NEW AMENDMENTS TO FOOD AND DRUG REGULATIONS:
NUTRITION LABELING, NUTRIENT CONTENT CLAIMS, HEALTH CLAIMS
New amendments to Canada's Food and Drug Regulations have been announced by Health Canada. Agriculture and Agri-Food Canada estimate that complying with these new amendments will cost the food and beverage industry over 250 million dollars. These mandatory regulations include new and updated requirements in three inter-related areas. Highlights of these new regulations are discussed below:
1) New Mandatory Nutrition Labeling on Prepackaged Foods
Mandatory Labeling will now be required on most prepackaged food and beverage products. The nutrition labeling requirements must include a declaration of the energy value (i.e. calories) and 13 core nutrients (fat, saturated fat, trans fat, cholesterol, sodium, carbohydrate, fibre, sugars, protein, vitamin A, vitamin C, calcium and iron). In addition to these requirements, any vitamin or mineral that is added to the food must also be declared.
In displaying these nutrition requirements, most food and beverage products must display a Nutrition Facts Table presented in a standard vertical format, such as shown below:
Alternative versions of the Nutrition Facts Table will be allowed on a limited number of food and beverage products. For example, in cases where the vertical format of the Nutrition Facts Table would encompass more than 15% of the available package surface, alternative display formats may be used.
Although most food and beverage products must display their nutritional content, there will be a number of limited exceptions to the mandatory labeling requirements. Examples of food and beverages which will be exempt from the new labeling requirements include: fresh fruit and vegetables, alcoholic beverages with more than 0.5 percent of alcohol content, restaurant food for immediate consumption, and raw, single-ingredient, non-ground meat.
Large businesses will have up to three years to comply with the new regulations, while small businesses will have five years to comply with the new regulations.
2) Significant Changes to the Criteria for Nutrient Content Claims
Nutrient content claims, such as "low calorie", "free of sugars", and "low sodium" have been regulated in Canada since 1974. The new amendments to the Food and Drug Regulations significantly modify existing standards in a number of key areas. First, there will be strict standardized reference and serving amounts in evaluating nutrient content. The establishment of these standardized reference amounts are designed to ensure that businesses do not circumvent nutrition content claims by modifying the reference sizes on the packaging. Second, the wording of nutrient content claims have been substantially updated and altered. For example, under the new amendments, the claim "(percentage) fat free" will only be allowed if the food meets the criteria of being "low fat" or "low in fat". Third, food and beverage businesses will be allowed to state that the energy value of a food or a nutrient is generally recognized as an aid in maintaining the functions of the body necessary for the maintenance of good health and normal growth and development.
3) New Health Claims Will Be Allowed
Five types of health claims will be allowed on food and beverage products for the first time in Canada. Examples of the five types of permitted claims include:
A healthy diet containing foods high in potassium and low in sodium may reduce the risk of high blood pressure, a risk factor for stroke and heart disease. (Name of food) is a good source of potassium and is low in sodium.
A healthy diet with adequate calcium and vitamin D, and regular physical activity, help to achieve strong bones and may reduce the risk of osteoporosis. (Name of food) is very high in calcium and vitamin D.
A healthy diet low in saturated and trans fats may reduce the risk of heart disease. (Name of food) is low in saturated and trans fats.
A healthy diet rich in a variety of vegetables and fruit may help reduce the risk of some types of cancer.
Does not promote tooth decay.
Although businesses will be allowed to make health claims in relation to food and beverage products for the first time, Health Canada has established strict regulations regarding the method in which health claims may be presented on packaging, advertising and marketing material. For instance, a business is not allowed to intersperse a health claim with any other words, numbers, signs or symbols. Thus, a business could not state on its package: "a healthy diet rich in a variety of vegetables and fruit, such as carrot-apple soup, may help reduce the risk of some types of cancer". Instead, a business would have to ensure that any additional references are made before or after the health claim, such as: " A healthy diet rich in a variety of vegetables and fruit may help reduce the risk of some types of cancer. Carrot-apple soup is rich in vegetables and fruit." As this example illustrates, food and beverage businesses must ensure that they are well versed with the amended Food and Drug Regulations before they can take advantage of the new health claim provisions.
Further Resources on the Amended Food and Drug Regulations
For more information on the new amendments to Canada's Food and Drug Regulations, please see:
i) Health Canada's Nutrition Labeling Website, which provides a brief overview of the new amendments: www.healthcanada.ca/nutritionlabelling
ii) Canada Gazette, Part II, published January 1, 2003, which contains the entire Food and Drug Regulation amendments with commentary: http://canadagazette.gc.ca/partII/2003/20030101/html/sor11-e.html
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