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

The present Regulations provide exemptions for representation or advertisement of gluten-free oats prom the application of the prohibition of section B.24.018 of the Food and Drug Regulations (it is prohibited to label, package, sell or advertise a food in a manner likely to create an impression that it is a gluten-free food if the food contains any gluten protein or modified gluten protein. This exemption applies if (a) the oats as a food or as an ingredient or component of a food — are 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 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. If these conditions are met a food that is oats or that contains oats is exempt as well from the application 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; and 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.