Health Canada’s proposal to update the incorporated by reference document: Table of permitted nutrient content statements and claims

Reference number: NOP/ADP-NCC-2023-1

November 4, 2023

On this page

• Background
• Proposed changes
• Rationale for the proposed changes
• Implementation and enforcement
• Public comments and contact information

Background

The Table of permitted nutrient content statements and claims is a table that sets out the conditions for making nutrient content statements and claims that are permitted on foods for sale in Canada. Nutrient content statements and claims describe the level of a nutrient or energy in foods.

The table was incorporated by reference in the Food and Drug Regulations (FDR) on July 20, 2022 (SOR/2022-168) in order to allow for timely and efficient updates in response to new scientific data. Previously, this information was prescribed in a table following section B.01.513 of the FDR.

Proposed changes to the table of permitted nutrient content statements and claims

The conditions column for "source of protein", "excellent source of protein", and "more protein" claims in the Table of permitted nutrient content statements and claims includes the official method for measuring protein quality and minimum protein ratings. Health Canada proposes to update column 2 of items 8, 9, and 10 of the Table of permitted nutrient content statements and claims as follows:

• Remove "protein rating of X or more" and replace it with "protein quality of not less than that set out in column 3 of the Table of chemical, physical and nutritional characteristics of food";
• Remove "official method FO-1, Determination of Protein Rating, October 15, 1981" and replace it with "the corresponding method set out in column 4" of that table; and
• Remove "per reasonable daily intake, or per 30 g combined with 125 mL of milk, if the food is a breakfast cereal". That information will now be found in the Table of chemical, physical and nutritional characteristics of food.

The conditions column for "no added fat" claims in the Table of permitted nutrient content statements and claims makes reference to foods in Division 9 of the FDR. Health Canada proposes to update column 2 of item 17 of the Table of permitted nutrient content statements and claims as follows:

• Remove "Division 9" and replace it with "Volume 8 of the Food Compositional Standards Document" in both subsections (1) and (2).

Proposed updated conditions for "no added fat" and various protein content claims in the Nutrition labelling - Table of permitted nutrient content statements and claims

Rationale for revising the Table of permitted nutrient content statements and claims

Note - To facilitate understanding of the proposed changes, it is recommended that the reader review this document in conjunction with the proposed Regulations Amending Certain Regulations Concerning Food Additives and Compositional Standards, Microbiological Criteria and Methods of Analysis for Food pre-published in Part I of the Canada Gazette on November 4, 2023, as the subject matter is closely linked. Learn more about this regulatory proposal.

The current regulatory framework for methods of analysis for foods in the FDR requires the use of specific "official methods" of analysis to measure whether a food meets certain microbiological, chemical, physical and/or nutritional requirements. These official methods were incorporated by reference into the FDR in a static (or fixed) manner in the 1980's. While they reflect the standard analytical methods of that time, they have not been revised since. Technological and scientific advances have led to the development of more reliable, rapid, cost-effective, sensitive and accurate methods. However, despite the availability of modern alternatives, the official methods remain those that must be used for compliance with the regulations.

The FDR also includes over 300 food compositional standards, which set out requirements (e.g., permitted ingredients, quality parameters, manufacturing methods, prescribed common names) for an array of foods which must be followed if the food is to be sold as such. This current framework is not responsive to innovations in food manufacturing, to changes in consumer demand or to changes in international standards or trading partner practices.

In Budget 2018, the Government of Canada announced a regulatory reform agenda focussed on removing barriers to innovation and growth in key sectors, including the agri-food and aquaculture sector. A targeted review of the sector, including public consultations, was completed in 2018, culminating in the publication of the Agri-Food and Aquaculture Sector Regulatory Review Roadmap (the Roadmap) in June 2019. As part of the Roadmap, Health Canada committed to incrementally redesigning the food regulations, including modernizing the regulatory frameworks for food compositional standards and for setting and updating methods of analysis.

On November 4, 2023, Health Canada and the Canadian Food Inspection Agency (CFIA) pre-published the Regulations Amending Certain Regulations Concerning Food Additives and Compositional Standards, Microbiological Criteria and Methods of Analysis for Food in Part I of the Canada Gazette, which propose, among other things, to repeal from the FDR the statically incorporated by reference official method for measuring protein quality and the associated minimum protein quality values. This information would be included in the new Table of chemical, physical and nutritional characteristics of food document that would be incorporated by reference into the FDR. The proposed amendments to incorporate by reference the official method and the protein quality values into the FDR in a manner that permits administrative amendments from time to time would allow for Health Canada to better respond to new and emerging science, technology, market innovation and risks to health.

The incorporated by reference Table of permitted nutrient content statements and claims currently includes the minimum protein ratings as determined by Official method FO-1, Determination of Protein Rating, October 15, 1981 (FO-1), as conditions for foods to qualify to display "source of protein", "excellent source of protein", and "more protein" claims. With the recent proposal to repeal the static incorporation by reference of FO-1 and the protein ratings from the FDR and place these details in a new incorporation by reference document that can be administratively amended from time to time, Health Canada is proposing similar changes to the Table of permitted nutrient content statements and claims. This proposal would not change the conditions for using the "source of protein", "excellent source of protein", and "more protein" claims.

The Regulations Amending Certain Regulations Concerning Food Additives and Compositional Standards, Microbiological Criteria, and Methods of Analysis for Food also proposes to repeal from the FDR the food compositional standards and incorporate them by reference into the FDR in a new Food Compositional Standards Document which can be administratively amended from time to time. The incorporated by reference Table of permitted nutrient content statements and claims currently references foods in Division 9 of the FDR in the conditions to qualify to use a "no added fat" claim. With the recent proposal to repeal the food compositional standards from the FDR, these foods will no longer be in Division 9 of the FDR. Instead they will be in Volume 8 of the Food Compositional Standards Document. Health Canada is therefore proposing to change the "no added fat" claim conditions in the Table of permitted nutrient content statements and claims to reference foods in Volume 8 of the Food Compositional Standards Document instead of foods in Division 9 of the FDR. This proposal would not change the conditions for using the "no added fat" claim.

Implementation and enforcement

The proposed changes to the Table of permitted nutrient content statements and claims will be made the day on which the Notice of Modification (NOM) is published on Health Canada's website. Given that the proposed changes do not have labelling implications, Health Canada is proposing to implement the changes the day on which the NOM is published on Health Canada's website, without any transition period. Health Canada intends to publish the NOM on the same day that the Regulations Amending Certain Regulations Concerning Food Additives and Compositional Standards, Microbiological Criteria, and Methods of Analysis in Food come into force.

The Canadian Food Inspection Agency is responsible for the enforcement of the Food and Drugs Act and its associated regulations with respect to foods.

Public comments and contact information

Health Canada is committed to reviewing any new information relating to this proposal. Interested persons wishing to submit comments or any inquiries on this proposal may do so electronically by February 2, 2024, 90 days from the date of this posting. All such submissions must use the words "Table of NCC (NOP/ADP-NCC-2023-1)" in the subject line of the e-mail and be addressed to:

Bureau of Policy, Intergovernmental and International Affairs

E-mail: bpiia-bpaii@hc-sc.gc.ca