2018 Year In Review: Top 10 Food Regulatory And Legal Issues In Canada

2018 was an eventful year in Canada's food regulatory space. A number of changes and proposed changes were introduced throughout the year, including the release of the long-awaited Safe Food for Canadians Regulations 1 (SFCR), the publication of proposed regulations to permit and regulate edible cannabis, and continued efforts in modernizing Canada's food labeling requirements.

Below is our list of the top 10 food regulatory issues in Canada in 2018 and what to watch for in 2019.

1. Safe food for Canadians regulations

   Topping our list is the June 13 release of the finalized SFCR, which had been in development since 2012 following the enactment of the Safe Food for Canadians Act 2 (SFCA). Together, the SFCA and SFCR came into force on January 15, 2019, and introduced the most significant changes in decades to Canada's legal framework for food products.

   The SFCR overhauled the existing regulatory framework for food products, replacing 14 separate sets of regulations (e.g., Dairy Product Regulations, Egg Regulations, Fresh Fruit and Vegetable Regulations) with one set of comprehensive regulations. The new consolidated regulations are based on international food safety standards, which are also the basis for modernized food safety regulations that have been adopted by the United States. In addition to eliminating unnecessary administrative burden on businesses and improving consistency across all types of food and food businesses, the SFCR contain three fundamental new elements: licensing, preventive controls, and traceability.

   The SFCR establish a comprehensive licensing framework and require food businesses that engage in the following activities to be appropriately licensed:

   import/export food; slaughter food animals or prepare food to be exported or sent across provincial/territorial borders; or store and handle meat products that require Canadian Food Inspection Agency (CFIA) inspection. The SFCR set out the key food safety control principles and outline the requirements for developing, implementing and maintaining a written preventative control plan (PCP). The PCP is intended to document how the business would meet the requirements of food safety, humane treatment of animals and consumer protection.

   The SFCR also require businesses to trace food products one step forward and backward to the immediate customer or supplier respectively.

   Some aspects of the SFCA and SFCR are effective immediately, while other requirements will be phased in over a period of 12 to 30 months. Relevant businesses should review the rules carefully as the compliance date varies based on the food commodity, type of activity and business size.

2. Front-of-package (FOP) labeling consultations

   Based on draft regulations published February 10, Health Canada is proposing to implement a system of symbols to be included on the front label of certain food packages that are "high" in saturated fats, sugars and/or sodium. Four proposed standardized symbols were published for public consultation, along with the proposed regulatory amendments to the Food and Drug Regulations (FDR).

   Proposed symbols:

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   The symbol ultimately selected will be included in the final Regulations, published in the Canada Gazette, Part II. Notably, while the final symbol will be included in the Regulations, the Directory of Nutrition Symbol Formats will be incorporated by reference, which enables Health Canada to make further changes to the format without regulatory amendment.

   The proposed threshold for "high" is set at a targeted nutrient composition over 15% of that nutrient's daily value (DV), as determined against the reference amount or stated serving size. The proposed regulations include a number of deviations from the 15% DV threshold for certain food types and package sizes as well as exemptions for certain product classes. Proposed exemptions include, for...