Discussion paper: A strategy for modernizing food compositional standards

This document was part of the consultation on a strategy for modernizing food compositional standards. This consultation ran from June 23, 2023, to September 22, 2023.

On this page

• Introduction
• Background
• Consultation
• Food compositional standards
• Incorporation by reference
• Proposed guiding principles
• Proposed strategy for modernizing food compositional standards
  • Screen modification requests for completeness based on clear criteria to expedite processing
  • Prioritize accepted requests that address industry issues
  • Clearly communicate CFIA's decisions regarding next steps for requestors
  • Consolidate requests based on commodity groups or sub-groups to maximize efficiency during proposal development and engagement

Introduction

Consumers have become increasingly aware and knowledgeable about food labels over the years, and technology and consumer demand have changed. Modernizing food compositional standards will provide more opportunities for industry to respond to consumer preferences by marketing innovative products.

To determine the demand for changes to food standards and to maximize the efficiency of the modernization, the Canadian Food Inspection Agency (CFIA) is seeking feedback on the principles and the process that will be followed to modernize these standards.

Background

In Budget 2018, the Government of Canada announced a regulatory reform agenda focused on removing barriers to innovation and growth in key sectors. Following this, the Agri-Food and Aquaculture Sector Regulatory Review Roadmap, Health Canada's Forward Regulatory Plan and CFIA's Forward Regulatory Plan describe the government's commitment and initiatives to pursue amendments to the Food and Drug Regulations (FDR) to create clear, agile and responsive regulations.

For food compositional standards, Health Canada and CFIA are proposing to modernize the FDR framework by using incorporation by reference. This would allow CFIA to maintain and update the standards in a transparent, timely and efficient manner. It is expected that the proposed regulatory amendments would be pre-published in Canada Gazette, Part I, in fall 2023.

After these legislative amendments are complete, CFIA intends to review and modernize the food standards that are incorporated by reference into the FDR and the Safe Food for Canadians Regulations.

In anticipation of the volume and complexity of requests for modifications to food standards from stakeholders, CFIA has developed this discussion paper and is seeking your feedback on a proposed strategy for modernizing the food standards.

Consultation

This consultation will be open from June 23, 2023, to September 22, 2023, to seek feedback from all stakeholders, including:

• academia
• consumers
• consumer associations
• federal, provincial and territorial government departments
• Indigenous Peoples
• industry
• industry associations
• international trading partners
• non-government organizations

CFIA is seeking your input on how to modernize the food compositional standards, including how CFIA would use the following approaches:

• screen modification requests for completeness based on clear criteria to expedite processing
• prioritize accepted requests that address industry issues
• clearly communicate CFIA's decisions regarding next steps for requestors
• consolidate requests based on commodity groups or sub-groups to maximize efficiency during proposal development and engagement

Once the comment period ends, CFIA will analyse the feedback and publish a report summarizing what we heard. Your feedback and responses, combined with those of others, will provide guidance and support for identifying approaches to modernize the food compositional standards. CFIA will finalize and publish its strategy for modernizing the food compositional standards, before regulatory amendments to the Food and Drug Regulations are published in Canada Gazette, Part II.

Food compositional standards

More than 500 food compositional standards, or standards of identity, are prescribed under the Food and Drug Regulations and the Safe Food for Canadians Regulations for 20 categories of food. They establish the standards of composition, strength, potency, purity, quality and other properties for foods. These standards can provide a level playing field for industry and some standards help protect consumers against misrepresentation and fraud. The CFIA is also aware that some standards may be outdated and require updating to facilitate innovation or to reduce burden on industry.

The CFIA administers and enforces the non-health and safety policies and regulations. This includes the responsibility for the non-health and safety aspects of food compositional standards and associated labelling requirements.

Health Canada is responsible for establishing the policies and regulations related to the health, safety and nutritional quality of food sold in Canada (for example, fortification and food additives). CFIA enforces the policies and regulations that are set by Health Canada.

Incorporation by reference

The Food and Drugs Act and the Safe Food for Canadians Act provide the authority to use incorporation by reference (IBR) in regulations. All the food compositional standards under the Safe Food for Canadians Regulations already reside in the IBR document titled Canadian Standards of Identity. Health Canada and CFIA are proposing to move the non-health and safety aspects of the food compositional standards in the Food and Drug Regulations into an IBR document. Together, these documents will allow for more efficient updates of the standards without the need to amend the texts in the regulations.

Although future modifications to the standards in these documents will not go through the Canada Gazette process, CFIA will maintain these documents based on the guiding principles of accessibility, transparency, consistency, reasonableness and clarity, in accordance with CFIA's Incorporation by Reference Policy. When stakeholders propose modifications, CFIA will assess, notify and engage with stakeholders as appropriate.

For guidance on requesting modifications to IBR documents, refer to How to request a modification to a document incorporated by reference by CFIA into the Safe Food for Canadians Regulations or the food-related provisions of the Food and Drug Regulations.

Proposed guiding principles

CFIA is proposing the following guiding principles to maximize the efficiency of modernization and to create an agile framework for food compositional standards:

• The framework for food compositional standards should strive to minimize the burden on industry and should contain only those standards that are relevant to the current marketplace.
• The objective of a food standard should be to provide consumers with the predictability of composition and protection when there is a risk that a product could be represented in a manner that is false or misleading.
• A food standard should be outcome based where possible to create opportunities for industry innovation while maintaining a level playing field for food businesses.
• The content of a food standard should include only those properties that define the essential nature of the food.
• The content of a food standard should not include composition or production elements that are not relevant to the essential nature of the food (for example, specific sweetening agents, specific food additives and mandatory/voluntary food fortificants).
• The content of a food standard should not contain elements related to the health, safety and/or nutritional quality of foods (for example, food additives or novel foods) since Health Canada establishes the standards related to the health, safety and nutritional quality of food.
• A food standard should be written in a clear and concise manner, to reduce redundancy and facilitate compliance and enforcement.
• A food standard should harmonize with provincial, territorial and international standards to the greatest extent possible.
• A food standard should comply with Canada's international trade obligations.

Proposed strategy for modernizing food compositional standards

CFIA acknowledges the importance of efficiency and transparency when processing requests for modifications to food standards from stakeholders. By providing clarity on how CFIA will manage the requests and communicate about their progress, CFIA will be able to offer more predictable outcomes for requestors and support industry innovation in a timely manner.

With these goals in mind, CFIA proposes the following approaches to modernize the food compositional standards that are incorporated by reference into the Food and Drug Regulations (FDR) and the Safe Food for Canadians Regulations (SFCR).

Screen modification requests for completeness based on clear criteria to expedite processing

When CFIA receives a modification request for incorporated food compositional standards in the FDR and the SFCR, it would use the proposed criteria below to screen the submission to verify the following: completeness, clarity, validity and industry consensus. Only submissions meeting these criteria would proceed for further consideration. This will be important for maximizing the efficiency of the modification process for both stakeholders and CFIA.

CFIA would notify the requestors that it has accepted their submissions or it would return unaccepted submissions with suggestions on how it can be modified to meet the screening criteria. For accepted submissions CFIA will clearly communicate the appropriate next steps to the requestors (see Clearly communicate CFIA's decisions regarding next steps for requestors below).

Prioritize accepted requests that address industry issues

After screening the requests for modifications to food compositional standards, CFIA would prioritize requests that address industry issues. The CFIA proposes to prioritize requests that promote innovation and consumer choices, and those that reduce trade barriers and administrative burden. Examples include requests that address the following:

• Outdated or excessively prescriptive standards that limit innovation and consumer offerings.
• Inconsistency or redundancy between the FDR and the SFCR.
• Standards written in a way that have compliance and enforcement barriers (for example, requirements in a standard with inadequate verification methods).
• Unjustified misalignment with provincial, territorial or international standards.
• Conflict with Canada's international obligations.
• Minor administrative adjustments or consequential modifications as outlined in CFIA's Incorporation by Reference Policy.

Clearly communicate CFIA's decisions regarding next steps for requestors

CFIA would analyse the submissions in accordance with its Incorporation by Reference Policy and Outcome-based Regulations Policy. For specific considerations, refer to the guidance titled How to request a modification to a document incorporated by reference by CFIA into the Safe Food for Canadians Regulations or the food-related provisions of the Food and Drug Regulations.

After the analysis, CFIA would clearly and promptly communicate appropriate next steps to the requestors. These may include:

• moving forward with a proposal to modify the standards
• declining a submission with suggestions for additional detail or rationale
• proposing an alternative approach that achieves the same outcome in a more efficient manner (for example, guidance documents and best practices)

Consolidate requests based on commodity groups or sub-groups to maximize efficiency during proposal development and engagement

If CFIA decides that developing a proposal to modify the standards is the proper course of action, it is proposing to consolidate the requests based on commodity groups or sub-groups, where appropriate. For example, accepted requests that are applicable to a specific volume of the Canadian Standards of Identity document may be consolidated.

Consolidation allows for more efficient use of resources when CFIA develops the change proposals. It also saves time for stakeholders (for example, industry sectors) when providing feedback on proposals during consultations. Consolidation further allows for simultaneous review of related food standards, which promotes consistency, minimizes redundancy and provides an opportunity to develop generic specifications and criteria.