. /.WORLD TRADE
ORGANIZATIONG/TBT/N/NZL/15
24 October 2003
(03-5614)
Committee on Technical Barriers to Trade Original:  English
NOTIFICATION
The following notification is being circulated in accordance with Article 10.6.
1. Member to Agreement notifying:   NEW ZEALAND
If applicable, name of local government involved (Articles 3.2 and 7.2):           
2. Agency responsible:
Food Standards Australia New Zealand
PO Box 10559
Wellington 6036
NEW ZEALANDFax:  + 64 4 473 9855
E-mail:  info@foodstandards.govt.nz
Name and address (including telephone and fax numbers, e-mail and web-site
addresses, if available) of  agency or authority designated to handle comments
regarding the notification shall be indicated if different from above:           
3. Notified under Article 2.9.2 [  X ], 2.10.1 [    ], 5.6.2 [    ], 5.7.1 [    ], other:           
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading.
ICS numbers may be provided in addition, where applicable):   Foods and processed
foods
5. Title, number of pages and language(s) of the notified document:   Draft Assessment  for
Proposal  P264 – Review of Gl uten Claims with Specific Reference to Oats and Malt
(51 pages, in English).
6. Description of content:   The Draft Assessment Report for Proposal P264 proposes to
amend the  criteria for gluten free  and low gluten  claims in the Australia New Zealand Food
Standards Code  (the Code).
7. Objective and rationale, including the na ture of urgent problems where applicable:
Gluten claims are regulated in clause 16, Standard 1.2.8 - Nutrition Information
Requirements in the Code.  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  (no detectable gluten) or low gluten (less than or equal
to 20 mg gluten/100 g food).
The objective of the review is to determine whether to retain the prohibition of gluten
claims on foods containing oats or malt and if so, to determine whether to extend the
prohibition to foods that contain oats or malt "and their respective products".  The review
considers current scientific evidence and the views of public health professionals in
Australia and New Zealand in relation to the toxicity of oats and malt in individuals withCoeliac disease.  It also considers the current analytical methods that are available to detect
gluten in oats and malt.G/TBT/N/NZL/15
Page 2
It is recommended that the criteria for gluten free  and low gluten  claims be amended to:
(1) Extend the prohibition of gluten free  claims to foods such that the criteria for making a
gluten free  claim will include no detectable gluten; and no oats or malt; and no products of
oats or malt; and (2) remove the prohibition of low gluten  claims on foods containing oats
or malt such that the maximum level of 20 mg gluten per 100 g is the sole criterion for
making a low gluten  claim.
All applications to change the Code must be assessed in the context of the following
objectives: (a) the protection of public health and safety; (b) the provision of adequateinformation relating to food to enable consumers to make informed choices; and (c) the
prevention of misleading or deceptive conduct.
8. Relevant documents:   Australia New Zealand Food Standards Code  (English)
9. Proposed date of adoption:  Recommendation to Government anticipated to be made
mid-late 2004  with adoption (gazettal) to follow, pending Government consideration.
Proposed date of entry into force:  Date of Gazettal pending Government consideration.
10. Final date for comments:   31 December 2003
11. Texts available from:  National enquiry point [  X ] or address, telephone and fax
numbers, e-mail and web-site addresses, if available of the other body:  Documents are
available from the Food Standards Australia New Zealand website:
www.foodstandards.gov.au/standardsdevelopment .