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Food Suite® Canada  Special News Bulletin |
| August 23, 2022: AN UPDATE TO CANADIAN FOOD LABELLING MODERNIZATION & RELATED CONSULTATIONS... | |
The "cat is out of the bag". On July 6, 2022 CFIA, (Canadian Food Inspection Agency)k amendments to the Food and Drug Regulations, (FDR) and the Safe Food for Canadians Regulations (SFCR), known as Food Product Innovation, (FPI), formally as Food Labelling Modernization, (FLM), were the published in final form in Canada Gazette II.
Not to be "outdone", Health Canada's final rules on front of packaging nutrition symbols, (FOP) and supplemented flood, (SF), rules were also published in Canada Gazette II, on July 20, 2022. In the span of just July 22, final rules in amendments to the FDR and SFCR that had been worked on for years were finalized. For the reader's interest, we have created 3 executive summaries on the July 2022 final rules. These can be downloaded from www.legalsuites.com.
The following is a summary of the more recent final Canadian food labelling rules that are in transition or simply just worth noting.
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Initiative |
Summary, Comments & Links |
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Ingredient & Nutrition Labelling |
So, What Happened on and since December 14, 2016? BACKGROUND: Final regulations amending the Food and Drug Regulations (FDR) came into force on December 14, 2016, when published in Canada Gazette II. This had the following consequences.
STATUS: These regulations are final. TRANSITION PERIOD: The formal transition period ends on December 14, 2021. This means food labelled after this date must be with a label that includes a new ingredient list and nutrition facts table. UPDATE: In February 2021, CFIA and Health Canada announced that due to COVID-19 challenges, CFIA will in the year following December 14, 2021, (until December 14, 2022), engage in compliance promotion and education. Effectively, CFIA will not enforce the new rules in the year following the end of the transition period. The transition period has not however been formally extended. CFIA has also noted that they may engage in enforcement discretion in the year following December 14, 2022, (until December 14, 2023), where manufacturers have a detailed plan in place to bring the labelling of the food up-to-speed with the new labelling requirements as soon as possible. So effectively industry has been given an extra year and possibly a bit more to label their foods with the new ingredient and nutrition labelling rules.
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Food Labelling Modernization (now known as Food Product Innovation Regulations) |
So, What Happened to CFIA’s Food Labelling Modernization? BACKGROUND: After many years of consultation dating back to 2013, proposed food labelling modernization regulations that would have, if they had been finalized, amended the Food and Drug Regulations and the Safe Food for Canadians Regulations regarding broad based food labelling requirements. Some streamlining of rules was also part of this. Proposed regulations were published in Canada Gazette I on June 22, 2019. This had the following consequences. Please note that the following is not a comprehensive summary of all proposed regulations. STATUS: These proposed regulations have for the most part been abandoned by CFIA. What was left was transformed into CFIA's Food Product Innovation, (FPI), initiative. As noted above, final rules were published on July 6, 2022. It is important to note that CFIA has stated that it expects to reintroduce FLM as proposed rules, sometime in the future. At this time, a date as to when this happen has not been identified. FURTHER: An executive summary on CFIA's FPI rules can be download at the following link. |
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Front of Package (FOP) Nutrition Labelling |
So, What Happened to FOP (Front of Packaging) Nutrition Labelling? BACKGROUND: After many years of consultation, proposed rules were published in Canada Gazette I in February 2018. In one of the more strange examples of rule making, final regulations were published in Canada Gazette II on July 20, 2022. Along with FOP rules a number of other amendments, such as the repeal, of sweetener statements, vitamin D addition to certain dairy food, etc. have also been finalized. STATUS: These regulations are final. TRANSITION PERIOD: A transition ending December 31, 2025 is offered to industry to implement the changes, where needed. FURTHER: An executive summary on Health Canada's FOP rules can be download at the following link. |
| Supplemented Food |
Supplemented Foods BACKGROUND: After years of attempting to modernize Canada rules on discretionary supplementation of foods with vitamins, minerals, amino acids and other substances, proposed regulations were introduced on June 26, 2021. Final regulations were published in Canada Gazette II on July 20, 2022. STATUS: These regulations are final. TRANSITION PERIOD: A transition period ending December 31, 2025 is offered to industry, to transition existing products under a TMAL, (temporary marketing authorization letter). The regulations are final and can now be exercised in their entirety. FURTHER: An executive summary on Health Canada's SF rules can be download at the following link. |
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Simulated Meat/Poultry and Pant Based Foods
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Proposed changes to guidelines for simulated meat and simulated poultry products BACKGROUND: In November 2020, CFIA announced that it will look at the possibility of creating a policy position on developing criteria that clearly differentiates products that might on the appearance alone resemble meat or poultry products. Current definition of “simulated meat/poultry” in the Food and Drug Regulations capture products as simulated meat/poultry products simply based on how a food is interpreted as “resembling” a meat or poultry product. As simulated meat and poultry products are subject to compositional and nutrition considerations in Division 14-FDR (Simulated Meat) and Division 21-FDR (Simulated Poultry). STATUS: This is in the post consultative stage, waiting for CFIA feedback on what they have heard. TRANSITION PERIOD (comment): This appears to be the development of a policy in assisting in the interpretation of what might be considered a substitute food. AS such formal rule changes may not be needed. The outcome may provide great flexibility to industry and thus likely would not need a transition period once finalized. UPDATE: The consultation period is now closed. |
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Measuring the protein quality of foods |
Measuring the protein quality of foods BACKGROUND: Health Canada in December 2020 had provided an update on the acceptable methods of determining protein quality in most foods, like simulated meat/poultry and for the purpose of making nutrient content claims. Since the official method (FO-1) is referenced in the FDR, this amendment must involve Governor in Council amendments to the FDR. STATUS: While proposed and final regulations (Food and Drug Regulations) still need to be drafted, Health Canada has noted they will accept the new PDCAAS method now. TRANSITION PERIOD (comment): In the interim, while the regulatory process is undertaken, Health Canada will accept both PER (Protein Efficiencies Ratio) or PDCAAS (protein digestibility corrected amino acid score) methods. As such a formal transition period would not seem necessary as this is not in effect. |
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Uniform Compliance Dates |
Consultation on Proposed Joint Policy Statement on Food Labelling Coordination BACKGROUND: In February 2021, Health Canada launched a consultation on a policy where they would work with CFIA to set fixed compliance date every 2 years for any new food labelling changes. The consultation is still open. It ends April 3, 2021. The first proposed fixed compliance date is January 1, 2026. The policy would apply to regulatory changes under the Food and Drugs Act or the Safe Food for Canadians Act, affecting food labelling. Changes that related to serious consumer deception or acute risks to health and safety would not be subject to the policy. STATUS: Consultation is now closed. |
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Consulting With Canadians |
To keep up with ongoing Government of Canada consultations visit the following link. A list of various government of Canada consultation. |
| Sodium & Potassium |
Health Canada’s proposal to update the incorporated by reference document: Table of daily values
STATUS: A notice of modification (NOM), which is akin to final rules, is expected by fall or 2022. |
| Reference Amounts | : Proposed updates to the reference amount tables. STATUS: A notice of modification (NOM), which is akin to final rules, is expected by fall or 2022. |
