contents
Provision

The Minister of Health, pursuant to sections 30.2 a and 30.3 a of the Food and Drugs Act b, issues the annexed Marketing Authorization for Gluten-free Oats and Foods Containing Gluten-free Oats S.C. 2012. c. 19, s. 416 R.S., c. F-27

Provision

Ottawa, May 15, 2015

Provision

RONA AMBROSE Minister of Health

Interpretation

s. 1 — Definitions

The following definitions apply in this Marketing Authorization.

s. 1, definition “gluten”

gluten means

s. 1, definition “gluten”, para (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:

s. 1, definition “gluten”, para (a)(i)

barley,

s. 1, definition “gluten”, para (a)(ii)

oats,

s. 1, definition “gluten”, para (a)(iii)

rye,

s. 1, definition “gluten”, para (a)(iv)

triticale,

s. 1, definition “gluten”, para (a)(v)

wheat; or

s. 1, definition “gluten”, para (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)

s. 1, definition “p.p.m.”

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

Exemptions

s. 2 — 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

s. 2(a)

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

s. 2(a)(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

s. 2(a)(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;

s. 2(b)

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

s. 2(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;

s. 2(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

s. 2(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.

s. 3 — 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.

s. 4 — 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

s. 5 — Registration

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