New Food Allergens Labeling Laws in Canada: including gluten and sulphites

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On February 16, 2011, Health Canada will publish amendments to the 2008 proposed allergen labeling laws (actually, regulations), on prepackaged foods, requiring additional allergens to be disclosed.  This will highly affect those with celiac disease and gluten sensitivities, as well as those with food allergies and a sulphite sensitivity, effecting 1.75 million Canadians.  Since Canada is making many new gluten-free products, citizens from other countries may also be interested in this information.  The new regulations go into affect on August 4, 2012.  The previous regulations were published in the Canada Gazette Part I and the newer regulations will be posted in the Canada Gazette Part II.  See the summary of the changes below.

Currently Canadian food labels do not provide sufficient information in order to determine if an ingredient contains a food allergen, gluten or sulphites.  The labeling will much clearer now.  “For example, if casein is present in a prepackaged product, the word “milk” will be shown on the product label…”

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Allergens

“These amendments will apply to food allergens derived from any of the following foods: almonds, Brazil nuts, cashews, hazelnuts, macadamia nuts, pecans, pine nuts, pistachios and walnuts; peanuts; sesame seeds; wheat and triticale; eggs; milk; soybeans; crustaceans; shellfish; fish; mustard seeds and to gluten from the grains of the following cereals: barley; oats; rye; triticale; and wheat.”

The above allergens must either be listed in the ingredients or in a “Contains” statement.

“The following foods and ingredients are known to cause hypersensitivity and shall always be declared:

  • Cereals containing gluten; i.e., wheat, rye, barley, oats, spelt or their hybridized strains and products of these;
  • Crustacea and products of these;
  • Eggs and egg products;
  • Fish and fish products;
  • Peanuts, soybeans and products of these;
  • Milk and milk products (lactose included);
  • Tree nuts and nut products; and
  • Sulphite in concentrations of 10 mg/kg or more.”

These new regulations apply to bourbon, whiskey and most alcoholic products whether or not a list of ingredients is provided.  However, for prepackaged beer, ale, stout, porter or malt liquor, allergens will only be listed if a list of ingredients is voluntarily provided.  Vinegars must list sulphites according to the above regulations.

Gluten

Per Health Canada,
“Celiac disease affects approximately 1% of the population or 340,000 Canadians.” (2006) (2008)

The U.S. food labeling regulations that go into affect in 2012 will include a provision for 20ppm (parts per million) of gluten.  The new Canadian food labeling regulations require that the source of any gluten be listed as an ingredient or in a “Contains” statment.  However, the regulations will not include a cross-contamination provision.  If gluten is present due to cross contamination it will not be disclosed.

Gluten will be labeled as an ingredients or in a “Contains” statement, but not when due to cross-contamination.

Sulphites

Those with asthma are often affected by sulphite additives.  About 6% of Canadians with asthma are affected by sulphites, approximately 200,000 individuals.

The new labeling regulations will only pertain to added sulphites, not to the sulphites that may form naturally during the fermentation process.  However, if the product contains 10ppm or more “added sulphites” the regulation states it will need to be included in the list of ingredients.  If it contains 10ppm or more sulphites that are not added, but from fermentation, it will need to added to the list of ingredients or in the allergen statement.

Making it easier to identify sulphites, you will see the terms “sulfites”, “sulfiting agents”, “sulphites” and “sulphiting agents” on the label when “sodium dithionite”, “sulphurous acid” or “sulphur dioxide” are an ingredient.

Exceptions

The regulations will not require food allergen, gluten or sulphite labeling in the following cases:

  1. products packaged from bulk on retail premises, except prepackaged products that are a mixture of nuts,
  2. individual portions of food that are served by a restaurant or other commercial enterprise with meals or snacks or individual servings of food prepared by a commissary and sold by automatic vending machines or mobile canteens,
  3. meats, meat by-products, poultry, poultry meat, or poultry meat by-products that are barbequed, roasted or broiled on the retail premises.

Source: Health Canada

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