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▼ Legal Suites® Food Suite® E-mail Briefs (2011)...

Compliance updates on a timely basis!

Legal Suites® Brief - Informing you of important policies...


CFIA on Pacific Salmon Labelling

January 13, 2011

The Canadian Food Inspection Agency (CFIA) has posted a notice to industry respecting the labelling of pacific salmon.  The intent of this notice is provide further clarification on the communiqué "Common Names for Fresh and Frozen Fish Fillets and Shucked Shellfish" (July 17, 2003). 'Because the species of Pacific salmon have different market values, the name "Pacific Salmon" is not included as an acceptable common name in the Fish List. Therefore, the common name must always include the name of the species, for example "chum salmon fillets" or "sockeye salmon portions". The statement "Pacific salmon" is permitted on the label only as additional information, but not as a replacement for the common name'.  {http://www.inspection.gc.ca/english/fssa/fispoi/commun/20101220e.shtml} The same notice goes on to clarify suitable nomenclature and ingredient terminology for unstandardized fish products like fish burgers.   Deadline for compliance to this industry notice: 6 months from publication date (published December 20, 2010).

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Health Canada on Submissions That May Enhance Food Safety

January 19, 2011

Health Canada (HC) will implement a policy to push "eligible food additive submissions, food irradiation submissions, and novel food submissions through the pre-market safety evaluation phase and, where possible, the authorization phase, more quickly".  The policy will apply to those additives, irradiation treatments, processing aids, etc. that have a 'demonstrated capacity' to 'enhance food safety'. 

HC's "initial focus of this policy will be on substances and processes that improve the microbiological safety of foods by reducing or eliminating pathogens."  {http://www.hc-sc.gc.ca/fn-an/securit/addit/priority-priorite/index-eng.php}


Health Canada Reports on Nutrient Criteria for "Healthy" and "Unhealthy" Foods

January 21, 2011

Health Canada (HC) has e-published two reports delving into the topic of "health" and "unhealthy" foods, which look at current domestic and international designs to develop nutrient criteria in defining "healthy" and "unhealthy" foods.  {http://www.hc-sc.gc.ca/fn-an/nutrition/pol/index-eng.php}

The executive summaries for both reports are made available on HC's website.  Click on "Defining 'Healthy' and 'Unhealthy' Foods: An International Review" and "Defining 'Healthy' Foods: Environmental Scan of the Situation in Canada" to access these summaries.  If you would like the complete documents you will need to submit a written request via the Office of Nutrition Policy and Promotion. Reports and related documents help to focus on particular issues and provide current evidence and assist in developing nutrition policy initiatives.


Health Canada New Allergen Labelling Regulations

February 16, 2011

Health Canada (HC) announces new allergen labelling regulations have been finalized. 'The new regulations will require additional labelling and strengthen the labelling requirements to require clearer language and the declaration of otherwise "hidden" allergens, gluten sources, and sulphites.' {http://www.hc-sc.gc.ca/ahc-asc/media/nr-cp/_2011/2011_23-eng.php}  

 Industry can expect to see the new regs published in this week's Canada Gazette Part II.


CFIA on Organic Products Regulations Enforcement 

March15, 2011

The enforcement of the Canadian Organic Products Regulations have been subject to the Stream of Commerce and Enforcement Policy since June 2009.  It was expected that producers would comply fully with the regulations within two years of the coming into force date.  CFIA now gives notice that as of June 30, 2011 the Stream of Commerce and Enforcement Policy will be replaced by the standard CFIA compliance and enforcement activities.  The Canadian Organic Products Regulations apply to all domestic and foreign organic products. CFIA standard enforcement measures include, but are not limited to, seizures and detentions, corrective labelling, refusal of entry to Canada and retail removal.  For details on the upcoming enforcement and compliance strategies please link to http://www.inspection.gc.ca/english/fssa/orgbio/20110310inde.shtml.


Health Canada & Agriculture and Agri-Food Canada on Novel Fibres and Dietary Fibre

March 22, 2011

Agriculture and Agri-Food Canada (AAFC) and Health Canada (HC) join together to present a 90 minute webcast on March 24, 2011 at 1:00 pm (ET) regarding the proposed policy for the revised definition of energy value for dietary fibre and novel food regulations. Link to http://w.on24.com/r.htm?e=295431&s=1&k=F4ABFE5A280BEB87B6271FC382C7E7CF for more details and to register.


Health Canada & Agriculture and Agri-Food Canada on Novel Fibres and Dietary Fibre

April 5, 2011

Agriculture and Agri-Food Canada (AAFC)  has made the recorded webcast of the Canadian Food Health Claim Road Maps - Part 1 An Overview and Part 2 A Case Study available. Click on these links and register to view the recordings. To view a full list of events that have been published to the AAFC Food Policy and Regulatory Issues website link to http://www4.agr.gc.ca/AAFC-AAC/display-afficher.do?id=1281029138003&lang=eng.


Agriculture and Agri-Food Canadian Food Health Claim Road Maps Webcasts

April 7, 2011

Agriculture and Agri-Food Canada (AAFC)  has made the recorded webcast of the AAFC and Health Canada (HC) joint webcast presentation regarding the proposed policy for the revised definition of energy value for dietary fibre and novel food regulations available on the AAFC website Link to http://w.on24.com/r.htm?e=295431&s=1&k=F4ABFE5A280BEB87B6271FC382C7E7CF to view.


Meat Hygiene Directive Affects Claims Guidance

May 4, 2011

The Canadian Food Inspection Agency (CFIA) has updated the Meat Hygiene Directives (MHD) by, in part,  adding alernate curing methods such as the use of cultured celery powder as a preservative in the production of cured meat and poultry products. Consequently, claims such as 'no preservatives added' or 'uncured' will be regarded as misleading and, therefore, not permitted for processed meat and poultry products that contain added 'cultured celery powder' according to this MHD. A good question to ask is 'Would this labelling/advertising guidance extend to non-meat and poultry products, as well? Click here for details on this MHD.


Canadian Food Inspection Agency Recommends Wheat Allergen Precautionary Labelling

June 1, 2011

Products containing grain-based cereals like oats and barley may contain low levels of wheat. Therefore, the Canadian Food Inspection Agency (CFIA) is recommending that  "manufacturers and importers of grain-based products to transition towards the inclusion of precautionary labelling (a 'may contain wheat' statement) on their products to indicate the potential presence of wheat."  These measures are "encouraged unless these grains have been specially grown, harvested and processed in a manner to ensure exclusion of wheat."   Click on this link to view CFIA's document http://www.inspection.gc.ca/english/fssa/labeti/allerg/20110520inde.shtml. Health Canada's guidance on precautionary allergen labelling may be found by clicking on the following link http://www.hc-sc.gc.ca/fn-an/label-etiquet/allergen/precaution_label-etiquette-eng.php.


Canadian Food Inspection Agency Warns of Prohibited Di-Ethyl Hexyl Phthalate (DEHP) in Certain Beverages and Jams from Taiwan

June 16, 2011

"Importers and retailers of certain food and beverages, particularly juices, sport and energy beverages and jams, imported from Taiwan" are being alerted to concerns of the presence of non-permitted emulsifier DEHP [Di-Ethyl Hexyl Phthalate, also known as, Bis (2-ethylhexyl) phthalate] in some beverages (up to 600 ppm levels). The Canadian Food Inspection Agency (CFIA) notes that the Taiwanese authorities have initiated recall actions of particular brands. DEHP is prohibited to be used in foods/beverages as a food additive. Furthermore, this chemical is regarded as a toxic substance in Schedule 1 of the Canadian Environmental Protection Act. "There are likely no acute toxic effects at the levels currently being found, which are being reported as 2.5 to 34 mg/kg (ppm)" states CFIA in their notification to industry (link to http://www.inspection.gc.ca/english/fssa/invenq/20110531be.shtml for more). You can find more on this compound from Health Canada's website at: http://www.hc-sc.gc.ca/ahc-asc/media/nr-cp/_2011/2011_07fs-eng.php. Currently, ongoing investigations are underway to determine the full scope of this matter, including any other types of food products that may have been impacted by the addition of this emulsifier. Refer to the CFIA letter (http://www.inspection.gc.ca/english/fssa/invenq/20110531be.shtml) for advice from CFIA in determining if this compound may affect your food/beverage products and how to proceed from there.


Canadian Food Inspection Agency Updates General Principles of Food Hygiene, Composition and Labelling

June 28, 2011

The Canadian Food Inspection Agency (CFIA) has recently updated the General Principles of Food Hygiene, Composition and Labelling. You can find this document by clicking on http://www.inspection.gc.ca/english/fssa/invenq/princ/prince.shtml.


Health Canada on Proposals to Amend Colour Labelling

July 5, 2011

In February 2010, Health Canada (HC), Bureau of Chemical Safety, Food Directorate invited comments on proposals respecting food colour labelling. The comment period closed in May 2010 and now Health Canada has posted stakeholders' comments on their website. {http://www.hc-sc.gc.ca/fn-an/consult/_feb2010-food-aliments-col/food-aliments-col-summary-sommaire-eng.php}.


Agriculture and Agri-Food Canada and Health Canada on Canadian Food Allergen Labelling Webcasts

July 5, 2011

Agriculture and Agri-Food Canada (AAFC) and Health Canada (HC) have announced the dates and times for up-coming webcasts to "provide participants with the opportunity to gain a thorough understanding of the regulatory amendments for food allergen labelling, including strengthened requirements for priority food allergens (including mustard seed), gluten sources and added sulphites. Participants will hear first-hand from a Health Canada expert and have the opportunity to ask questions." When (English): Tuesday, October 4, 1:00-2:00 EDT When (French): Wednesday, October 5, 1:00-2:00 EDT Link to http://www4.agr.gc.ca/AAFC-AAC/display-afficher.do?id=1170955456381&lang=eng for more information on the subject matter.
Please note that at this time the registration links have not been posted. We will continue to keep you informed apprised once registration opens up to the public.


Health Canada on Carboxymehtyl Cellulose in Table-top Sweeteners

August 2, 2011
A "detailed safety assessment of 'cross-linked carboxymethyl celluose', for use as a food additive in tablet formulations of sucralose-containing table-top sweeteners" has recently been completed by Health Canada (HC). The consultation stage of discussions regarding its proposed use as described above has recently begun. You may access the consultation document by linking to http://www.hc-sc.gc.ca/fn-an/consult/food-additives/carboxymethyl-cellulose/consult-carboxymethyl-cellulose-eng.php. This consultation ends on October 11, 2011 and more information on how to submit comments may be found by linking to http://www.hc-sc.gc.ca/fn-an/consult/food-additives/carboxymethyl-cellulose/index-eng.php.