Canadian Food Inspection Agency
www.inspection.gc.ca
Common menu bar links
Breadcrumb
Institutional links
Nutrition Labelling - General Questions
Label Reviews and Mandatory Label Registrations
Enforcement of the Regulations
Where can I get more information?
Imported Foods
Q1. Are imported products required to comply with the nutrition labelling requirements?
Yes, imported products must meet the same labelling requirements as foods produced in Canada. Imported products are subject to the same level of enforcement action as domestic products.
Q2. For imported products sold at retail, is the importer or the retailer responsible for applying the information on the label?
The importer is responsible for ensuring that foods imported into Canada are compliant with the Canadian regulations. Products with non-compliant labels can be imported provided that the importer gives the CFIA notification of the proposed importation of the food and the food is re-labelled or modified as may be necessary to enable its sale to be lawful in Canada, within three months after the importation of the product or prior to leaving the warehouse (A.01.044, Food and Drug Regulations). It is important to note that the food cannot be sold in Canada until it is compliant with Canadian regulations, including providing mandatory information in both English and French where required. Please note that other federal legislation may have specific requirements for the labelling of imported products, including mandatory label registration for processed meat products.
Retailers, however, are also legally obligated to ensure that the products they sell are compliant with the appropriate regulations.
Advertising
Q1. Do the regulations pertaining to nutrient content claims and health claims apply to advertising as well as labelling?
Yes, the regulations apply to all types of advertisements, including print, radio, television, Internet, etc. There are specific sections for advertising in the new regulations. The use of nutrient content claims and health claims trigger nutrition labelling on the packages of some foods otherwise exempted from the Nutrition Facts table under section B.01.401 (2), Food and Drug Regulations. More information can be found in Chapters 5 and 7 of the Guide to Food Labelling and Advertising.
Meat - Disclaimer for Nutrition Information
Q1. Is a disclaimer such as "subject to change with various suppliers" acceptable on retail store signs to qualify nutrition information covering a variety of meats on display?
No, it is not acceptable to use a disclaimer such as "subject to change with various suppliers" on retail store signs to qualify nutrition information covering a variety of meats on display. The retailer is responsible for providing accurate information concerning the product as sold and cannot be relieved of this responsibility by using a disclaimer. (updated 2006)
Label Reviews and Mandatory Label Registration
Q1. What is the typical process for the CFIA's approval of new labels?
There are two pre-market label review processes, mandatory label registration and voluntary pre-market review.
Mandatory Label Registration: Mandatory label registration is required for meat products governed under the Meat Inspection Act and Regulations and certain domestically produced processed fruit and vegetable products, covered by the Processed Products Regulations.
The CFIA's Label Registration Unit registers labels for all processed meat and processed fruit and vegetable products produced in federally registered establishments. Pproduct label registration requests are to be submitted with the form CFIA/ACIA 1478 accompanied by the appropriate copies of the label and formulation, as well as the specified fee.
In order to expedite the process, companies should provide information such as the available display surface of the package, the area taken up by the UPC, the die-lines on label proofs where necessary, the figure used for the Nutrition Facts table, and any relevant calculations.
The label submission procedure for the products requiring mandatory label registration is available from the CFIA web site. The label must be accompanied by the registration of label, markings and containers, form CFIA/ACIA 1478 can be found on the CFIA web site.
Please note that labels which have not been registered or updated according to these procedures cannot be applied to products until a stamped final registration form 1478 has been received by the company.
Voluntary Pre-Market Label Review: Labels for voluntary pre-market label reviews are provided as a courtesy to the industry based on available resources. They should be submitted to the local CFIA inspection office for the commodity involved.
Q2. What is the turn around time for mandatory pre-market label reviews?
Normally, the CFIA operating guidelines for basic pre-market label reviews, where the required documentation is provided and labelling guidelines are clear, is a ten day turn-around time.
Q3. Will every Stock Keeping Unit (SKU) need to be submitted for government approval (e.g. seven flavours of one item)?
For products requiring mandatory label registration, labels representing each flavour and size of the product to be marketed must be submitted for registration. There are no specific submission requirements for product labels sent in under the voluntary pre-market label review program.
Q4. If an inspector makes comments on a label or on an advertisement and advises that a non-compliance has occurred on the label, who can be contacted if there appears to be an issue needing more clarification before a label change is deemed necessary or put in place?
Mandatory Label Registration: If a company requires clarification on comments regarding a label submitted for registration, it is suggested that a company representative contact the reviewer identified on the returned CFIA form 1478 for an explanation. Alternatively, the company can contact the National Coordinator of the Label Registration Unit:
Label and Recipe Registration
Canadian Food Inspection Agency
1431 Merivale Rd
Floor 3
Ottawa, Ontario K1A 0Y9
Canada
Voluntary Pre-Market Label Review: If a company feels that the label review is unclear or does not agree with the CFIA's interpretation, a request can be made to the inspector to have the issue submitted to the Area or National program specialist for further clarification. Decisions will be provided back to the company by the inspector. The Guide to Food Labelling and Advertising can also help clarify the requirements of the regulations and it is suggested that industry thoroughly consult the Guide prior to making changes to labels.
Enforcement of the Regulations
Q1. How does the CFIA deal with enforcement? What criteria are used by the CFIA in setting priorities to enforce the regulations?
The CFIA currently enforces the labelling provisions of the Food and Drugs Act and Regulations. The CFIA enforcement policy with respect to non-compliance issues has been developed. It takes into consideration the gravity of the violation, a company's past history, and its willingness to comply with the requirements.
Compliance Sampling
Q1. Is CFIA going to be conducting nutrient analyses of products to determine compliance?
Sampling is one of the inspection tools available to the CFIA to determine compliance with the regulations. The Nutrition Labelling Compliance Test, available on the CFIA website, describes how the information in the Nutrition Facts table will be assessed. The CFIA works with industry so that industry understands and corrects violations.
Q2. Will there be any regulations to guide how the sampling for collecting nutrition data should be done?
No. The Food and Drug Regulations do not prescribe how sampling must be done for nutrition labelling, nor will they be amended to add in sampling procedures. The CFIA procedure for assessing the accuracy of nutrition information is detailed in the CFIA's Nutrition Labelling Compliance Test and includes sampling procedures which will be used by the CFIA for testing compliance of a lot. The Guide to Developing Accurate Nutrient Values has been developed by Health Canada to assist companies in generating nutritional values for foods coming from different (multiple) lots.
Where Can I Get More Information?
Q1. What government guidance is available to members of industry to help them develop nutrition labels?
Industry is encouraged to consult the web-based tools made available to them. The regulations can be found in the Food and Drug Regulations. The Guide to Food Labelling and Advertising includes information about the available formats and requirements on nutrition labelling. Also, there is the CFIA Nutrition Labelling Compliance Test for the determination of the accuracy of nutrient values for nutrition labelling and nutrient content claims on labels and in advertising, with information on sampling plans and tolerances.
Health Canada and the CFIA have jointly produced the Guide to Developing Accurate Nutrient Values which deals with the development and use of data bases by industry, to facilitate the generation of accurate nutrient values.
Food and nutrition labelling decisions are posted on the CFIA web site. You can subscribe to "Labelling Updates" listserv to receive e-mail notification of these decisions.
To assist with the design of your new label, you can request by e-mail the Compendium of Templates for "Nutrition Facts" Tables, which sets out full-size graphic illustrations of the various permitted versions of the Nutrition Facts table.
For more information, industry can contact the CFIA through their regional office
Q2. How do I find a consultant who can help me implement the regulations?
The CFIA does not have a list of consultants available to the industry. However, other organizations such as industry associations, research centres, the Yellow Pages, food industry journals, some universities and colleges, law firms and analytical laboratories, etc. have lists that manufacturers can consult to find a qualified food labelling consultant.
