Health Canada continues to urge food manufacturers to label priority food allergens, gluten sources and added sulphites in the interim period of the Food Allergen Labelling Regulatory Amendments coming into force

Health Canada published its food allergen labelling regulatory amendments in Canada Gazette, Part II (CGII) on February 16, 2011. Until the new regulations come into force on August 04, 2012, Health Canada continues to urge the food industry to be diligent in responding to these impending changes by listing priority food allergens, gluten sources and added sulphites on the labels of prepackaged foods.

Food allergies and intolerances are ongoing public health issues which continue to challenge the health care sector, the food industry and the Canadian public. An individual with food allergies who comes in contact with an allergen such as peanuts may have a reaction that can develop quickly, and may rapidly progress from a mild to severe reaction, such as anaphylactic shock or even death. For those suffering from celiac disease, prolonged consumption of gluten could lead to long-term health complications and the only current treatment is to maintain a strict gluten-free diet.

Health Canada, the Canadian Food Inspection Agency (CFIA), allergy associations and the medical community have identified those substances most frequently associated with food allergies and allergic-type reactions.

1. The following foods or protein derived from one of the following foods are considered priority food allergens in Canada:
   1. Peanuts
   2. Eggs
   3. Milk
   4. Tree Nuts
   5. Wheat
   6. Soy
   7. Sesame Seeds
   8. Seafood (Fish, Crustaceans and Shellfish)
   9. Sulphites
   10. Mustard is now a priority allergen in Canada, and labelling requirements for mustard will come into force on August 04, 2012. For more information on the decision to declare mustard as a priority allergen in Canada, please see Mustard: A Priority Food Allergen in Canada - A Systematic Review.
       
2. The gluten source will need to be declared when a food contains gluten protein or modified gluten protein from barley, oats, rye, triticale or wheat, including kamut or spelt;
3. Added sulphites will have to be declared when directly added to a food, or when the total amount of added sulphites contained within the food is 10 parts per million or more.

Health Canada recognizes that avoiding priority food allergens, gluten sources and added sulphites is an important health challenge for those with food allergies, sensitivities or intolerances.

In Canada, the Food and Drug Regulations (FDR) continue to require that a complete and accurate list of ingredients appear on the label of most prepackaged foods. However, efforts have been made to ensure declaration of certain components of ingredients which were previously exempt from declaration in the list of ingredients. For example, when flavours, flour, seasoning and margarine are used as ingredients in other foods, their components were previously not required to be included in the list of ingredients. As a result, a prepackaged food product labelled with a list of ingredients may have been unsafe for food allergic consumers if some of those ingredients were priority food allergens, gluten sources or added sulphites and were not declared on the label.

It is important to note that should Health Canada identify a significant health risk with respect to the presence of priority food allergens, gluten sources or added sulphites in prepackaged foods, the CFIA will take appropriate enforcement action, which may include recall of the product.

On February 16, 2011, Health Canada published its final amendments to the FDR in CGII to enhance labelling requirements for priority food allergens, gluten sources and added sulphites. However, until these amendments come into force on August 04, 2012, and become mandatory, Health Canada must address all identified health risks to food allergic consumers stemming from possible undeclared priority allergens, gluten sources and added sulphites; therefore, Health Canada is now urging food manufacturers and importers to declare priority food allergens, gluten sources and added sulphites on food labels without exception, either in the list of ingredients or in a statement such as "Contains".

This approach is intended to apply to such substances whenever they are added to prepackaged foods having a list of ingredients, whether they are added as ingredients, or as components of ingredients. It also focuses on multi-ingredient foods where priority food allergens, gluten sources and added sulphites are deliberately added to a food, and are considered to pose a potential risk to consumers having food allergies, intolerances or sensitivities. Furthermore, this approach is meant to be reflective of the regulatory amendments that are being published in CGII to enhance food allergen labelling; also, this is consistent with the food labelling requirements being promulgated by Canada's major trading partners.

The CFIA has developed and will maintain a guidance document to assist food manufacturers and importers in following this recommendation. [  CFIA's Questions and Answers Regarding the Labelling of Food Allergens]

Certain foods are exempt from ingredient declaration under sections B.01.008 paragraph 2 and B.01.003 (a) of the Regulations. However, it is important to note that, if a manufacturer chooses to include a list of ingredients on the label of one of these foods, then all priority allergens, gluten sources and added sulphites present in the product should be declared in accordance with this recommendation.