Modernize food standards, additives and testing

Summary#

These are proposed changes to the Food and Drug Regulations (FDR) called Regulations Amending Certain Regulations Concerning Food Additives and Compositional Standards, Microbiological Criteria and Methods of Analysis for Food. The proposal would move many food “standards” and testing rules out of the static regulation text and into separate, updateable documents so regulators can change technical rules faster without rewriting the law. The notice was published on November 4, 2023 and people can comment for 90 days after that date.

What it does#

• Moves the non‑safety parts of more than 300 food compositional standards out of the FDR into a new, updateable document called the Food Compositional Standards Document, so those standards can be changed administratively.
• Separates health and safety rules (like microbiological limits) from compositional rules and creates a new Division 30 plus a new Table of Microbiological Criteria for Food that can be updated more quickly.
• Replaces fixed “official” lab methods in the regulation with a flexible approach: labs would use a microbiological reference method or an equivalent method listed in updateable documents (including a Table of Microbiological Reference Methods for Food and rules for proving equivalence).
• Lets Health Canada accept a modern, non‑animal test for protein quality (the PDCAAS method) alongside the older animal test (PER) for most foods — intended to reduce testing cost and time for many products.
• Consolidates and modernizes food‑additive rules by incorporating the existing administrative Lists of Permitted Food Additives directly into the FDR, and proposes to repeal the current 15 separate marketing authorizations (MAs) that now hold those lists.
• Creates a new Table of Food Additive Specifications and removes duplicate or outdated references across the regulation text.
• Makes targeted changes to other rules and related regulations (including the Safe Food for Canadians Regulations and the Cannabis Regulations) so the new structure works across federal food rules.
• Health Canada and the Canadian Food Inspection Agency (CFIA) say the changes are not intended to add new regulatory requirements. There will be a one‑time government cost to update online documents and web pages.

Who's affected#

• Consumers: anyone buying packaged foods may see clearer labeling and up‑to‑date safety rules over time.
• The agri‑food industry (food processors, manufacturers, packagers, importers and exporters): they would deal with new documents instead of hunting through the static regulation text when they check what’s allowed in products.
• Small food businesses may benefit from cheaper testing options (PDCAAS) for protein‑related claims.
• Producers of edible cannabis products: the Cannabis Regulations would be adjusted to match the new food‑additive approach.
• Provincial regulators and businesses that trade between provinces: interprovincial standard alignment could change as standards are updated.
• Health Canada and the CFIA: responsible for maintaining the new updateable documents and for enforcement and public notices.

If anything above is unclear in the proposal (for example how quickly a particular standard might change, or how an individual product would be reclassified), the regulations say those details will be handled in the separate, updateable documents and through public notifications.

Why it matters#

• Faster updates: technical rules (microbial limits, lab methods, additive lists, compositional standards) can be changed more quickly to reflect science, new tests, trade practices and product innovation. That can speed the arrival of new or reformulated foods to market.
• Lower testing burden: adding the PDCAAS protein method gives industry an accepted alternative to an older, costlier animal test, which matters for plant‑based and mixed‑protein foods.
• Clearer rulebook: separating compositional details from safety rules should reduce confusion about what is a consumer‑information requirement versus a public‑health requirement.
• Trade and innovation: the change aims to reduce some barriers to interprovincial and international trade by allowing quicker harmonization with trading partners’ standards.
• Limited immediate cost to businesses: Health Canada states the package is not intended to create new regulatory obligations and that major costs are expected only for the government to set up and maintain the new online documents.
• Next steps: this is a proposal (Canada Gazette, Part I). Stakeholders can comment during the 90‑day consultation that began on November 4, 2023 before the government decides final wording and timing.