Part IIFinal RegulationPublished: July 6, 2022

Food Labelling Modernization Amendments

Regulations Amending the Food and Drug Regulations: SOR/2022-143

Final amendments to the Food and Drug Regulations modernize food labelling by moving ingredient common names and some standard container sizes into an incorporated reference, streamlining commodity-specific rules, and adding a definition for “test market food”. The changes reduce prescriptive requirements, aim to lower temporary exemption applications, and came into force on 2022-06-21.

Published
July 6, 2022
Department
Unavailable
Section
Regulations Amending the Food and Drug Regulations
Comment deadline
Unavailable
Effective date
June 21, 2022
Publication part
Part II

Summary

Summary#

These are final amendments to the Food and Drug Regulations that change several rules about food labels. They let some lists (like ingredient common names and some container sizes) be kept in a separate document that can be updated more easily. The changes came into force on June 21, 2022.

What it does#

  • Creates a new incorporated reference called the Common Names for Ingredients and Components Document (published by the Canadian Food Inspection Agency) and allows ingredient and component names to be listed there instead of inside the regulations.
  • Repeals some old, very specific labelling rules for particular foods and replaces others with shorter, outcome-based rules (for example, a rule that a label must say words that make the product’s true nature clear when it could be confused with another food).
  • Moves some remaining standard container sizes out of the main regulations and into an incorporated-by-reference list; other prescribed sizes are removed entirely to give industry more flexibility.
  • Adds or updates technical label rules, for example:
    • clarifies what “close proximity” of label information means;
    • lets required information appear on the bottom of some ornamental or small containers in specific cases;
    • sets ordering rules for ingredient lists (items shown in descending order by weight before mixing) and keeps a special rule that certain seasonings need not be listed by weight when they total no more than 2% of ingredients.
  • Introduces a definition of “test market food” to limit long-running exemptions used to avoid label rules and reduce repeated temporary authorizations.
  • Makes cross-references to and aligns some parts of the rules with the Safe Food for Canadians Regulations and notes that related minor changes to the Cannabis Regulations are needed.

Who's affected#

  • Food and beverage manufacturers and packagers, including small food businesses.
  • Wholesalers, retailers and grocery stores that sell prepackaged foods.
  • Consumers who read ingredient lists and shop by packaged quantities or product descriptions.
  • The Canadian Food Inspection Agency and Health Canada, which share oversight of food labelling.
  • Restaurants and similar businesses are explicitly clarified as not being subject to SFCR licensing requirements introduced earlier (so they are not made into new federal licence-holders).

If it’s unclear whether a specific product or business is affected, the CFIA guidance documents referred to in the regulations will explain the details.

Why it matters#

  • Gives industry more flexibility to innovate. Moving common names and some container sizes into separate documents makes updates easier without redoing the whole regulation.
  • Reduces paperwork and regulatory burden. The CFIA said it handles about 2,271 Ministerial Exemption (ME) applications and 40 Test Market Authorization (TMA) applications a year. The changes are expected to cut TMAs by about 97% and MEs by about 9.6%, lowering the need for repeated exemptions.
  • Helps consumers get clearer, more consistent information on labels over time, because ingredient names can be updated more quickly and many prescriptive, commodity-specific rules are simplified.
  • Keeps safety and trade-related labelling where needed, while removing outdated or unnecessary technical requirements that could limit product choices or packaging innovation.
  • Came into force on June 21, 2022, so businesses and consumers should see the legal effect from that date; CFIA guidance is available to explain how the changes are applied.

Key topics

Food and Drug RegulationsFDRCommon Names for Ingredients and Components DocumentCanadian Food Inspection AgencySafe Food for Canadians RegulationsSFCRtest market foodTest Market AuthorizationTMAMinisterial ExemptionMEstandard container sizesCannabis RegulationsHealth Canadafood labelling

Source: Canada Gazette

Official source