27 January 2015

Food Colour Labelling

We have received feedback and requests for clarification from the previous survey iteration. A number of stakeholder groups identified questions with the inclusion of food colour questions within the previous survey. We have provided a detailed explanation regarding the new food colour provisions along with the questions relating to food colour labelling in a separate survey.

Your previous comments and feedback have been appreciated; we understand the challenges surrounding the reporting of this data and the short time frames for you to respond. If quantitative data is not available, a brief discussion supplemented by qualitative information would be accepted. This survey will facilitate the ability of the cost-benefit analysis to raise industry cost concerns, therefore allowing for a more accurate depiction of the implications of the proposed regulatory changes.

We kindly ask that the survey be returned no later than February 6, 2015.

Thank you.

Colour on Ingredient List and Synthetic Colour Certification:

Additives used in foods sold in Canada are regulated under the Food and Drugs Act. These regulations include a general stipulation that all additives must be declared by a common name in the ingredient list on the package labelling. Food colours, however, are unique among food additives in that there is an option to simply use the word “colour” in the ingredient list. This non-specific descriptor does not provide sufficient information to those with allergies or other sensitivities to certain food colours.

In early 2010, Health Canada posted an online consultation document that outlined its proposed approach to improving food colour labelling requirements, with direct notification to select stakeholders including members of the food industry, food associations and specific citizen stakeholders; a summary of results was shared online mid-2011. Most of the comments received were in support of more specific labelling requirements for food colours that would allow Canadians to make more informed choices about the foods that they consume.

The online consultation document and letter to select stakeholders can be viewed via the following Health Canada webpage: http://www.hc-sc.gc.ca/fn-an/consult/_feb2010-food-aliments-col/index-eng.php

Health Canada’s review of comments received during this consultation is available on the following webpage: http://www.hc-sc.gc.ca/fn-an/consult/_feb2010-food-aliments-col/food-aliments-col-summary-sommaire-eng.php

There are other ways in which food colours are uniquely regulated among food additives in Canada. For example, the Food and Drug Regulations currently require the lot-by-lot certification of synthetic food colours, but not natural or inorganic colours, nor for any other type of food additive. The certification requirements for synthetic food colouring agents were established more than 30 years ago and are no longer considered necessary from a food safety perspective. To align the degree of regulatory oversight of food colours with other food additives, Health Canada is considering the removal of the requirement for the federal the government to certify synthetic colours. The requirement that these colours meet their respective food-grade specifications would remain, although updates to the specifications are being proposed.

Most food additives must meet the food-grade specifications found in the Food Chemicals Codex. There is a sub-set of food colours however for which specifications are prescribed in Division 6 of the Food and Drug Regulations. Health Canada is considering removing, where possible, food colour specifications from Division 6 of the Regulations. This would result in these food colours having to meet the food-grade specifications of the Food Chemicals Codex. Health Canada is also considering legally recognising, not only for food colours but for all food additives, the food-grade specifications of the Joint FAO/WHO Expert Committee on Food Additives. These proposed changes would result in an update to the food-grade specifications for those food colours currently having specifications in Division 6 of the Regulations. It should be noted that a food colour that meets specifications found in the United States Code of Federal Regulations would be considered to also meet specifications of either the FCC or JECFA, or both, depending on the colour, and therefore would meet Canadian regulatory requirements vis a vis specifications.

In September, 2014, the Food Directorate’s Bureau of Chemical Safety issued a letter to specific stakeholders requesting technical information on specifications used by food colour manufacturers and current use of several specific food colours. The information received informed the proposal described above respecting food colour specifications.

The following questions relate to Synthetic food colours; if your organisation/company does not submit synthetic food colours for certification to Health Canada, please proceed to question 6.

1. Does your company submit synthetic food colours for certification to Health Canada? This question refers to provisions within the Food and Drug Regulations which stipulate that all synthetic colour lots must be certified by Health Canada officials.

2. Who in your company (i.e. their position) is involved in the certification of synthetic colours used in food products? Please provide their estimated salary and number of FTEs.

3. How often does your company send out synthetic colour lots to be certified by Health Canada?

4. What is the time delay between submitting a lot for certification and receiving a response/approval from Health Canada?

5. Are there any other costs associated with the certification of synthetic food colours? If yes, please list and describe them.

6. Referring to the proposed changes to the ingredient list (Figure 1) and listing of colour by its common name in the ingredient list, what cost implications might this have on your product label? Please feel free to comment using both quantitative and qualitative (anecdotal) information.

7. Does your industry already list colours by their common name on the ingredients list? If yes, what have been the cost implications and/or associative costs?

Figure 1. Proposed Changes to the List of Ingredients

Current Proposed

Thin rule outlining the space around the information to form a box; specifications for a maximum box width.

Bolded title “Ingredients” on its own line. Requiring black print on a white or neutral background. Font type and size consistent with the direction set out in the Food and Drug Regulations for the Nutrition

Facts table including the use of a capital for the first letter of each main ingredient. Bullets to separate each main ingredient. In addition, when a “Contains” statement is provided to further alert consumers of the presence of

priority allergens, gluten sources or added sulphites, this information would be required to be within the ingredient box. This would also be the requirement for precautionary allergen labelling "May Contain" statements.

Grouping all sugar-based ingredients in parentheses following the common name “sugars”, placed in the list of ingredients based on their total relative contribution to the food.