Proposal P264 - Review of gluten claims with specific reference to oats and malt

18 December 2002

INITIAL/DRAFT ASSESSMENT REPORT

Full Report [ pdf 251kb ]

Executive Summary and Statement Of Reasons

The purpose of this review is to determine the need to retain the specific prohibition of gluten claims on foods containing oats and/or malt in clause 16, Standard 1.2.8 and if so, to determine the need to extend the prohibition on oats and malt to include oats and malt 'and their products'. FSANZ's primary objective during this review is to protect the health and safety of individuals with Coeliac disease, by ensuring that the regulation of gluten claims adequately reflects current scientific evidence. In addition, this review seeks to ensure that consumers are provided with adequate information to make appropriate food choices for their level of gluten intolerance.

Coeliac disease is a life-long dietary intolerance to gluten resulting in damage to the lining of the small bowel (intestine) such that food is not absorbed properly. Based on membership data held by the Coeliac Societies of Australia and New Zealand, it is estimated that the prevalence of Coeliac disease in Australia and New Zealand is approximately 1 in 1600 of the population in both countries.

The conditions for making claims in relation to the gluten content of a food are set out in clause 16, Standard 1.2.8 - Nutrition Information Requirements of the Food Standards Code as at Attachment 1. Under the current regulations, a food containing oats and/or malt is unable to carry a claim in relation to the gluten content of the food, even if it meets the general criteria for 'gluten free' or 'low gluten'. The specific prohibition of gluten claims on foods containing oats or malt was introduced due to the unreliability of the methods of detection available to detect the gluten equivalent fractions in oats and malt that may be toxic to individuals with Coeliac disease.

The Initial Assessment Report is intended to raise a number of issues and questions in relation to the toxicity of oats and malt in individuals with Coeliac disease, together with the adequacy of current analytical methods to detect gluten in oats and malt. It also identifies regulatory options, the parties that are likely to be affected, and the potential impact on stakeholders of any of the options identified. The regulatory options identified include:

Option 1: Maintain the status quo and retain the specific prohibition of gluten free and low gluten claims on foods containing oats and malt;

Option 2: Amend Standard 1.2.8 to remove the specific prohibition of gluten free and low gluten claims on foods containing oats and/or malt; and

Option 3: Amend Standard 1.2.8 to retain the specific prohibition of gluten free and low gluten claims on foods containing oats and malt and extend it to include the products of oats and malt.

The progress and direction of P264 will be guided by information received through the consultation process where advice will be sought from External Advisory Groups and through public consultation. Public submissions are now invited in response to this Initial Assessment Report.

Full Report [ pdf 251kb ]