Notice of modification: Incorporating by reference the "Nutrition labelling – Table of permitted nutrient content statements and claims" - Summary
Reference number: [NOM/ADM-NCC-2022-1]
July 20, 2022
Health Canada published the Notice of proposal - Incorporating by reference the "Nutrition labelling – Table of permitted nutrient content statements and claims" – Reference number: NOP/ADP-NCC-2018-1 on February 10, 2018, which was open to the public for comments for 75 days. The notice of proposal was published in conjunction with the Canada Gazette Part I – Regulations Amending Certain Regulations Made Under the Food and Drugs Act (Nutrition Symbols, Other Labelling Provisions, Partially Hydrogenated Oils and Vitamin D).
A total of 29 comments were provided during the consultation period. The majority of respondents supported Health Canada's proposal to repeal the table following section B.01.513 in the Food and Drug Regulations (FDR) and to create the Table of permitted nutrient content statements and claims (Table) to be incorporated by reference into the FDR. Two of the amendments to the conditions of use of the "no added sugars" claim were generally supported: the replacement of the term "added sugars" with "sugars-based ingredients" and the addition of a condition that the similar reference food cannot be "low in sugars". The majority of comments also supported amendments to a change in the condition of use of the "free of sugars" claim, the addition of synonyms to the "free of saturated fatty acids", "free of trans fatty acids" and "free of sugars" claims, and the addition of a new "low in sugars" claim. These amendments are included in the Table and manufacturers will have until January 1, 2026 to comply with the updated requirements.
In the Notice of proposal published in February 2018, Health Canada also proposed to prohibit the use of the "no added sugars" claim on foods that are high in sugars. This prohibition was not retained in the Table; instead, the FDR were amended to prohibit the use of this claim, as described in Regulations Amending the Food and Drug Regulations (Nutrition Symbols, Other Labelling Provisions, Vitamin D and Hydrogenated Fats and Oils), published in the Canada Gazette, Part II.
Further details are provided in the Notice of Modification available below in the "Information Document" section. The purpose of this communication is to publically announce the Department's decision in this regard and to provide the appropriate contact information for inquiries.
Bureau of Nutritional Sciences, Food Directorate
Health Products and Food Branch, Health Canada
251 Sir Frederick Banting Driveway
Tunney's Pasture, PL: 2203E
Ottawa, ON K1A 0K9
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