Modernizing Food Standards, Additives and Testing

Summary#

This is a proposed package of changes published in Canada Gazette, Part I on November 4, 2023 by Health Canada and the Canadian Food Inspection Agency (CFIA) to modernize parts of the Food and Drug Regulations. In practice it would move many detailed food rules out of the regulations and into web-based documents that the government can update more quickly, add a modern microbiological testing and equivalence system, and consolidate the food‑additive rules.

What it does#

• Reorganizes where rules live
  • Moves over 300 existing food compositional standards out of the written regulation and into a new online Food Compositional Standards Document that the CFIA would be able to update administratively.
  • Consolidates microbiological criteria into a single online Table of Microbiological Criteria for Food and replaces old “official method” references with a new online Table of Microbiological Reference Methods for Food plus an equivalence process (document: Canadian Requirements for Determining the Equivalence of Food Microbiological Methods of Analysis).
  • Moves chemical/physical/nutritional testing procedures into a new Table of Chemical, Physical and Nutritional Characteristics of Food so methods can be updated without a regulation change.
• Changes to food‑additive rules
  • Creates a new Division (Division 16) in the regulation to consolidate most food‑additive rules.
  • Incorporates the existing Lists of Permitted Food Additives directly by reference into the regulations (and plans to repeal the current 15 ministerial Marketing Authorizations before final rules).
  • Adds a single “adulteration + exemptions” model so a food is treated as adulterated unless the permitted additive, use, and limits in the Lists are met.
• Testing and protein quality
  • Adds a flexible approach to allow a validated alternative to the old animal‑test method for protein quality (the document says PDCAAS would be added as an option; the older PER method would still apply for infant foods).
• Other technical and consequential changes
  • Edits many commodity‑specific provisions and labelling references so they point to the new incorporated‑by‑reference documents.
  • Makes related changes to the Safe Food for Canadians Regulations, Cannabis Regulations, and other acts/regulations to reflect the new structure.
• Process notes
  • This is a proposal (not final). The notice asks for public input; interested parties may make representations within 90 days of the Canada Gazette notice.

Who's affected#

• Most affected: the agri‑food industry, food manufacturers, and importers who use or must meet food compositional standards, microbiological criteria, or food‑additive rules.
• Regulators: Health Canada and the CFIA (they will maintain the online documents and the processes for updating them).
• Producers of edible cannabis products: the Cannabis Regulations are specifically updated to align with the new food‑additive approach, so licence holders making edibles should watch for changes.
• Small businesses: the proposal says it does not create new regulatory requirements and that businesses can continue existing testing approaches or use the newer, less costly methods where permitted.
• Provinces and trading partners: changes aim to make federal standards easier to align with provincial rules and international standards.
• Unclear/variable: the proposal does not list every future change the CFIA or Health Canada might make to the incorporated documents. The volume and timing of future updates are unknown.

Why it matters#

• Faster updates: moving detailed rules into documents the agencies can change without redoing a regulation should let Canada respond quicker to new science, new testing methods, and market innovation (for example, modern microbiology tests and alternatives to animal assays for protein quality).
• Clearer rules and less duplication: consolidating additive lists and microbiological criteria should reduce confusion caused by duplicated or outdated tables spread across different parts of the regulations.
• Trade and product‑innovation effects: the change is intended to reduce barriers to introducing new foods or ingredients and help align Canadian requirements with international partners, which can ease exports and imports over time.
• Practical effect now: the proposal itself does not create new safety or labelling obligations; it mostly changes where and how those obligations will be published and updated. There would be a one‑time cost to government to set up and link the incorporated documents online, and the agencies say ongoing updates will follow public notice processes.
• Participation: because this is a proposal, stakeholders have the chance to comment during the consultation period (the notice sets a 90‑day window).