Summary of proposed changes to the Common Names for Ingredients and Components document for milk ingredients and modified milk ingredients

At the request of the dairy processing sector, the Canadian Food Inspection Agency (CFIA) was seeking feedback on proposed changes to the ingredients or components that are allowed to use the common name "milk ingredients" or "modified milk ingredients" in the list of ingredients on a food label. This will include changes to the Common Names for Ingredients and Components document that is incorporated by reference in the Food and Drug Regulations.

Background

On food labels, ingredients and components must be shown in the list of ingredients by their English and French common names. For certain ingredients and components, there's an option to use a common name for the class of foods they belong to instead of their individual common names. Here are some examples:

• If skim milk is added as an ingredient to a food, it may be shown in the list of ingredients as either "skim milk" (the individual common name) or "milk ingredients" (the common name for the class of foods it belongs to)
• If whey protein concentrate is added as an ingredient to a food, it may be shown in the list of ingredients as either "whey protein concentrate" (the individual common name) or "modified milk ingredients" (the common name for the class of foods it belongs to).

These optional common names may be used only if none of the ingredients or components belonging to that class of foods are shown separately in the list of ingredients by their individual common names.

Table 2 of the Common Names for Ingredients and Components document

The optional common names for certain classes of ingredients and components are set out in Table 2 of the Common Names for Ingredients and Components document, which is incorporated by reference into the Food and Drug Regulations.

This document sets out which ingredients or components can use the common name "milk ingredients" and which can use "modified milk ingredients" in the list of ingredients. Companies may use the following common names on food labels.

The common name "milk ingredients"

• This name applies to specifically named ingredients and components, as well as any component of milk whose chemical composition has not been altered and that exists in the food in the same chemical state in which it is found in milk
• This means that these milk ingredients and components have generally only been subjected to a physical type of compositional change

The common name "modified milk ingredients"

• This name applies to specifically named ingredients and components, as well as any component of milk whose chemical state has been altered from what is found in milk
• This means that these milk ingredients and components have generally been subjected to chemical, enzymatic or bacteriological changes

The common names "milk ingredients" and "modified milk ingredients," or just the common name "modified milk ingredients"

• These names can be used when a food contains ingredients or components that may use the common name "milk ingredients" as well as ingredients or components that may use the common name "modified milk ingredients"
• In these cases, both names may be used in the list of ingredients OR only "modified milk ingredients" may be used to capture both

Stakeholders have told us that it's not always clear which ingredients or components fall under the "milk ingredients" common name category and which fall under the "modified milk ingredients" category. They have also told us that the common name "modified milk ingredients" does not properly describe the nature of the ingredients and components that may be grouped under this class name.

Proposed changes

The CFIA is proposing changes to the "milk ingredients" and "modified milk ingredients" common names in the Common Names for Ingredients and Components document to provide more precise information on which ingredients or components may use which common name. This should help companies apply these names more consistently in the list of ingredients. It should also help consumers because food labels will better reflect the nature of these ingredients and components.

Changes to Tables 1 and 2 of the Common Names for Ingredients and Components document are being proposed. The changes to Table 2 are explained first because they provide context to the changes to Table 1.

Amend Table 2 - Common names for ingredients or components when those of the class are not shown separately

Proposed change 1

Item 7, Column 1: change the ingredients or components that are allowed to use the common name "milk ingredients" by making it a list of specifically named ingredients and components. This is accomplished by removing "and any other component of milk the chemical composition of which has not been altered and that exists in the food in the same chemical state in which it is found in milk" from column 1.

This change will make it clear that only the ingredient or component named in column 1 of item 7 can use the common name "milk ingredients." Other dairy ingredients or components will now fall under item 7.1 in table 2.

Ingredients and components listed under item 7 will continue to be those that have generally undergone only a physical type of compositional change. This class will be foods that are generally considered to be commonly known and used by consumers.

Item 7, Column 2: change the French common name from "substances laitières" to "ingrédients du lait" because it's a more accurate translation of "milk ingredients."

Compare current text and proposed change for table 2 item 7

Proposed change 2

Item 7.1, Column 1: change the ingredients or components that are allowed to use the common name "modified milk ingredients" by doing the following:

• using the words "proteins derived from milk" to capture casein, caseinates, milk serum proteins, and milk protein isolates and concentrates, regardless of the method used to produce them (for example, ultrafiltration, diafiltration or acid precipitation).
• replacing "calcium reduced skim milk (obtained by the ion exchange process)" with "calcium reduced skim milk" to include other methods that also reduce calcium
• removing the condition that item 7.1 only applies to components of milk whose chemical state has been altered from that in which it is found in milk, so that item 7.1 includes any component of milk, whether or not it has undergone additional processes that change its chemical state, and that is not captured in item 7 above
• clarifying that it excludes ingredients that are used as food additives

These changes generally align with the current categorization of ingredients and components listed under item 7.1, which include foods that have undergone changes such as chemical, enzymatic or bacteriological changes.

We are proposing that food additives be excluded because, in general, they must be shown in the list of ingredients by the common name used for the food additive in the Lists of Permitted Food Additives or by an acceptable synonym in the Permitted Synonyms for Food Additives Table. These labelling requirements are intended to accurately indicate to consumers that the food contains food additives.

Item 7.1, Column 2: change the English common name "modified milk ingredients" to "milk-derived ingredients" and the French common name "substances laitères modifiées" to "ingrédients dérivés du lait". These changes are intended to more accurately describe to consumers the nature of the ingredients or components grouped under item 7.1.

Proposed change 3

Item 7.2, Column 2: change the common name "modified milk ingredients" to "milk-derived ingredients" and "substance laitières modifiées" to "ingrédients dérivés du lait" to align with the changes proposed or item 7.1.

Item 7.2 permits a food label to use just the "milk-derived ingredients" class name, instead of both class names, if it contains ingredients that can use the common name "milk ingredients" as well as ingredients that can use the common name "milk-derived ingredients." For example, if the product contains butter (a milk ingredient) and whey (a milk-derived ingredient), the label only needs to include "milk-derived ingredients" in the list of ingredients.

Note: Certain dairy products are exempt from showing a Nutrition Symbol on their label even if they contain ingredients or components grouped under the class names of "milk ingredients" and/or "modified milk ingredients" [B.01.350(9)(a)(i) and (ii), FDR].

In other words, the addition of "milk ingredients" and "modified milk ingredients" does not trigger the loss of the exemption in cheese and yogurt, including drinkable yogurt, made from dairy products, kefir and buttermilk.

We intend to maintain this exemption.

Amend Table 1 - Common names for specific ingredients or components

Proposed change 4

Item 9, Column 1: exclude protein isolates derived from milk. This will allow protein isolates derived from milk to use the common name "milk-derived ingredients."

Without this change, protein isolates such as "milk protein isolate" must be specifically named in the list of ingredients, and the class name "milk-derived ingredients" may not be used for any other ingredients or components grouped under the class name in item 7.1 of table 2.