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-March 4, 2011-

Summary of Regulations Amending the Food and Drug Regulations


Enhanced Labelling for Food Allergen and Gluten Sources and Added Sulphites
(coming into force on August 4, 2012)

  • The source of a food allergen, gluten, and added sulphites present in a total amount of 10 ppm or more, must be shown on the label either in the list of ingredients or in a "Contains" statement.
  • These amendments will apply to food allergens derived from any of the following foods:
    • almonds, Brazil nuts, cashews, hazelnuts, macadamia nuts, pecans, pine nuts, pistachios and walnuts
    • peanuts
    • sesame seeds
    • wheat and triticale
    • eggs
    • milk
    • soybeans
    • crustaceans, shellfish, fish
    • mustard seeds
    • gluten (barley; oats; rye; triticale; and wheat [includes kamut and spelt])
  • The common name of the following ingredients will henceforward need to specify:
    • the name of the plant in the common name of all forms of starch or modified starch (ex.: corn starch).
    • the name of the source of lecithin in the common name of lecithin (ex.: soy lecithin).
    • the name of the crustacean as the common name for a crustacean (ex.: crab, shrimp, etc.).
    • the name of the shellfish as the common name of a shellfish (ex.: octopus, snail, etc.).
    • the plant name of all hydrolyzed plant proteins (ex.: hydrolyzed soy protein).
  • The “gluten-free” claim now includes every gluten protein or modified gluten protein, including any gluten protein fraction, referred to in the new definition of “gluten”.
  • If a "Contains" statement is provided on the label and added sulphites are present in a total amount of 10 ppm or more, they will also be required to be shown in the statement whether or not they are already shown in the list of ingredients.
  • Bourbon whisky, standardized alcoholic beverages and vinegars remain exempt from carrying a list of ingredients but they do require a label. However, food allergens, gluten, or added sulphites in a total amount of 10 ppm or more, must be shown on the label of these products in a "Contains" statement or in a list of ingredients.
  • Fining agents derived from eggs, fish or milk used in the production of Bourbon whisky or standardized alcoholic beverages are not exempt for these regulatory amendments.
  • Prepackaged beer, ale, stout, porter and malt liquor for which a standard is prescribed are exempt from the allergen labelling requirements unless a list of ingredients is voluntarily provided.
  • Wax coating compounds and their components are not exempt from the food allergen declaration. If a food allergen or gluten is present as a result of the use of a wax coating compound or its components in a prepackaged fresh fruit or vegetable that carries a label, the food allergen or gluten source must be shown on the label of the product either in the list of ingredients or in the "Contains" statement. These requirements would not apply to prepackaged fresh fruits or vegetables that are packaged in a wrapper or confining band of less than 1⁄2 inch in width since these products are exempt from carrying a label.