The distinction is the intended use: oats certified and imported for planting fall under 100410, while oats for milling, feed, or any other non-planting use fall under 100490. Importers claiming the seed subheading should have documentation supporting the planting purpose, as USDA APHIS phytosanitary requirements also apply to seed-grade imports.

Yes. Oats intended for human food are subject to FDA oversight, and oats marketed as 'gluten-free' must meet FDA's gluten-free labeling standard (less than 20 parts per million gluten). Cross-contamination with wheat, barley, or rye during growing or handling is a documented concern, so importers supplying the gluten-free food sector should require purity protocols and testing documentation from suppliers.