Voluntary Report - public distribution

**Date:** 2/24/2005

**GAIN Report Number:** CA5007

CA5007

**Canada**

**Agricultural Situation**

**Nutrition Labeling Regulations**

**2005**

**Approved by:**

![](media/image1.wmf)Gary Groves

U.S. Embassy

**Prepared by:**

Christina Patterson

**Report Highlights:**

On December 12, 2002, amendments to Canada\'s Food and Drug Regulations
(FDR) implemented mandatory nutrition labeling on most prepackaged
foods. The new regulations outline the labeling requirements for a
Nutrition Facts table, update labeling requirements for nutrition
content claims and introduce diet-related health claims. Most
manufacturers have until December 12, 2005 to comply with the new
requirements. The regulations for the Nutrition Facts table are very
similar to those found in the United States, with some small, but
important, differences. As a result, food products imported from the
U.S. must comply with the Canadian regulations. U.S. food exporters will
have the same transition time in order to comply with the new Canadian
regulations.

Includes PSD Changes: No

Includes Trade Matrix: No

Unscheduled Report

Ottawa \[CA1\]

\[CA\]

**INTRODUCTION**

Health Canada and the Canadian Food Inspection Agency (CFIA) are
responsible for the safety and regulation of Canada's food supply. The
two agencies work together to create and enforce new regulations and
guidelines, including new regulations for the labeling of food products.
The following paper highlights the new nutritional labeling regulations
and is the first of two papers regarding labeling regulations on food
products in Canada.

###### NUTRITION LABELING

Heightened awareness by consumers and the popularity of fad diets has
increased the demand for proper nutritional labeling on products. On
December 12, 2002, amendments to the *Food and Drug Regulations* (FDR)
for the implemented mandatory nutrition labeling on most prepackaged
foods and the new regulations were submitted for publishing. On January
1, 2003, the new regulations were officially published in the *Canada
Gazette* Part II. The goal of the new nutrition labeling regulations is
to provide a system for conveying information about the nutrient content
of food in a standardized format, giving consumers the ability to
compare food products and make informed decisions regarding the food
they consume. The new nutrition labeling regulations do not address the
labeling of allergens, nor the labeling of food derived from
biotechnology or the labeling of various production-related claims. The
new regulations only outline the requirements for a Nutrition Facts
table, update the existing requirements pertaining to nutrient content
claims, and implement requirements for diet-related health claims.

###### 

###### Nutrient Facts Table

The purpose of a Nutrition Facts table is to highlight the nutrient
composition of a food product and provide consumers with up front
information. The core requirements for a Nutrition Facts table are as
follows:

1.  Serving of stated size

2.  Energy value (calorie content)

3.  Amount of fat

4.  Amount of saturated fatty acids

5.  Amount of trans fatty acids

6.  The sum of saturated fatty acids and trans fatty acids

7.  Amount of cholesterol

8.  Amount of sodium

9.  Amount of carbohydrates

10. Amount of fiber

11. Amount of sugars

12. Amount of protein

13. Amount of Vitamin A, Vitamin C, Calcium, and Iron

Additional nutritional information may also be required or permitted. In
general, the declaration of additional nutritional information is
voluntary, but may be required when references to nutrients are made in
a nutrient content claim or in a health claim.

The information in the Nutrients Facts tables, nutrient content claims
and diet-related health claims is required to be displayed in both
English and French, with some exceptions. The mandatory bilingualism
labeling also applies to products imported into Canada from other
countries.

######  

###### Comparison Between Canadian and U.S. Nutrition Facts Table

![](media/image2.wmf)

![](media/image3.png){width="1.667361111111111in"
height="2.928472222222222in"}

For the most part, the Nutrition Facts tables in the United States and
Canada are very similar, with only small differences to distinguish the
two. Some elements of the Nutrition Facts table that are mandatory in
the U.S., but optional in Canada are: servings per container, calories
from fat, and the footnote on percent of Daily Value. There are other
small differences between the two tables and these include: the Daily
Values for vitamins and minerals, some of the rounding rules, including
the rounding rules for total fat, saturated fat and *trans* fat, and the
labeling of *trans* fat. Both Canadian and U.S. regulations require the
declaration of *trans* fat to be included in the Nutrition Facts Table,
but in Canada *trans* fat is combined with saturated fat for the
calculation of the % of Daily Value whereas in the U.S. the Daily Value
applies only to saturated fat.

Despite the very similar requirements between the U.S. and Canadian
Nutrition Facts tables, manufacturers wishing to export their product to
Canada must comply by the regulations set out in the FDR. Since the U.S.
format is not quite the same as the Canadian format, it cannot be used
on foods sold in Canada.

The close proximity to one another's markets and the large trade in food
products makes increasing the compatibility of Canadian regulations with
those in the U.S. a very important objective of Health Canada. However,
the extent to which harmonization can occur is effected by emerging
science, health concerns, differences in diets, Canadian bilingual
requirements, and some differences between the units of measurements
used in both countries.

###### 

###### 

###### Nutrient Content Claims 

Nutrient content claims are considered statements that describe,
directly or indirectly, the level of a nutrient in a food or a group of
foods. Nutrient content claims are voluntary within the new nutrition
labeling regulations, but if used, there is a restricted list of claims
that can be made. The new regulations set forth for nutrient content
claims are:

-   47 permitted nutrient content claims.

-   Conditions for food, for label and advertisements for prescribed
    claims.

-   Prescribed synonyms for each claim.

-   Prohibition of non-permitted, implied or express representations
    about energy value or nutrient content of foods.

Some examples of nutrient content claims that are permitted include:
vitamin and mineral nutrient content claims, quantitative statements for
nutrients, and claims with nutrition implications such as biological
role claims and diet-related health claims.

###### 

###### Diet-Related Health Claims

Regulations governing diet-related health claims on food products were
introduced for the first time in Canada with the 2002 amendments to the
FDR. Diet-related health claims are considered statements that describe
the characteristics of diet that may reduce the risk of developing a
diet-related disease or condition and the properties of a food that make
it a suitable part of the diet. As with nutrient content claims,
diet-related health claims are voluntary, but if they are used, there is
a restricted list of claims. The new regulations permit five
diet-related health claims that deal with the following relationships:

-   A diet low in sodium and high in potassium, and the reduction of
    risk of hypertension.

-   A diet adequate in calcium and vitamin D, and the reduction of risk
    of osteoporosis.

-   A diet low in saturated fat and trans fat, and the reduction of risk
    of heart disease.

-   A diet rich in vegetables and fruits, and the reduction of risk of
    some types of cancer.

-   Minimal fermentable carbohydrates in gum, hard candy or
    breath-freshening products, and the reduction of risk of dental
    caries.

Additional regulations include:

-   Rigorous conditions for a food to qualify to make the claim.

-   Claims must not be misleading or deceptive.

-   Claims should be based on recognized health and scientific evidence
    that establishes a relationship between certain elements of health
    diets and the reduction of risk of certain diseases.

###### Transition Period

Manufacturers have until December 12, 2005 to comply with the new
regulations, with some exceptions. Small manufacturers, whose gross
revenues from food sales in Canada were less than \$1 million (CDN) in
the 12-month period prior to December 12, 2002, have until December 12,
2007 to comply. There are situations where immediate compliance with the
new regulations is required. Imported products must comply with the new
regulations and have the same transition time period, after which they
are subject to the same level of enforcement action as domestic
products. Foreign manufacturers also qualify for the longer transition
period if the manufacturer has less than \$1 million (CDN) in revenues
from sales of food in Canada for the 12 months prior to December 12,
2002.

###### 

###### 

###### Enforcement

It is the responsibility of industry to comply with the new regulations.
CFIA is committed to facilitating implementation. CFIA has developed
Uniform Enforcement Guidelines (UEG), which are based on principles laid
out in CFIA's Enforcement and Compliance Policy. The purpose of UEGs is
to provide guidance to the CFIA inspectors and manufacturers during the
transition period. The UEGs provide the necessary guidelines for the
CFIA inspectors to ensure consistent application of the new regulations,
especially in instances of non-compliance related to nutrition labeling.

During the transition period CFIA has set out guidelines to help
companies adapt to the new regulations and these guidelines include:

-   Manufacturers cannot combine the two systems; they must either
    follow the old regulations or the new regulations.

-   The new regulations may be triggered if certain claims or statements
    are made.

-   Transition UEGs for products labeled as to the new regulations.

-   Transition UEGs based on educational approach with lengthened
    correction periods, depending on the type of violation.

-   UEG's should be followed as a basis for a decision on the
    appropriate action to apply to achieve compliance.

Following the transition period, manufacturers must in be in full
compliance with the new regulations. Violation of the regulations will
be evaluated and categorized based on the determined severity of the
violation. After the transition period, more stringent UEGs will be
applied, including a shorter correction period, less emphasis on
education, and more emphasis on a manufacturer's responsibility for
compliance.

###### FAIR LABELING PRACTICES PROGRAM

The issue of labeling food products is constantly evolving, as customers
demand to know more about the products they consume. As a result of
increasing demand, the CFIA has developed and implemented the Fair
Labeling Practices Program (FLPP). Through the FLPP the CFIA administers
and enforces the non-health and safety food components of the *Food and
Drugs Act* (FDA) and the *Consumer Packaging and Labeling Act* (CPLA).
Some of the responsibilities that fall under the FLPP include:
amendments to the fraud and labeling provisions of the *Food and Drug
Regulations* (FDR) and the food provisions of the *Consumer Packaging
and Labeling Regulations* (CPLR), coordinating CFIA input to Health
Canada regulatory amendments, international food composition and
labeling standards, compliance with the composition, economic fraud,
labeling and net quantity provisions of the FDR and the CPLR at retail
and in non-registered domestic plants and importers, investigating
consumer and industry complaints, developing programs designed to
encourage compliance with the provisions of the respective Acts, and
developing overall consumer protection policies for the CFIA.

***2003 Guide to Food Labeling and Advertising***

The *2003 Guide to Food Labeling and Advertising* falls under the FLPP
and is the newest version of the *Guide for Food Manufacturers and
Advertising*. The purpose of the *Guide* is to provide information on
food labeling and advertising requirements as well as policies that
apply to statements and claims made for foods, including alcoholic
beverages. The *Guide* is a tool used to assist industry in compliance
with legislation and consumer protection. The *Guide* provides the
requirements for labeling and advertising for food products produced
under various conditions and with specific requirements. Food claims,
which adhere to the guidelines set out in the *Guide*, are considered to
comply with the provisions set out in the FDA and the FDR, the CPLA and
CPLR, and other relevant legislation. The CFIA is responsible for
ensuring compliance by the food industry to the regulations laid out in
the *Guide*.

###### 

###### CONCLUSION

Health Canada and the CFIA recognized the need to address consumer
demand for increased information on food products that are consumed by
the Canadian public. Increased health awareness and various diet trends
helped push the need for proper labeling of food products to keep the
consumer properly informed. In order to address the needs of the public,
Health Canada and CFIA amended the FDR to include new regulations for
nutrition labeling. The new nutrition labeling guidelines came into
effect in December of 2002 and require full compliance for all companies
by December 12, 2007. As the new labeling regulations apply to all those
who produce prepackaged goods in Canada and to those supply the Canadian
market, there is the need to clearly understand the rules that apply.
For more detailed information please go to
[www.inspection.gc.ca](http://www.inspection.gc.ca/).

# 

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Visit our headquarters' home page at
[http://www.fas.usda.gov](http://www.fas.usda.gov/) for a complete
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# 

# Recent Reports from FAS/Ottawa: 

+----------------+---------------------------------------+------------+
| Report Number  | Title of Report                       | Date       |
+----------------+---------------------------------------+------------+
| ## CA2132      | Marketing in Canada Handbook          | 11/18/2002 |
+----------------+---------------------------------------+------------+
| ## CA3001      | Canada Introduces Mandatory Nutrition | 01/03/2003 |
|                | Labeling                              |            |
+----------------+---------------------------------------+------------+
| ## CA3074      | Retail Sector Report                  | 11/06/2003 |
+----------------+---------------------------------------+------------+
| ## CA3075      | Packaging & Retailing Trends in Fresh | 11/20/2003 |
|                | Produce                               |            |
+----------------+---------------------------------------+------------+
| **CA4068**     | Exporter Guide                        | 09/30/2004 |
+----------------+---------------------------------------+------------+

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