936081 Airport Road, Mansfield,Ontario, L0N 1M0 Tel: (705) 435-2041 / Fax: (705) 435-1467...

A Food Suite® Compliance Network Presentation - 2011 Legal Suites Inc. (www.legalsuites.com)

Current & Emerging Canadian Food Topics

Welcome…

936081 Airport Road, Mansfield ,Ontario, L0N 1M0

Tel: (705) 435-2041 / Fax: (705) 435-1467p r e s i d e n t @ l e g a l s u i t e s . c o m

Presented by Gary Gnirss / Legal Suites Inc.

CURRENT & EMERGING CANADIAN FOOD TOPICS

A brief tour of somecurrent and emerging Federal

food regulations and initiatives.


Current & Emerging Canadian Food Topics 2 of 28

Objectives…

continued…

• Provide a glimpse into Federal

regulatory and other initiatives.

The objective is to…

Food Allergens

Sodium Reduction

Trans Fat Ban

Product of Canada



Overview…

Food Allergens

Sodium Reduction

Trans Fat Ban

Product of Canada

Federal

Jurisdiction



Ranks 3rd in Canada Agricultural Sector…• Just after grains and red meat.• Represents 15% of the Canadian food and

beverage sector.• Generates sales of about $13.6 billion.Foot Print…• 452 dairy processing plants, (272 being

federally inspected).• Provided 22,730 jobs.• 1.4 million head.

Amazing Dairy Facts…

continued…

Resource

Canada’s Dairy

Industry at a

Glance.

Agriculture Agri-Food

Canada



Processing Significance…• Fluid milk represents 38.5% of milk production.• Manufactured dairy products represents 61.5% of

milk production (e.g. butter, cheese, yogurt and ice cream)

• 667 varieties of cheese (goat, ewe, and cow).

• Organic milk is at 1% of totaloutput.

Amazing Dairy Facts…

continued…

Resource

Canada’s Dairy

Industry at a

Glance.

Agriculture Agri-Food

Canada



End…

Never put off till tomorrow what you can do

the day after tomorrow.

Mark Twain



New Federal Allergen Regulations… Coming into force August 4, 2012.

The Canadian Food Inspection Agency, (CFIA), will expect all food in stream of commence by then to be compliant with new regulations.

Made under the Federal Food and Drug Regulations.

Priority food allergen, gluten sources and sulphites, (includes milk), are formally defined.

Applies to all prepackaged foods with very few exemptions, (e.g. beer).

Allergen Labelling…

continued…

Note

A food allergen is considere

d a protein or fraction thereof from a name

allergen or gluten source.



New Federal Allergen Regulations… Common allergen, gluten and sulphite names to be

delcared in list of ingredients or in an allergen contains statement.

Cautionary allergen statements, (a.k.a. “may contain” allergens), are not in included in new regulations. The use of such cautionary statements should be

made within current CFIA and Health Canada Guidelines. It is anticipated that HC will in the near future formalize further guidance on cautionary allergen statements.


continued…



Food Allergen Definition [B.01.010(6) - FDR]: “food allergen” means any protein from any of the following foods, or any modified protein, including any protein fraction, that is derived from any of the following foods:

Food Allergens…

continued…

(a) almonds, Brazil nuts, cashews, hazelnuts, macadamia nuts, pecans, pine nuts, pistachios or walnuts;

(b) peanuts;(c) sesame seeds;(d) wheat or triticale;

(e) eggs;(f) milk;(g) soybeans;(h) crustaceans;(i) shellfish;(j) fish; or(k) mustard seeds.

Reference FDR =

Food and Drug

Regulations



Gluten Source Definition [B.01.010(6) - FDR] : “gluten” means any gluten protein from the grain of any of the following cereals, or from the grain of a hybridized strain that is created from at least one of the following cereals:

It includes any modified gluten protein, including any gluten protein fraction, that is derived from the grain of any of the cereals referred to above or from the grain of a hybridized strain referred to above.

Food Allergen (Gluten Sources)…

(i) barley,(ii) oats,

(iii) rye,(iv) triticale,

(v) wheat.

Question

Is barley flour when

present in wheat flour a gluten

source?

Answer

YES. By FDR

definition.

continued…



Sulphite Definition: “sulphites” means one or more food additives that are listed exclusively in column I of item 21 of the table to paragraph B.01.010(3)(b), see below, and are present in a prepackaged product.

Sulphites…

one or more of the following food additives, namely,

• potassium bisulphite,• potassium metabisulphite,• sodium bisulphite, • sodium dithionite,

• sodium metabisulphite, • sodium sulphite, • sulphur dioxide• and sulphurous acid

continued…




or

Focus

The new regulations require that

food allergens,

gluten sources

and sulphites

be declared in the list of ingredients

or a contains statement by their

common name.



“If people let government decide what

foods they eat and what medicines they take, their bodies will soon be in

as sorry a state as are the souls of those who live under tyranny.

Thomas Jefferson



“Sodium Reduction Strategy for Canada - Recommendations of the Sodium Working Group” Recommendations came out in 2010, after review

period of about 2 years. Targets were revised in January 2011, after stakeholder

consultations. The strategy is broad based, calling on provincial and

territorial governments as well to participate with public health and nutrition, responsibilities.

Targets can be adjusted as may be needed. Touted as a “structured voluntary approach”.

Sodium Reduction…

Sodium Reference Standard

The current

FDR reference standard

for sodium is 2,400 mg per day.

continued…



Recommended Intake Levels… An interim target of 2,300 mg per day, (Tolerable Upper

Intake Level), on average is set to be reached by 2016. The ultimate goal is that Canadians intake no more than

the current Adequate Intake level of 1,500 mg per day, or as may be appropriate for age and gender.

Goals beyond 2016 to be set based on monitoring to be done towards the first interim goal.

Health Canada is working on establishing targets for specific foods. Draft interim milestones have been set for 2012 and 2014.

Sodium Reduction…

continued…

Current Average Sodium Intake

3,400 mg per day



Dairy Food Reductions (sodium)…

Sodium Reduction…

continued…

Food Category Draft 2012Milestone

(SWA)mg

sodium/100g

Draft 2014Milestone

(SWA)mg

sodium/100g

Draft 2016 Targets

SWA mg

sodium/100g

Maximum mg

sodium/100g

RICOTTA 150 145 130 190PROCESSED CHEESE (REGULAR)

1470 1325 1040 1670

HARD GRATED CHEESE 2065 1840 1380 1880MOZZARELLA 695 685 670 720SALTED BUTTER 580 490 400 800

SWA

Sales Weighted Average



Consequential Changes (recommended)… The current 2,400 mg Reference Standard to be

amended to 1,500 mg. The flexibility to determine a serving size, may be

reviewed with the idea of greater conformity to regulated Reference Amounts for comparative purposes.

The idea of standardized nutrition labelling for menu items in restaurants is recommended.

Sodium Reduction…

continued…



Federal Legislation…

“If you have ten thousand regulations you destroy all

respect for the law.”

Winston Churchill



Trans Fat Ban… This is not law yet! It is “voluntary” unless food industry does not meet

targets. It could then be formalized as law. Trans fat restrictions apply to all foods sold in Canada,

regardless of the level of trade. The objective on compliance is on finished food, but effective control via inputs is necessary.

Trans fat reduction in foods sold in Canada have been observed by Health Canada.

Trans Fat Ban (Federal)…

continued…

Note: Health Canada is monitoring

the voluntary compliance of the Trans

Fat Task Force

recommendations which have been adopted by Parliament. Possible legislation

could result.



Trans Fat Ban… Trans fat limitation based on nature of food…

Limitation applies to foods containing man-made trans fat whether used with or without other foods that naturally contain trans fat, (e.g. dairy foods).

Limitation does not apply to naturally occurring trans fat (e.g. milk, butter, etc.), if not processed with man-made trans fat.


continued…

Note: BC has trans far

ban for foodservice relate foods.

• 2% of total fat for vegetable oils and soft, spreadable margarines

• 5% of total fat for other foods




continued…

Why declare 0.2 f trans fat? Because of nutrition labelling

rounding rules, (FDR). When food is not trans fat free,

amount of trans fat is delcared to nearest 0.1 g increment.

Trans Fat Free (FDR): Less than 0.2 g trans fat,

less than 2 g trans fat and saturated combined

and no more than 15% of energy from saturated

and trans fat combined.




continued…

• Mixed dairy and man-made trans fat.• Trans fat is 4.5% of total fat. Meets trans fat 5% restriction.

0.5 g Trans



Resources (starting points) …

“Get your facts first, then you can distort them as you please.”

Mark Twain



Federal Guidelines: Canada’s guidelines, as administered by Industry Canada

and adopted by CFIA, has been updated in 2008 to include greater Canadian content than the previous 51% value added rule.

“Product of Canada” claims is now based on the food, “all or virtually all”, being Canadian content.

Product of Canada…

continued…

minor or very little amounts that would not influence the claim is generally considered 2% or less the of total weight of the food



Federal Guidelines: “Made in Canada” claims will be permitted for products

“substantially transformed” in Canada, but will need to include a qualifier with the claim such as “from imported ingredients” or “from domestic and imported ingredients” as case may be.

“Roasted in Canada”, “Packaged in Canada”, “Distilled in Canada” and “Processed in Canada”, are examples of claims that are viewed as being district from “Product of Canada” and qualified “Made in Canada”, that may be used if factual.


continued…

Enforce-ment

CFIA would

enforce these

guidelines under

Section 5 of the FDA or Section

5 of the CPLA.




continued…




continued…

Questions? Can this product be claimed

“Product of Canada”?

Can this product be claimed “Made in Canada”?

Can this product be claimed “Processed in Canada”?



Basic Canadian Labelling…

“The more you explain it, the more I don't understand it”

Mark Twain

Samuel Langhorne Clemens

936081 Airport Road, Mansfield,Ontario, L0N 1M0 Tel: (705) 435-2041 / Fax: (705) 435-1467...

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