Ottawa, September 12, 2013 - The Canadian Food Inspection Agency (CFIA) would like to clarify the provision for the addition of carbohydrate matter to beer, as specified in Sections B.02.130 and 131 of the Food and Drug Regulations (FDR).
The Canadian brewing industry has requested clarification of the terms "carbohydrate matter" and "during the course of manufacture" in the beer standard, in light of the new food allergen labelling regulations. In particular, the industry is seeking guidance on whether beer with added carbohydrate matter such as herbs, spices and other plant material, is compliant with the beer standard.
Sections B.02.130 and 131 of the FDR set the standard for beer and ale, and indicate that several ingredients may be added "during the course of manufacture". These ingredients include carbohydrate matter, preservatives and fining agents.
Section B.01.008 (2)(f) of the FDR exempts standardized beer and ale from requiring an ingredient list on the label as their composition are prescribed under the FDR. Standardized beer and ale is also exempt from the food allergen labelling regulations, which came into effect August 4, 2012.
Carbohydrate matter has been defined as sources of carbohydrate (e.g. maltose, lactose, maple syrup, honey, etc.) used to supplement available fermentable sugars; however, the intended function of "carbohydrate matter" when added to beer or ale is not specified in regulation.
Although there is no regulatory definition for "carbohydrate matter", this term is interpreted to mean an ingredient whose single largest component is carbohydrate and which is used to assist in fermentation, or to enhance the flavour, body, or colour of the product.
For example, a spice whose single largest component is carbohydrate would be considered to be "carbohydrate matter". Therefore, the addition of such an ingredient to standardized beer and ale would be in compliance with section B.02.130 of the FDR. Manufacturers must be able to demonstrate that a spice or other ingredient is composed primarily of carbohydrate matter, i.e. that carbohydrate is the largest single component of the ingredient.
During the course of manufacture has historically been interpreted as "during fermentation" when referring to the addition of carbohydrate matter to beer. Yet, some of the other ingredients allowed under the beer standard (e.g. preservatives, fining agents, etc.) may be added post-fermentation.
For the purposes of Division 2 of the FDR, CFIA's interpretation of "during the course of manufacture" includes post-fermentation processing up to and including the packaging of the final product.
Therefore, a beer or ale product with carbohydrate matter added at any time during the course of manufacture would be in compliance with B.02.130 or 131 and would be considered a standardized product.
As mentioned above, standardized beers and ales are exempt from ingredient listing, and the food allergen labelling regulations. This exemption would stand when ingredients such as spices are highlighted on the label, such as in a romance statement (advertising/marketing statement) or brand name, with the following exceptions:
- When the ingredient highlighting gives the impression that it constitutes a full list of ingredients, the ingredient listing would need to follow the requirements set out in the regulations.
- Any list of ingredients that is voluntarily provided must be complete, and declare all priority allergens and gluten sources, and added sulphites when present at 10 ppm or more.
- If a "Contains" statement is declared on the label of a beer or ale, and that statement could be mistaken for an allergen, gluten or sulphite declaration, then that "Contains" statement must be complete for all priority allergens and gluten sources, and sulphites when present at 10 ppm or more.
The above exemption notwithstanding, should an allergen-related health risk be identified in a standardized beer or ale, the CFIA would take appropriate action and the product may be deemed in violation of subsection 5(1) of the Food and Drugs Act. Manufacturers are ultimately responsible for the safety of their products. The CFIA verifies compliance with the requirements and takes enforcement action where necessary.
For additional information, contact your nearest CFIA office.
