CANADIAN NUTRITION LABELLING, OTHER LABELLING PROVISIONS AND FOOD COLOURS (2016)

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1 CANADIAN NUTRITION LABELLING, OTHER LABELLING PROVISIONS AND FOOD COLOURS (2016) A webinar on new Canadian nutrition, ingredient, allergen and precautionary allergen labelling under the FDR A i rport Ro ad, Mulmur, Ontario, L9V 0L3 Te l: ( 705) / Fax: ( 705) p re sident@legalsuites.com Food Labelling Training Series

2 Slide 2 of 73 Support PowerPoint Presentation Will be made available on the Legal Suites web site. (to be provided) Media Recording If purchased, will be made available on the Legal Suites web site. (to be provided) Coupon Code Will be sent to attendees after the sessions are complete. Under the Store tab, select Food Suite Training Resources / Workshop Support, then purchase the Food Suite Nutrition Labelling, Other Labelling Provisions and Food Colours (2016) with your coupon code. New users must also create an account. Exiting users should log in. When logged in you will see the active support page under the Workshops/Workshop Support tab.

3 Slide 3 of 73 Program Snapshot ALLERGEN, GLUTEN & SULPHITES This follows the footprints of the ingredient list. There are however some new considerations related to precautionary statements. INGREDIENTS Sugars-based ingredients, colour labelling, presentation, type height, line spacing, background and differentiation. INTRODUCTION Lets talk a bit on food labelling and compliance modernization. NUTRITION New formats, daily values and more prescriptive serving size rules means lots to talk about. OTHER MODERNIZATION Everything is on the table, common name, domicile statements, highlighted ingredients and flavours, more ingredient changes, monetary penalties, etc.

4 Slide 4 of 73 Goals BY END OF WEBINAR... The broad goal by the end of webinar is to gain a better appreciation of the new Food and Drug Regulations on nutrition, ingredient, allergen and precautionary allergen labelling, and how these fit into the over efforts of food labelling modernization. If you like this program, an excellent complement is our in class series of Canadian Food Labelling workshops at NSF. Check out our or NSF s calendar for the next program dates.

5 Slide 5 of 73 Labelling Modernization Health Canada (HC) Canadian Food Inspection Agency (CFIA)

6 Labelling Modernization Time Travel Final FDR Nutrition & Ingredient Labelling 12/14/2016 PHO Final Final SCFR - Speculated 6/5/2018 Final AAAMPR - Speculated Food Labelling Modernization Proposed Regulations Speculated Slide 6 of 73 Food Labelling Modernization Final Regulations - Speculated FOP / Sweetener Statement Repeal - Final Regulations Speculated Vitamin D Enrichment Amendments Today New Ingredient & Nutrition Labelling Front of Packaging Nutrition Symbols, Sweeteners, Vit D, etc. CFIA Food Labelling Modernization Safe Food for Canadians Regulations AAAMPR Ban of Partially Hydrogenated Oils DAYS AAAMPR = Agriculture and Agri-Food Administrative Monetary Penalties Regulations PHO = Partially Hydrogenated Oils + = Starting point of form rule making, (proposed regulation, final regulations, notice of proposal, notice of modification), following discussion period.

7 Slide 7 of 73 Labelling Modernization Now 2016 FDR Final regulations on ingredient, sugars-based ingredients, allergen, precautionary allergen, colour, and nutrition labelling. Future 2018 HC Final regulations expected on FOP nutrition symbols, sweetener statements, vitamin D, etc. Future 2020 CFIA Final regulations expected on broad based food labelling modernization involving the FDR and SFCR, (i.e. common name, country of origin, highlighted ingredients and flavours, etc.). TRANSITION PERIOD Once final regulations come into force, there is typically a transition period offered before they come into full force. The coordinating target date is now proposed to be December 14, HC = Health Canada / FOP = Front of Package FDR = Food and Drug Regulations / CFIA = Canadian Food Inspection Agency / SFCR = Safe Food for Canadians Regulations / FOP = Front of Package

8 Slide 8 of 73 Labelling Modernization SPONSOR INITIATIVE STATUS Health Canada Health Canada CFIA Nutrition, Ingredient, Allergen & Precautionary Allergen Labelling Additional labelling & other modernization FOP Nutrition Information Sugar, Saturated Fat & Sodium. Restricting the advertising of unhealthy foods to children. Revising Canada s Food Guide. Reducing the amount of sodium. Removing industrially produced trans fat, (Sept 18, 2018). Repeal of certain high intensity sweetener statements. New vitamin D rules for certain dairy and edible oil products. Transition to SFCR Create final regulations, repeal or withdraw from others. Final regulations will for the most part preserve current labelling requirements. Following final regulations, CFIA will aim to propose additional food labelling amendments to the FDR and SFCR. Final FDR regulations Published in CGII on December 14, In discussion phase. However, proposed FOP, Vitamin D and high intensity sweetener statements regulations published in CGI on January 21, Proposed SFCR published in CGI on January 21, Further labelling modernization in discussion phase. December FDR = Food and Drug Regulations / CGI = Canada Gazette I / CGII = Canada Gazette II / SFCR = Safe Food for Canadians Regulations / FOP = Front of Package

9 Slide 9 of 73 ICE BREAKER

10 Slide 10 of 73 Ingredient Labelling Modernization Highlights of the Changes Ingredient List Example [B FDR] ONE NOTE EXIT: One Note

11 Slide 11 of 73 Ingredient Labelling Modernization Highlights of the Changes Ingredient List Presentation [B & 2-FDR] o Colour: Type in black or 100% equivalent to black, on a white or neutral uniform coloured background, with no more than a 5% tint in colour. o Heading: The heading Ingredients: or Ingredients in bold faced type must introduce the list. Can be larger than ingredients. o Type: Standard sans serif. Normal or condensed width that is not scaled down so that the characters take up less space horizontally and, if a nutrition facts table appears on the label, the width of type must be the same as that required for the type used to show the nutrients that appear in the nutrition facts table.

12 Slide 12 of 73 Ingredient Labelling Modernization Highlights of the Changes Example (former new) F O R M E R F D R Ingredients: Whole wheat flour Whole grain rolled oats Maltodextrin (corn fibre) Sugars (sugar, brown sugar, fructose) Glycerin Canola oil Modified milk ingredients Sugarcane fibre Maltodextrin Apple powder Dried egg-white Water Modified corn starch Natural and artificial flavour Strawberry puree concentrate Palm and palm kernel oil Salt Dried egg yolk (contains sodium silicoaluminate) Baking soda Citric acid Cellulose gel Cochineal extract Allura red Lactic acid Sodium sulphite Rosemary extract Soy lecithin. Contains: Milk Eggs Soy Wheat Oat Sulphites.

13 Slide 13 of 73 Ingredient Labelling Modernization Highlights of the Changes [B (2)-FDR] Ingredient List Presentation Exemption from White Background o A prepackaged product that is intended solely for use as an ingredient in the manufacture of other prepackaged products intended for sale to a consumer at the retail level or as an ingredient in the preparation of food by a commercial or industrial enterprise or an institution; and o A prepackaged product that is a ready-to-serve multiple-serving prepackaged product intended solely to be served in a commercial or industrial enterprise or an institution.

14 Ingredient Labelling Modernization Highlights of the Changes Slide 14 of 73 Ingredient List Presentation [B (1)&(3)-FDR] o Height: In type that is the same height that is not less than 1.1 mm with identical leading of not less than 2.5 mm. If a nutrition facts table appears on the label of a prepackaged product and the type size of the nutrients shown in the table is not less than 8 points, the information appearing on the label must appear in type that is the same height that is not less than 1.4 mm with identical leading of not less than 3.2 mm. The height is based on the lower case letter x. o Legibility and Placement: The ingredient list must be clearly differentiated on the label from other information by means of a box, lines above, below and to either side, or by use of a background colour that creates a contrast between the background colour of the list and the background colour used on the adjacent area of the label.

15 Slide 15 of 73 Ingredient Labelling Modernization Highlights of the Changes Ingredient List Presentation x Height o Point: 1 point (Postscript) = mm = 1/72 inch. [B (6)-FDR] Calibri x Helvetica x Verdana x ONE NOTE Approximate conversion factors related to x height.

16 Slide 16 of 73 Ingredient Labelling Modernization Examples with Borders & Shading [B (2)-FDR] Ingredients: Whole wheat flour Whole grain rolled oats Maltodextrin (corn fibre) Sugars (sugar, brown sugar, fructose) Glycerin Canola oil Modified milk ingredients Sugarcane fibre Maltodextrin Apple powder Dried egg-white Water Modified corn starch Natural and artificial flavour Strawberry puree concentrate Pal and palm kernel oil Salt Dried egg yolk (contains sodium silicoaluminate) Baking soda Citric acid Cellulose gel Cochineal extract Allura red Lactic acid Sodium sulphite Rosemary extract Soy lecithin. Contains: Milk Eggs Soy Wheat Oat Sulphites. Ingredients: Whole wheat flour Whole grain rolled oats Maltodextrin (corn fibre) Sugars (sugar, brown sugar, fructose) Glycerin Canola oil Modified milk ingredients Sugarcane fibre Maltodextrin Apple powder Dried egg-white Water Modified corn starch Natural and artificial flavour Strawberry puree concentrate Pal and palm kernel oil Salt Dried egg yolk (contains sodium silicoaluminate) Baking soda Citric acid Cellulose gel Cochineal extract Allura red Lactic acid Sodium sulphite Rosemary extract Soy lecithin. Contains: Milk Eggs Soy Wheat Oat Sulphites. Ingredients: Whole wheat flour Whole grain rolled oats Maltodextrin (corn fibre) Sugars (sugar, brown sugar, fructose) Glycerin Canola oil Modified milk ingredients Sugarcane fibre Maltodextrin Apple powder Dried egg-white Water Modified corn starch Natural and artificial flavour Strawberry puree concentrate Pal and palm kernel oil Salt Dried egg yolk (contains sodium silicoaluminate) Baking soda Citric acid Cellulose gel Cochineal extract Allura red Lactic acid Sodium sulphite Rosemary extract Soy lecithin. Contains: Milk Eggs Soy Wheat Oat Sulphites.

17 Slide 17 of 73 Ingredient Labelling Modernization Highlights of the Changes Ingredient List Presentation [B (3)-FDR] o Ingredient Letter Case: In lower case letters, except for... The first letter of each ingredient or, in the case of a food additive shown in whole or in part by an acronym, the entire acronym, and The alpha-descriptor that forms a part of the common name for a food additive, vitamin or microorganism. o Ingredient Separators: Must be separated by a bullet point or a comma. INGREDIENTS Declared in descending order of their proportion of the prepackaged product or as a percentage of the prepackaged product, and the order or percentage shall be the order or percentage of the ingredients before they are combined to form the product.

18 Slide 18 of 73 Ingredient Labelling Modernization Highlights of the Changes Ingredient List Presentation [B (5)-FDR] o Component Letter Case: In lower case letters, except for... In the case of a food additive shown in whole or in part by an acronym, the entire acronym, and The alpha-descriptor that forms a part of the common name for a food additive, vitamin or microorganism. o Component Separators: Must be separated by a comma. COMPONENTS Declared in parentheses, immediately after the ingredient, unless the source of a food allergen or gluten is shown immediately after the ingredient, in which case components of the ingredient shall be shown immediately after that source.

19 Slide 19 of 73 Ingredient Labelling Modernization Highlights of the Changes English and French & Location o Location: Must for any language be located on a single continuous surface of the available display surface, (ADS). May be on the same continuous ADS in English or French, or on different continuous ADS in each language. ADS can be the bottom of the package if the context do not leak and are not destroyed when turned over. However, B FDR does not accommodate a list of ingredients on a bottom panel. o Separate Lines: English and French lists must start on their own separate line, expect for small packages less than 100 cm 2 of ADS. [B (8)-FDR] Ingredients: Whole wheat flour Whole grain rolled oats Sugars (sugar, brown sugar, fructose) Maltodextrin (corn fibre) Glycerin Canola oil Modified milk ingredients Sugarcane fibre Maltodextrin Apple powder Dried egg-white Water Modified corn starch Natural and artificial flavour Strawberry puree concentrate Palm and palm kernel oil Salt Dried egg yolk (contains sodium silicoaluminate) Baking soda Citric acid Cellulose gel Cochineal extract Allura red Lactic acid Sodium sulphite Rosemary extract Soy lecithin. Contains: Milk Eggs Soy Wheat Oat Sulphites. Ingrédients: Farine de blé entier Avoine roulée Sucre (sucre, sucre brun, fructose) Maltodextrine (fibre de maïs) Glycérine Huile de canola Ingrédients laitiers modifiés Fibres de canne à sucre Maltodextrine Pomme en poudre Blanc Amidon de maïs modifié Arôme naturel et artificiel Concentré de purée de fraise Huile de palme et de palmiste Sel Jaune d'œuf séché (contient du silicoaluminate de sodium) Bicarbonate de soude Acide citrique Gel de cellulose Extrait de cochenille Rouge allura Acide lactique Sodium Sulfite Extrait de romarin Lécithine de soja. Contient: Lait Œufs Soja Blé Avoine Sulfites.

20 Ingredient Labelling Modernization Highlights of the Changes Ingredient List - Sugars [B FDR] Slide 20 of 73 o Mandatory Class Name: If a prepackaged product contains one or more sugars-based ingredients, despite the order of presentation referred to in paragraph B (3)(a), the sugars-based ingredient or ingredients shall be shown in the list of ingredients, in parentheses, immediately following the term declared Sugars in the English version of the list. Sucres in the French version of the list. o Sugars Declared as: In descending order of the proportion of all the sugars-based ingredients in product, or as a percentage of the prepackaged product, and the order or percentage shall be the order or percentage of all the sugars-based ingredients before they are combined to form the product. Sugars ( ) separated from other ingredients by a bullet point or a comma.

21 Slide 21 of 73 Ingredient Labelling Modernization Highlights of the Changes Ingredient List - Sugars [B (2)&(3)-FDR] o Sugars Declared: When just one with prefix Sugars, (i.e. Sugars (honey) ). o Sugars Declared in Parenthesis: When more than one In descending order of the proportion of the prepackaged product. Separated comma, (i.e. Sugars (sugar, honey, fancy molasses), ).

22 Ingredient Labelling Modernization Highlights of the Changes Ingredient List - Sugars o o [B FDR] Slide 22 of 73 Sugar-Based Ingredient: Means, in respect of a prepackaged product, (a) an ingredient that is a monosaccharide or disaccharide or a combination of these; (b) an ingredient that is a sweetening agent other than one referred to in paragraph (a); and (c) any other ingredient that contains one or more sugars and that is added to the product as a functional substitute for a sweetening agent. Functional Substitute for a Sweetening Agent: Means, in respect of a prepackaged product, a food other than any sweetener or sweetening agent, including any sugars that replaces a sweetening agent and that has one or more of the functions of the sweetening agent including, sweetening, thickening, texturing or caramelizing.

23 Ingredient Labelling Modernization Highlights of the Changes Ingredient List - Sugars o Slide 23 of 73 Exemption from Sugar Labelling: Does not apply to the following prepackaged products (a) a sweetening agent; (b) fruit or vegetable juice or vegetable drink that does not contain any sweetening agent, as well as any mixture of those juices and drinks, including any of those juices and drinks (i) to which fruit or vegetable purée or any mixture of those purées has been added, (ii) that are reconstituted, or (c) [B (4)-FDR] (iii) that are a concentrate intended for dilution and consumption as juice or drink; fruit or vegetable purée that does not contain any sweetening agent as well as any mixture of those purées; (d) prepackaged products that contain only one sugars-based ingredient that contains the word sugar in its common name; and (e) human milk substitutes and formulated liquid diets.

24 Slide 24 of 73 Ingredient Labelling Modernization Highlights of the Changes Ingredient List - Colours [B FDR] o Colours Declared: Must be declared By their individual common names (i.e. annatto, cochineal extract, etc.). Collective name colour repealed. May be at the end of the list of ingredients in any order. ONE NOTE

25 Ingredient Labelling Modernization Highlights of the Changes Slide 25 of 73 Food Additives & Colours [B FDR] o New General Specifications: Where no specifications are set out in Part B - Food and Drug Regulations, (FDR), the food additive must meet specifications set out one of the following (i) the Food Chemicals Codex, tenth edition, 2016, published by the United States Pharmacopeial Convention, Rockville, MD, United States of America, as that or any subsequent edition, including their supplements, may be amended from time to time; or (ii) the Combined Compendium of Food Additive Specifications, prepared by the Joint FAO/WHO Expert Committee on Food Additives and published by the Food and Agriculture Organization of the United Nations, on the website of the Organization, as amended from time to time.

26 Slide 26 of 73 Ingredient Labelling Modernization Highlights of the Changes Ingredient List Colours o General Colour Specifications: For colours where no specifications are set out in the Food and Drug Regulations, including those on the pervious slide, the colour food additive must contain no more than (i) 3 parts per million of arsenic, and REFERENCE B FDR (ii) 10 parts per million of lead. NOTE: Colours are food additives. Only those listed in Health Canada s Table 3. List of Permitted Colouring Agents (Lists of Permitted Food Additives), for use in the foods and at levels not to exceed the maximum noted are permitted in Canada.

27 Slide 27 of 73 Ingredient Labelling Modernization Highlights of the Changes Ingredient List Colours o Major Changes to Division 6 - FDR: Most but not all or colour standards were repealed from Division 6 FDR. The following standards are still included. B [S]. Ponceau SX B [S]. Citrus Red No. 2 REFERENCE DIVISION 6-FDR

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29 Slide 29 of 73 Allergen Labelling Modernization Highlights of the Changes Allergen & Gluten Source Labelling o [B FDR] Food Allergen Source, Gluten Source and Added Sulphites Statement: Means a statement appearing on the label of a prepackaged product that indicates the source of a food allergen or gluten that is present in the product or the presence in the product of added sulphites in a total amount of 10 p.p.m. or more.

30 Slide 30 of 73 Ingredient Labelling Modernization Highlights of the Changes Ingredient List Presentation o Allergens and gluten sources in the list of ingredients: Is declared Immediately after the ingredient or component to which it applies in accordance with subsections B (8) and (10). In lower case letters [B FDR] ALLERGENS & GLUTEN There are a number of ways priority food allergen and glutens sources can be displayed. This includes in the name of an ingredient or component, or in a separate allergen contains statement. o Allergen and Gluten Source Separators: Must be separated by a comma. Ingredients: Flour (wheat, barley) Butter (milk) Sugar (sugar, brown sugar, fructose) Canola oil (mustard) Cream Dried egg-white Water Baking powder Caramel colour Tartrazine.

31 Allergen Labelling Modernization Highlights of the Changes Allergen & Gluten Source Labelling o [B FDR] Slide 31 of 73 Presentation: Shall be displayed as Be introduced by a title that shall (i) consist of the term (A) Contains or Contains: in the English version of the statement, and (B) Contient or Contient: in the French version of the statement, (ii) be shown in bold type, and (iii) be shown without any intervening printed, written or graphic material appearing between the title and the rest of the statement.

32 Slide 32 of 73 Allergen Labelling Modernization Highlights of the Changes Allergen & Gluten Source Labelling o [B FDR] Presentation: Shall be displayed as (continued) Appear, in respect of each linguistic version, after the list of ingredients appearing in the same language, without any intervening printed, written or graphic material. Appear on the same continuous surface as the list of ingredients (i) against the same background colour as that of the list, and (ii) if the list of ingredients is differentiated by means of a solid-line border or lines, within the border or the lines.

33 Allergen Labelling Modernization Highlights of the Changes Allergen & Gluten Source Labelling o [B FDR] Slide 33 of 73 Presentation: Shall be displayed as (continued) Show information entries in regular or bold type, using lower case letters except for the first letter of each entry, which shall be an upper case letter, and shall use a bullet point or comma to separate each entry. If the English and French versions of the statement appear on the same continuous surface of the label, the version that follows the other version shall not begin on the same line as that on which the other version ends, except in the case of a prepackaged product that has an available display surface of less than 100 cm 2.

34 Slide 34 of 73 Allergen Labelling Modernization Highlights of the Changes [B FDR] Precautionary Allergen & Gluten Labelling o Presentation: Shall be displayed as The declaration must be shown immediately after the food allergen source, gluten source and added sulphites statement or, if there is none, after the list of ingredients, and must appear on the same continuous surface as the statement, if any, and the list of ingredients. Must be against the same background colour as that of the list of ingredients. If the list of ingredients and the statement, if any, are differentiated by means of a solid-line border or solid lines, within the border or the lines.

35 Slide 35 of 73 Allergen Labelling Modernization Highlights of the Changes Precautionary Allergen & Gluten Labelling o Presentation: Shall be displayed as (continued) The declaration must appear without any intervening printed, written or graphic material between it and the list of ingredients or statement that immediately precedes it, except that a solid line may appear before the declaration if the declaration begins on a different line than that on which the list of ingredients or the statement that immediately precedes it ends. The declaration must appear in bold type if it begins on the same line as that on which the list of ingredients or the statement that immediately precedes it ends and it is not introduced by a title.

36 Slide 36 of 73 Allergen Labelling Modernization Highlights of the Changes Precautionary Allergen & Gluten Labelling o Presentation: Shall be displayed as (more) The title that introduces the declaration, if any, must appear in bold type if the declaration begins on the same line as that on which the list of ingredients of the statement that immediately precedes it ends. The allergens and gluten sources must be identified by a name as otherwise prescribed by allergen and gluten labelling requirements. Update Proposed FOP - FDR regulations, (February 10, 2018), would if finalized repeal the requirement to declare precautionary allergens by name and permit category terminology such as, May contain gluten, tree nuts, fish, etc.

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38 Slide 38 of 73 Nutrition Labelling Modernization Highlights of the Changes ONE NOTE

39 Slide 39 of 73 Nutrition Labelling Modernization Highlights of the Changes New Nutrition Facts Table (NFt) format: Changes and include o o o o o o Emphasis on Calories. No DV for Carbohydrate. Percent Daily Value for total Sugars. Potassium (Vitamin A and C optional). Vitamins and minerals in applicable quantitative amounts and percent DV. A new footnote 5% or less is a little, 15% or more is a lot. ONE NOTE

40 Slide 40 of 73 Nutrition Labelling Modernization Canada vs USA (new formats) NEW CANADIAN Nutrition Facts Valeur nutritive Per 2 cakes (54 g) pour 2 gâteaux (54 g) Calories 180 Fat / Lipides 6 g 8 % Saturated / saturés 2 g + Trans / trans 0 g 10 % Carbohydrate / Glucides 34 g Fibre / Fibres 8 g 28 % Sugars / Sucres 22 g 22 % Protein / Protéines 2 g Cholesterol / Cholestérol 50 mg Sodium 160 mg 7 % Potassium 200 mg 4 % Calcium 200 mg 15 % Iron / Fer 0.75 mg 4 % * * % Daily Value* % valeur quotidienne* 5% or less is a little, 15% or more is a lot 5% ou moins c est peu,15% ou plus c est beaucoup vs NEW U.S. (FDA)

41 Slide 41 of 73 Nutrition Labelling Modernization Documents Incorporated by Reference (IbR) Table of Reference Amounts for Food Table of Daily Values Directory of Nutrition Facts Table Formats

42 Slide 42 of 73 Nutrition Labelling Modernization Highlights of the Changes New Nutrition Facts Table (NFt) format: Changes include (more) o Revised simplified format criteria of 6 or less core elements that can be declared as zero. o o New simplified format for single serving packages. Format for infants 6 months of age and older but less than 1 year of age.

43 Slide 43 of 73 Nutrition Labelling Modernization Highlights of the Changes New Nutrition Facts Table (NFt) format: o Format for infants 6 months of age and older but less than 1 year of age. o No percent DV for macronutrients.

44 Nutrition Labelling Modernization Slide 44 of 73 New Small Package Exemptions & Provisions (B to 469-FDR) B (2.1)-FDR: The small package provision would still apply where a food which contains added aspartame, neotame, Ace-k or sucralose or which a free of sugars claim under the following conditions... o o o o Meets to conditions to be claimed as a food free of sugars. Does not contain added vitamins or minerals. Calories and the amount of sugar alcohols is expressed per serving of states size following the ingredient, allergen contains or precautionary allergen statements. Declare a sugar free claim on the main panel in mixed case letters with the first in each word in a capital, in a type height no less than that required for the numerical portion of the net content and in a contrasting colour.

45 Slide 45 of 73 Nutrition Labelling Modernization New Small Package Exemptions & Provisions (B to 469-FDR) B FDR - NEW: A package with an ADS less than 100 cm 2, need only include the... o o o o The serving of stated size; Calories, and the amount of fat, sat fat, tans fat, cholesterol, sodium, carbohydrates, fibre, sugars, protein, potassium, calcium and iron, if these cannot be declared as zero. The amount of energy or nutrient noted above if the label or advertisement makes a representation related to these. The amount of any sugar alcohol, vitamin or mineral nutrient added to the prepackaged product. B FDR: Prepackaged product that has an available display surface (ADS) of less than 15 cm 2 need not carry a nutrition facts table, (NFt)...

46 Slide 46 of 73 Nutrition Labelling Modernization New Total Exemptions (B (2)(c)(i)-FDR) B (2)(c)(i)-FDR: The following are always exempt from nutrition information labelling, under any circumstance, (i.e. when claims are made)... o a fresh vegetable or fruit or any combination of fresh vegetables or fruits without any added ingredients, an orange with added food colour or a fresh vegetable or fruit coated with mineral oil, paraffin wax, petrolatum or any other protective coating.

47 Slide 47 of 73 Nutrition Labelling Modernization Highlights of the Changes New Serving Size Rules: Changes and include o o o o New Reference Amounts (RA). Explicit criteria for determining serving sizes. Explicit expression for presenting the serving size. Representation as to the number of servings in a multiple serving package outside the NFt must be consistent with the serving size used in the NFt, (NEW - B (b)- FDR). ONE NOTE

48 Slide 48 of 73 Nutrition Labelling Modernization Highlights of the Changes New Daily Values: Changes and include o For macro nutrients include age categories Foods solely intended to children 1 year and older but less than 2 years of age. Foods for children 1 year and older but less than 4 years of age, and for children 4 years of age and older and adult.

49 Slide 49 of 73 Nutrition Labelling Modernization Highlights of the Changes New Daily Values: Changes and include o For vitamins and minerals includes age categories Foods intended solely for infants 6 month of age and older but less than 1 of age. Foods intended for infants 6 month of age and older but less than 1 of age, or children 1 year of age and older but less than 4 years of age. Any other case.

50 Slide 50 of 73 Nutrition Labelling Modernization vs DAILY VALUES - Canada vs USA (former and new) NUTRIENT DAILY VALUE Canada 1 (former) US 2 Canada (former) (new) Fat 65 g 4 65 g 75 g 78 g Saturated Fat 20 g (sum of saturated + trans fat) 20 g 20 g (the sum of saturated + trans fat) US (new) 3 20 g Trans Fat no DV no DV Cholesterol 300 mg (optional declaration) 300 mg 300 mg (optional declaration) 300 mg Sodium 2,400 mg 2,400 mg 2,300 mg 2,300 mg 1 - Based on the reference standards published in Section B of the FDR. 2 - Based on the US Reference Daily Intakes published in Code of Federal Regulations, 101.9(c)(8)(iv). 3 - As per final regulations 81 FR Based on a 2,000-Calorie diet 5 - In the US, the % DV for protein is only required when a protein claim is made for the product or if the product is to be used by infants or children under 4 years of age.

51 Slide 51 of 73 Nutrition Labelling Modernization vs DAILY VALUES - Canada vs USA (former and new) NUTRIENT DAILY VALUE Canada 1 (former) US 2 (former) Canada (new) US (new) 3 Carbohydrates 300 g 300 g no DV 275 g Fibre 25 g 25 g 28 g 28 g Sugars no DV no DV 100 g no DV Added Sugars no DV (Not listed) no DV (Not listed) no DV (Not listed) 50 g Protein no DV 50 g 5 no DV 50 g Based on the reference standards published in Section B of the FDR. 2 - Based on the US Reference Daily Intakes published in Code of Federal Regulations, 101.9(c)(8)(iv). 3 - As per final regulations 81 FR Based on a 2,000-Calorie diet 5 - In the US, the % DV for protein is only required when a protein claim is made for the product or if the product is to be used by infants or children under 4 years of age. ONE NOTE The 100 gram DV is equivalent to 20% of energy based on a 2000 Calorie diet. According to dietary intake data (CCHS 2.2), approximately half of Canadians consume more than 20% of their energy as sugars, with the highest intakes reported in younger age groups (<19 years).

52 Slide 52 of 73 Nutrition Labelling Modernization Part 1 Daily values for macronutrients and sodium ITEM COLUMN 1 DAILY VALUE Nutrient g = grams; mg = milligrams Column 2 Column 3 Food intended solely for children one year of age or older but less than four years of age 1. Fat 44 g 75 g 2. Sum of saturated fatty acids and 10 g 20 g trans fatty acids 3. Fibre 14 g 28 g 4. Sugars 50 g 100 g 5. Cholesterol 300 mg 300 g 6. Sodium 1500 mg 2300 mg Food intended for children one year of age or older but less than four years of age or for children four years of age or older and adults

53 Nutrition Labelling Modernization Part 2 Daily values for vitamin and mineral nutrients Slide 53 of 73 ITEM COLUMN 1 DAILY VALUE Column 2 Column 3 Column 4 Nutrient Food intended solely for infants six months of age or older but less than one year of age Food intended for infants six months of age or older but less than one year of age or children one year of age or older but less than four years of age Any other case 1. Potassium 700 mg 3000 mg 4700 mg 2. Calcium 260 mg 700 mg 1300 mg 3. Iron 11 mg 7 mg 18 mg 4. Vitamin A 500 µg 300 µg 900 µg 5. Vitamin C 50 mg 15 mg 90 mg 6. Vitamin D 10 µg 15 µg 20 µg 7. Vitamin E 5 mg 6 mg 15 mg 8. Vitamin K 2.5 µg 30 µg 120 µg 9. Thiamin, Thiamine or Vitamin B mg 0.5 mg 1.2 mg 10. Riboflavin or Vitamin B mg 0.5 mg 1.3 mg 11. Niacin 4 mg 6 mg 16 mg

54 Nutrition Labelling Modernization Part 2 Daily values for vitamin and mineral nutrients Slide 54 of 73 ITEM COLUMN 1 DAILY VALUE Column 2 Column 3 Column 4 Nutrient Food intended solely for infants six months of age or older but less than one year of age Food intended for infants six months of age or older but less than one year of age or children one year of age or older but less than four years of age Any other case 12. Vitamin B mg 0.5 mg 1.7 mg 13. Folate 80 µg DFE 150 µg DFE 400 µg DFE 14. Vitamin B µg 0.9 µg 2.4 µg 15. Choline 150 mg 200 mg 550 mg 16. Biotin 6 µg 8 µg 30 µg 17. Pantothenic Acid or Pantothenate 1.8 mg 2 mg 5 mg 18. Phosphorous 275 mg 460 mg 1250 mg 19. Iodide 130 µg 90 µg 150 µg 20. Magnesium 75 mg 80 mg 420 mg 21. Zinc 3 mg 3 mg 11 mg 22. Selenium 20 µg 20 µg 55 µg

55 Nutrition Labelling Modernization Part 2 Daily values for vitamin and mineral nutrients mg = milligrams; µg = micrograms DFE = Dietary Folate Equivalents Calculations for vitamins are set out in Section D of the Food and Drug Regulations. Slide 55 of 73 ITEM COLUMN 1 DAILY VALUE Column 2 Column 3 Column 4 Nutrient Food intended solely for infants six months of age or older but less than one year of age Food intended for infants six months of age or older but less than one year of age or children one year of age or older but less than four years of age Any other case 23. Copper 0.2mg 0.3 mg 0.9 mg 24. Manganese 0.6 mg 1.2 mg 2.3 mg 25. Chromium 5.5 µg 11 µg 35 µg 26. Molybdenum 3 µg 17 µg 45 µg 27. Chloride 570 mg 1500 mg 2300 mg

56 Nutrition Labelling Modernization Slide 56 of 73 Calculations for vitamins are set out in Section D FDR VITAMIN A: 1 RAE = 1 microgram of retinol, and 1 RAE = 12 micrograms of beta-carotene. VITAMIN E: The content of d-alpha-tocopherol and dl-alpha-tocopherol and their derivatives, expressed in milligrams on the basis of the following relationships: (i) one milligram d-alpha-tocopherol = one milligram vitamin E, and (ii) one milligram dl-alpha-tocopherol = 0.74 milligram vitamin E. FOLATE DFE: In in the case of folate, in terms of the content of folic acid (pteroylmonoglutamic acid) and related compounds exhibiting the biological activity of folic acid, calculated and expressed in micrograms of dietary folate equivalents (DFE). DFE - Dietary Folate Equivalents; 1 DFE = (µg folic acid x 1.7) + µg food folate

57 Slide 57 of 73 Nutrition Labelling Modernization Calculations for vitamins are set out in Section D FDR NIACIN: In terms of the content of niacin and its derivatives, calculated in milligrams of nicotinic acid, plus the content of tryptophan, calculated in milligrams and divided by 60, with the total niacin equivalents (NE) expressed in milligrams. For the purpose above, the content of tryptophan may be calculated (a) where the protein originates from a food that contains protein from more than one source or from a source other than milk, meat, poultry, fish or eggs, as constituting 1.1 per cent of the protein; (b) where the protein originates from milk, meat, poultry or fish, as constituting 1.3 per cent of the protein; and (c) where the protein originates from eggs, as constituting 1.5 per cent of the protein.

58 Slide 58 of 73 Nutrition Labelling Modernization Rounding Rules Updates include... Potassium added in mg and percent DV. Calcium & Iron added in mg and percent DV. Vitamins and minerals in percent DV, with amount in mg or mcg.

59 Slide 59 of 73

60 Slide 60 of 73 Health Claims Modernization Health Claims Highlights New Health Claim (vegetables vs heart disease)

61 Slide 61 of 73 EXIT: One Note

62 Labelling Modernization Proposed Slide 62 of 73 Health Canada Additional Labelling & Other Modernization FOP Nutrition Information Background... o Title: Regulations Amending Certain Regulations Made Under the Food and Drugs Act (Nutrition Symbols, Other Labelling Provisions, Partially Hydrogenated Oils and Vitamin D) o Proposed regulations published in Canada in Gazette I, February 10, o The proposed regulations would provided for a transition period until December 14, 2022, and would extent the original transition period for Regulations Amending the Food and Drug Regulations (Nutrition Labelling, Other Labelling Provisions and Food Colours), also until December 14, o New vitamin D enrichment requirements come into effect 6 months after final regulations are published in Canada Gazette II.

63 Labelling Modernization Slide 63 of 73 Health Canada Additional Labelling & Other Modernization FOP Nutrition Information Highlights - Applicability... o When Sugar, Saturated Fat & Sodium are 15% or more of their DV per serving of stated size and per applicable reference amount, the front of package will alert consumers. 30% is threshold for meals and combination dishes. o A few examples of what Health Canada is thinking about is offered for discussion. o Unsweetened fruit, vegetable and certain dairy products would be excused from FOP sugar labelling. Fruit juice is captured. See proposed regulations. o For small RAs, (50 ml or 50 g), base criteria on 50 g portion. For foods with less than 5% of the DV for sodium, sat fat or sugars per serving of stated size and per reference amount, this would not apply. FDR = Food and Drug Regulations / FOP = Front of Package / RA = Reference Amounts In Discussion

64 Slide 64 of 73 Labelling Modernization Proposed Health Canada Additional Labelling & Other Modernization FOP Nutrition Information Highlights - Exemptions... o Infant Formula & certain Foods for Special Dietary Use. o Foods excused from displaying a NFt, (i.e. small packages, individual units served with meals or snacks, foods packaged at retail, etc.). o Packages of sugar and salt. o More NFt = Nutrition Facts table / FDR = Food and Drug Regulations / FOP = Front of Package ONE NOTE

65 Labelling Modernization Proposed Slide 65 of 73 Health Canada Additional Labelling & Other Modernization FOP Nutrition Information Highlights Symbols being Considered... NFt = Nutrition Facts table / FDR = Food and Drug Regulations / FOP = Front of Package

66 Slide 66 of 73 Labelling Modernization Proposed Examples of Front of Package Nutrition Symbols. Min 10% from edge Upper 25% Right 25% NFt = Nutrition Facts table / FDR = Food and Drug Regulations / FOP = Front of Package

67 Labelling Modernization Slide 67 of 73 Health Canada Additional Labelling & Other Modernization FOP Nutrition Information Highlights Sugar Claims... SUBJECT RATIONALE FOR CHANGE PROPOSED CHANGE AND INTENDED IMPACT i. No added sugars (existing claim) ii. Unsweetened (existing claim) iii. Free of sugars (existing claim) Currently, foods that would be required to display the high in sugars FOP symbol may be eligible for the no added sugars and the unsweetened claims The current conditions for using the free of sugars claim require that the food also be free of energy. Foods containing some types of highintensity sweeteners cannot use this claim because these sweeteners contribute small amounts of calories. Proposed Change conditions of use for the no added sugars and unsweetened claims by (a) aligning the meaning of added sugars with the new definition of sugars-based ingredients and (b) not permitting the claim on fruit juices that meet the threshold for high in sugars. These changes would help ensure that sugars information on product labels is not contradictory. Change the condition of use of the claim from energy free to low in energy. This change would offer industry an opportunity to use the free of sugars claim on products that contain high-intensity sweeteners. This in turn would provide consumers with more product choices as alternatives to foods high in sugars.

68 Labelling Modernization Proposed Slide 68 of 73 Health Canada Additional Labelling & Other Modernization FOP Nutrition Information Highlights Sugar Claims... SUBJECT RATIONALE FOR CHANGE PROPOSED CHANGE AND INTENDED IMPACT iv. Low in sugars (new claim) Currently, the Food and Drug Regulations do not permit industry Introduce a new low in sugars claim for foods that have no more than 5 grams sugars to state that a food is low in sugars (a) per reference amount and per serving, v. Lightly sweetened (new claim) or lightly sweetened. (b) per 50 grams if the reference amount is small (i.e., 30 grams or 30 millilitres or less), or (c) per 100 grams if the food is a prepackaged meal. Introduce a new lightly sweetened claim for foods that have at least 50% less sugars-based ingredients than those added to the similar reference food that is not low in sugars. These changes would encourage industry to formulate foods that are lower in sugars than those currently available in the Canadian food supply.

69 Slide 69 of 73 Labelling Modernization CFIA Labelling & Other Modernization Highlights of Food Labelling Modernization being Worked on... o Date Labelling: Revisions to best before and expiration dates. o Storage Statements: Revisions to support integrity of food in view of date makings. o Legibility and Placement: Considerations for mandatory information such as common name, date markings and dealer name. o Dealer Name and Address: Include CFIA license holder where applicable. Include additional contact points, like toll free telephone number, , web URL, etc.). o Country of Origin: Include PRODUCT OF on wholly imported foods. In Discussion o Emphasized Ingredient Labelling: Highlighting ingredients by words or pictures outside a list of ingredients would require a percentage declaration the ingredient in the list of ingredients, (QUID - Quantitative Ingredient Labelling).

70 Slide 70 of 73 Labelling Modernization CFIA Labelling & Other Modernization In Discussion Highlights of Food Labelling Modernization being Worked on... o Flavours: Require foods that calls out a flavour for which a food does not contain that ingredient or contains that ingredient in an amount that does not characterize the food other than as a favour, or which is characterized by a natural or artificial flavour, to be stated as being flavoured. o Ingredient Class Names: CFIA plans on repealing class names, (vegetable oils, milk ingredients, flavour, etc.), in the FDR and incorporating those by reference in a separate document, after which they will harmonize the list with class names recognized by CODEX and those by U.S., (i.e. under U.S. FDA in 21 CFR). o Food Compositional Standards: Consolidate and incorporate by reference the nearly 20 categories of food, that number over 500 standards in a separate document. Standards as needed will then be modernized.

71 Labelling Modernization CFIA Labelling & Other Modernization Slide 71 of 73 Highlights of Food Labelling Modernization being Worked on... o Modified Standardized Common Name: CFIA plans on creating regulations that will govern how and under what conditions a name for a standardized food can be modified. The concept considers examples under CODEX as well as those in the U.S. o General Regulatory Housekeeping: CFIA plans on repealing requirements that are no longer considered purposeful in a contemporary context. For example, removing a requirement for milk fat declaration for cheese, as the fat content is in the NFt. o Standard Container Sizes: CFIA plans on eliminating many of the current standard container size prescribed for various foods. The remaining standard container sizes are to be organized in a compendium that will be incorporated by reference under the SFCR. NFt = Nutrition Facts table / SFCR = Safe Food for Canadians Regulations In Discussion

72 Labelling Modernization CFIA Labelling & Other Modernization Highlights of Food Labelling Modernization being Worked on... o New Approach for Truthful and Not Misleading Food Labelling: CFIA is looking to place greater onus on industry to manage and substantiate lower risk claims, such as those related methods of production, (i.e. natural, local, free range, etc.). CFIA s concept involves the provision of more information to consumers via information technology, such as those similar under the program. Slide 72 of 73 In Discussion

73 Slide 73 of 73

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