Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 191/4

24 February 2011

Dear Sirs,

Commercial Information Circular No. 125/2011

Canada : Enhanced Labelling Requirements for Food Allergen, Gluten Sources and Added Sulphites

The Canadian Department of Health (Health Canada) published a notice in the Canada Gazette Part II of 16 February 2011 to amend the Food and Drug Regulations to enhance the labelling requirements for food allergen, gluten sources and added sulphites contained in pre-packaged products. To allow time for manufacturers to implement the changes, the new labelling requirements will come into force on 4 August 2012. The Gazette notice is available at http://www.gazette.gc.ca/rp-pr/p2/2011/2011-02-16/html/sor-dors28-eng.html. Information relevant to the new labelling requirements can also be found in the designated webpage for food allergen labelling developed by the Health Canada at http://hc-sc.gc.ca/fn-an/label-etiquet/allergen/index-eng.php.

DETAILS

2.In Canada, the Food and Drug Regulations ("the Regulations") currently require that the ingredients of pre-packaged products be declared in descending order of their proportion in a list of ingredients on the label of most pre-packaged products, with the exemption of components of certain ingredients, preparations and mixtures as stipulated in the Regulations. To enable consumers with a food allergy, celiac disease or a sulphite sensitivity to make an informed choice when purchasing or consuming pre-packaged products, the Health Canada introduces amendments to the Regulations so that the information regarding the presence of food allergens, gluten and added sulphites (in a total amount of 10 ppm or more) is shown on the product label in simple and consistent terminology.

Labelling Requirements for Food Allergen and Gluten

3.The regulatory amendments will require that the source of a food allergen or gluten be shown on the label of pre-packaged products, either in the list of ingredients or in a "Contains" statement, unless the food allergen or gluten is present as a result of cross-contamination. These amendments will apply to:

1. "food allergen" derived from any of the following foods: almonds, Brazil nuts, cashews, hazelnuts, macadamia nuts, pecans, pine nuts, pistachios or walnuts; peanuts; sesame seeds; wheat or triticale; eggs; milk; soybeans; crustaceans; shellfish; fish; or mustard seeds; and
2. "gluten" from the grains of the following cereals: barley; oats; rye; triticale; and wheat.

4.The Regulations also stipulate that some of the source of the food allergen or gluten must be shown in a "Contains" statement when the specific conditions as identified occur. Please refer to subsection B.01.010.1(9) of the Regulations for details.

Labelling Requirements for Added Sulphites

5.Sulphites added as ingredients or components will continue to be shown in the list of ingredients when pursuant to the requirements of the Regulations. These amendments will also require that the added sulphites (i.e. sulphites that are food additives in pre-packaged products) present in a total amount of 10 parts per million (ppm) or more must be shown on the label of pre-packaged product, either in the list of ingredients or in a "Contains" statement. However, 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 "Contains" statement whether or not they are already shown in the list of ingredients.

Requirements for the "Contains" Statement

6.If a "Contains" Statement is required, it must:

1. appear immediately after the list of ingredients, if any, without any intervening printed, written or graphic material; and
2. complete with all food allergen and gluten present in the pre-packaged products as well as added sulphites when they are present in a total amount of 10 ppm or more in the pre-packaged products.

7.For details of the labelling requirements, including the special requirements for standardized alcoholic beverages and vinegars and the required use of common names of ingredients and components in the labels, as well as the applicable exemptions of the Regulations, please refer to the Gazette Notice and the designated webpage by Health Canada mentioned in paragraph 1 above.

8.Traders are strongly advised to seek clarifications with their importers in Canada in order to comply with the necessary requirements.

ENQUIRIES

9.For enquiries concerning the content of this circular, please contact the undersigned at 2398 5682.

Yours faithfully,

(Miss Carmen CHAN)

for Director-General of Trade and Industry