Vol. 144, No. 14 — July 7, 2010

Registration

SOR/2010-142 June 17, 2010

FOOD AND DRUGS ACT

Regulations Amending the Food and Drug Regulations (1558 — Food Additives)

P.C. 2010-767 June 17, 2010

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 30(1) (see footnote a) of the Food and Drugs Act (see footnote b), hereby makes the annexed Regulations Amending the Food and Drug Regulations (1558 — Food Additives).

REGULATIONS AMENDING THE FOOD AND DRUG REGULATIONS
(1558 — FOOD ADDITIVES)

AMENDMENTS

1. Paragraph B.01.045(d) of the Food and Drug Regulations (see footnote 1) is repealed.

2. The portion of item 5 of the table following section B.01.603 of the Regulations in column 2 before paragraph (a) is replaced by the following:

Item	Column 2 Conditions — Food
5.	The food is a chewing gum, hard candy or breath freshener product that

3. Subparagraph B.07.025(a)(i) of the French version of the Regulations is replaced by the following:

(i) a été enlevée une majeure partie de la balle, et

4. The portion of section B.07.036 of the French version of the Regulations before paragraph (a) is replaced by the following:

B.07.036. [N]. La graine de sésame doit être la graine à balles desséchées du Sesamum indicum L. et doit renfermer

5. Subparagraph B.08.036(1)(b)(iii) of the Regulations is replaced by the following:

(iii) acetic acid, calcium carbonate, citric acid, lactic acid, malic acid, phosphoric acid, potassium bicarbonate, potassium carbonate, sodium bicarbonate, sodium carbonate, sodium hydroxide and tartaric acid as pH adjusting agents in an amount consistent with good manufacturing practice.

6. The French version of subparagraph B.08.061(b)(vi) of the Regulations is replaced by the following:

(vi) de la cellulose microcristalline ou un agent stabilisant, ou les deux, en quantité telle que la crème glacée, faite du mélange, n’en contiendra pas plus de 0,5 pour cent,

7. (1) Paragraph B.08.075(b) of the Regulations is amended by deleting the word “and” at the end of subparagraph (ii) and by adding the following after subparagraph (iii):

(iv) in the case of cream for whipping, microcrystalline cellulose in an amount not exceeding 0.2 per cent.

(2) Subparagraph B.08.075(b)(iii) of the Regulations is amended by adding the word “and” at the end of clause (C) and by repealing clause (E).

8. Subparagraph B.10.005(c)(iv) of the Regulations is replaced by the following:

(iv) brominated vegetable oil, sucrose acetate isobutyrate or mixtures thereof, when such flavour is used in beverages containing citrus or spruce oils.

9. The portion of subitem G.2(1) of Table IV to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
G.2	(1) Frostings; Unstandardized confectionery

10. The portion of subitem P.1B(2) of Table IV to section B.16.100 of the French version of the Regulations in column II is replaced by the following:

Article	Colonne II Permis dans ou sur
P.1B	(2) Enrobages de confiserie non normalisés à saveur de chocolat

11. The portion of subitem P.2(10) of Table IV to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
P.2	(10) Breath freshener products

12. (1) The portion of subitem P.3(4) of Table IV to section B.16.100 of the French version of the Regulations in column II is replaced by the following:

Article	Colonne II Permis dans ou sur
P.3	(4) Enrobages de confiserie non normalisés et produits de confiserie moulés non normalisés utilisés comme confiserie ou pour la cuisson

(2) The portion of subitem P.3(11) of Table IV to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
P.3	(11) Unstandardized sandwich spreads; Unstandardized dips

13. (1) The portion of subitem P.4(5) of Table IV to section B.16.100 of the French version of the Regulations in column II is replaced by the following:

Article	Colonne II Permis dans ou sur
P.4	(5) Enrobages de confiserie non normalisés

(2) The portion of subitem P.4(8) of Table IV to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
P.4	(8) Breath freshener products

14. The portion of subitem S.18(3) of Table IV to section B.16.100 of the French version of the Regulations in column II is replaced by the following:

Article	Colonne II Permis dans ou sur
S.18	(3) Enrobages de confiserie non normalisés et produits de confiserie moulés non normalisés utilisés comme confiserie ou pour la cuisson

15. The portion of subitem S.18B(2) of Table IV to section B.16.100 of the French version of the Regulations in column II is replaced by the following:

Article	Colonne II Permis dans ou sur
S.18B	(2) Enrobages de confiserie non normalisés et produits de confiserie moulés non normalisés utilisés comme confiserie ou pour la cuisson

16. The portion of item S.20 of Table IV to section B.16.100 of the Regulations in columns II and III is replaced by the following:

Item No.	Column II Permitted in or Upon	Column III Maximum Level of Use
S.20	(1) Carotenoid colour preparations	(1) 1.5%
	(2) Unstandardized confectionery; Unstandardized confectionery coatings	(2) 0.5%

17. The portion of subitem I.1(1) of Table V to section B.16.100 of the Regulations in column III is replaced by the following:

Item No.	Column III Permitted in or Upon
I.1	(1) Unstandardized soft-centred and liquid-centred confectionery

18. The portion of subitem A.1(1) of Table VII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
A.1	(1) Unstandardized confectionery

19. The portion of item B.1 of Table VII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
B.1	Unstandardized confectionery

20. The portion of item C.1 of Table VII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
C.1	Unstandardized confectionery

21. The portion of item C.2 of Table VII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
C.2	Unstandardized confectionery

22. The portion of item G.1 of Table VII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
G.1	Unstandardized confectionery

23. The portion of item G.2 of Table VII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
G.2	Unstandardized confectionery

24. The portion of item M.1 of Table VII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
M.1	Unstandardized confectionery

25. The portion of item M.2 of Table VII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
M.2	Unstandardized confectionery

26. The portion of item P.1 of Table VII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
P.1	Unstandardized confectionery

27. The portion of item S.1 of Table VII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
S.1	Cake decorations; Unstandardized confectionery

28. The portion of item S.2 of Table VII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
S.2	Unstandardized confectionery

29. The portion of item Z.1 of Table VII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
Z.1	Unstandardized confectionery

30. The portion of item B.2 of Table VIII to section B.16.100 of the French version of the Regulations in column III is replaced by the following:

Article	Colonne III But de l’emploi
B.2	Agent anticollant

31. (1) The portion of item B.3 of Table VIII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
B.3	(Naming the flavour) Flavour for use in beverages containing citrus or spruce oils

(2) The portion of item B.3 of Table VIII to section B.16.100 of the Regulations in column IV is replaced by the following:

Item No.	Column IV Maximum Level of Use
B.3	15 p.p.m. in beverages containing citrus or spruce oils as consumed

32. The portion of subitem C.3(3) of Table VIII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
C.3	(3) Unstandardized confectionery

33. The portion of item C.8 of Table VIII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
C.8	Unstandardized confectionery

34. The portion of item C.12 of Table VIII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
C.12	Unstandardized confectionery

35. Item C.13 of Table VIII to section B.16.100 of the Regulations is repealed.

36. The portion of subitem C.13.1(3) of Table VIII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
C.13.1	(3) Unstandardized confectionery that meet the conditions set out in column 2 of item 3 of the table following section B.01.513 for the subject “Reduced in energy” set out in column 1

37. The portion of item C.16 of Table VIII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
C.16	Breath freshener products

38. The portion of item G.4 of Table VIII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
G.4	Beverages containing citrus or spruce oils

39. Item H.1 of Table VIII to section B.16.100 of the Regulations is amended by adding the following in columns II to IV after subitem (2):

Item No.	Column II Permitted in or Upon	Column III Purpose of Use	Column IV Maximum Level of Use
H.1	(3) Oat hulls used in the manufacture of oat hull fibre	(3) Bleaching agent	(3) Good Manufacturing Practice

40. The portion of item L.4 of Table VIII to section B.16.100 of the French version of the Regulations in column II is replaced by the following:

Article	Colonne II Permis dans ou sur
L.4	Édulcorant de table sous forme de comprimé contenant de l’aspartame

41. The portion of subitem M.2(3) of Table VIII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
M.2	(3) Unstandardized confectionery

42. The portion of subitem M.3(1) of Table VIII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
M.3	(1) Unstandardized confectionery

43. (1) The portion of subitem M.4(1) of Table VIII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
M.4	(1) Unstandardized confectionery

(2) The portion of subitem M.4(1) of Table VIII to section B.16.100 of the French version of the Regulations in column III is replaced by the following:

Article	Colonne III But de l’emploi
M.4	(1) Agent de démoulage

44. Item M.6 of Table VIII to section B.16.100 of the Regulations is replaced by the following:

Item No.	Column I Additive	Column II Permitted in or Upon	Column III Purpose of Use	Column IV Maximum Level of Use
M.6	Microcrystalline Cellulose	(1) Ice milk mix	(1) Bodying and texturizing agent	(1) 1.5%
		(2) Sherbet	(2) Bodying and texturizing agent	(2) 0.5%
		(3) Unstandardized foods that meet the conditions set out in column 2 of item 3 of the table following section B.01.513 for the subject “Reduced in energy” set out in column 1	(3) Filler	(3) Good Manufacturing Practice
		(4) Whipped vegetable oil topping	(4) Bodying and texturizing agent	(4) 1.5%
		(5) Unstandardized frozen desserts	(5) Bodying and texturizing agent	(5) 0.5%
		(6) Unstandardized sandwich spreads; Unstandardized dips	(6) Bodying and texturizing agent	(6) 3.0%
		(7) Unstandardized foods other than those unstandardized foods referred to in this item	(7) Bodying and texturizing agent	(7) 2.0%
		(8) Ice cream mix	(8) Bodying and texturizing agent	(8) 0.5% or, if used in combination with stabilizing agents, the combined amount shall not exceed 0.5% of the ice cream made from the mix
		(9) Table-top sweetener tablets containing aspartame	(9) Tablet disintegration	(9) 2.2%
		(10) Cream for whipping	(10) Stabilizing and thickening agent	(10) 0.2%
		(11) Breath freshener products	(11) Bodying and texturizing agent	(11) 9.0%

45. The portion of subitem M.7(1) of Table VIII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
M.7	(1) Bakery products; Seeded raisins; Unstandardized confectionery

46. The portion of item P.2B of Table VIII to section B.16.100 of the French version of the Regulations in column III is replaced by the following:

Article	Colonne III But de l’emploi
P.2B	Agent texturant et épaississant

47. (1) The portion of subitem P.3(2) of Table VIII to section B.16.100 of the French version of the Regulations in column II is replaced by the following:

Article	Colonne II Permis dans ou sur
P.3	(2) Édulcorant de table sous forme de comprimé contenant de l’aspartame

(2) The portion of subitem P.3(3) of Table VIII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
P.3	(3) Colour lake dispersions for use in unstandardized confectionery in tablet form

(3) The portion of subitem P.3(3) of Table VIII to section B.16.100 of the French version of the Regulations in column III is replaced by the following:

Article	Colonne III But de l’emploi
P.3	(3) Agent réducteur de la viscosité et stabilisant dans les dispersions de pigment laqué de colorant

48. The portion of subitem S.3(1) of Table VIII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
S.3	(1) Unstandardized confectionery

49. The portion of item S.6.2 of Table VIII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
S.6.2	Breath freshener products

50. The portion of subitem S.14(1) of Table VIII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
S.14	(1) Unstandardized confectionery

51. (1) The portion of item S.16 of Table VIII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
S.16	(Naming the flavour) Flavour for use in beverages containing citrus or spruce oils

(2) The portion of item S.16 of Table VIII to section B.16.100 of the Regulations in column IV is replaced by the following:

Item No.	Column IV Maximum Level of Use
S.16	300 p.p.m. in beverages containing citrus or spruce oils as consumed

52. The portion of subitem A.01(8) of Table IX to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or on
A.01	(8) Unstandardized confectionery

53. The portion of subitem A.1(10) of Table IX to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or on
A.1	(10) Unstandardized confectionery; Unstandardized confectionery coatings

54. The portion of subitem N.1(10) of Table IX to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or on
N.1	(10) Unstandardized confectionery; Unstandardized confectionery coatings

55. The portion of subitem S.2(8) of Table IX to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or on
S.2	(8) Confectionery glazes for snack foods; Sweetened seasonings or coating mixes for snack foods; Unstandardized confectionery; Unstandardized confectionery coatings

56. Item S.15 of Table X to section B.16.100 of the Regulations is amended by adding the following in columns II and III after subitem (5):

Item No.	Column II Permitted in or Upon	Column III Maximum Level of Use
S.15	(6) (Naming the variety) Whey cheese; Whey cheese	(6) Good Manufacturing Practice

57. The portion of subitem C.2(3) of Table XII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
C.2	(3) Potato salad; Unstandardized sandwich spreads

58. The portion of subitem D.1(2) of Table XII to section B.16.100 of the Regulations in column II is replaced by the following:

Item No.	Column II Permitted in or Upon
D.1	(2) Unstandardized sandwich spreads

59. The French version of the Regulations is amended by replacing “agent anticollant” and “agent anti-collant” with “agent de démoulage” in the following provisions:

(a) section B.14.006;

(b) the portion of item A.1 of Table VIII to section B.16.100 in column III;

(c) the portion of item C.8 of Table VIII to section B.16.100 in column III;

(d) the portion of item C.12 of Table VIII to section B.16.100 in column III;

(e) the portion of subitem D.1(3) of Table VIII to section B.16.100 in column III;

(f) the portion of item L.3 of Table VIII to section B.16.100 in column III;

(g) the portion of subitem M.2(3) of Table VIII to section B.16.100 in column III;

(h) the portion of subitem M.3(1) of Table VIII to section B.16.100 in column III;

(i) the portion of subitem M.7(1) of Table VIII to section B.16.100 in columns III and IV;

(j) the portion of subitem M.9(2) of Table VIII to section B.16.100 in column III;

(k) the portion of item M.10 of Table VIII to section B.16.100 in column III;

(l) the portion of subitem P.2(1) of Table VIII to section B.16.100 in columns III and IV;

(m) the portion of subitems S.14(1) and (3) of Table VIII to section B.16.100 in column III;

(n) section B.21.009; and

(o) section B.22.010.

COMING INTO FORCE

60. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Food and Drug Regulations (the Regulations) regulate the sale and use of food additives in Canada, listing the permitted food additives and how they may be used. Health Canada has received submissions from industry requesting that the Regulations be amended to enable the use of the following food additives:

• Glycerol ester of wood rosin as a density adjusting agent in beverages containing citrus oils or spruce oils at a maximum level of use of 100 parts per million (p.p.m.);
• Hydrogen peroxide as a bleaching agent in oat hulls used in the manufacture of oat hull fibre at a maximum level of use consistent with good manufacturing practice;
• Microcrystalline cellulose as a stabilizing and thickening agent at a maximum level of use of 0.2% in cream for whipping;
• Microcrystalline cellulose as a bodying and texturizing agent in breath freshener products at a maximum level of use of 9.0%;
• Sodium hydroxide as a pH adjusting agent in whey cheese and (naming the variety) whey cheese at a maximum level of use consistent with good manufacturing practice; and
• Sucrose esters of fatty acids as a stabilizing agent and an emulsifier in unstandardized confectionery and unstandardized confectionery coatings at a maximum level of use of 0.5%.

The evaluation of the available data supports the safety and efficacy of these food additives in the above specified uses. Therefore, the Regulations are amended to permit the use of the above noted food additives as described.

These amendments benefit the consumers by allowing greater availability of food products, while continuing to help protect their health and safety. In addition, these amendments benefit industry by facilitating the manufacture of food products.

Description and rationale

These amendments enable the use of the food additives as described above.

There is no anticipated increase in cost to government from the administration of these amendments to the Regulations. The use of food additives is optional; therefore, a manufacturer choosing to use a food additive in its products voluntarily assumes the costs associated with its use and compliance with the Regulations.

The only regulatory options available to permit the use of these food additives are for the Minister of Health to recommend or not to the Governor in Council that the Regulations be amended to permit the uses described above for these food additives. Based on its safety and efficacy assessment, the Minister is recommending to enable these uses.

Interim Marketing Authorizations (IMAs) were issued to permit the immediate use of these food additives as proposed in the submissions while the regulatory process was undertaken to amend the Regulations. They were published in the Government Notices section of the Canada Gazette, Part I, on

• February 3, 2001, for glycerol ester of wood rosin in beverages containing citrus or spruce oils;
• November 3, 2001, for hydrogen peroxide in the production of oat hull fibre;
• February 1, 2003, for sodium hydroxide in whey cheese (Ricotta cheese);
• March 15, 2003, for microcrystalline cellulose in whipping cream that has been heat-treated below 100°C;
• February 14, 2004, for sucrose esters of fatty acids in unstandardized confectionery products; and
• July 17, 2004, for microcrystalline cellulose in breath freshening strips.

No safety concerns have been noted from the sale of food products containing these food additives since the issuance of these IMAs. Furthermore, the food additives described in these amendments all have a history of safe use in Canada.

When the Regulations were amended to permit the use of sucrose esters of fatty acids, paragraph B.01.045(d) was added to require that this food additive adheres to the specifications established by the Joint FAO/WHO Expert Committee on Food Additives, as set out in the Specifications for identity and purity of certain food additives — FAO Food and Nutrition 49, published in 1990 by the Food and Agriculture Organization of the United Nations, Rome, as there were no Food Chemicals Codex (FCC) specifications for this food additive at the time. The FCC has since published specifications for sucrose esters of fatty acids, and as the use of sucrose esters of fatty acids in this amendment satisfactorily meets the FCC specifications, therefore, paragraph B.01.045(d) is repealed.

The use of microcrystalline cellulose is currently permitted for use in cream for whipping that has been heat-treated above 100°C. The Regulations are amended to permit the use of microcrystalline cellulose in cream for whipping, irrespective of the heat-treatment applied. The duplicate listing for microcrystalline cellulose in Table VIII to section B.16.100 is repealed. Other amendments are also made to the French version of the Regulations to clarify the terminology used to describe the purpose of use of this food additive as a bodying and texturizing agent by replacing the expression “agent épaississant” with the expression “agent texturant et épaississant”. The amendments also clarify the terminology used in the French version of the Regulations to describe table-top sweetener tablets containing aspartame in Table VIII by using the expression “édulcorant de table sous forme de comprimé contenant de l’aspartame”.

Provision exists in the Regulations for the use of glycerol ester of wood rosin as a density adjusting agent in citrus or spruce flavoured beverages at a maximum level of use of 100 p.p.m. The Regulations are amended to expand the use of glycerol ester of wood rosin to beverages containing citrus or spruce oils at a maximum level of use of 100 p.p.m. In this way, a greater variety of flavoured beverages may be prepared using glycerol ester of wood rosin.

Provision also exists in the Regulations for the use of brominated vegetable oil and sucrose acetate isobutyrate as density adjusting agents in flavours for use in citrus or spruce flavoured beverages. The current listings for these two food additives are amended to harmonize the listings for glycerol esters of wood rosin, brominated vegetable oil and sucrose acetate isobutyrate.

Similarly, the standard for “(naming the flavour) Flavour” in section B.10.005 of the Regulations is amended to clarify that brominated vegetable oil and sucrose acetate isobutyrate may be added to flavours used in beverages containing citrus and spruce oils. This amendment to the standard permits the use of these two food additives in a greater variety of flavoured beverages.

The amendments also add clarity and consistency to the expressions used to describe some foods in the Regulations.

Amendments to the terminology for confectionery and confectionery products and to sandwich spreads and dips add consistency to the expressions used to describe these foods in the Tables to section B.16.100 of the Regulations, and clarify that these foods are not subject to compositional standards in the Regulations.

In the English version of the Regulations, the term “confectionery” is replaced by “unstandardized confectionery”; the expression “soft-centred and liquid-centred confections” is replaced by the expression “unstandardized soft-centred and liquid-centred confectionery”; the expression “confectionery (Calorie reduced)” is replaced by the expression “unstandardized confectionery that meet the conditions set out in column 2 of item 3 of the table following section B.01.513 for the subject ‘Reduced in energy’ set out in column 1”; and the expressions “confections and their coatings (except for any of these products for which standards are set out in these Regulations)” and “unstandardized confections and their coatings” are replaced by the expressions “unstandardized confectionery” and “unstandardized confectionery coatings”. The expression “unstandardized sandwich spreads and dips” is replaced by the expression “unstandardized sandwich spreads; unstandardized dips”; and the expression “sandwich spread” is replaced by the expression “unstandardized sandwich spreads”.

In the French version of the Regulations, the terms “confiserie” and “confiseries” and the expression “produits de confiserie” are replaced by the expression “confiseries non normalisées”; the expression “bonbons et autres produits de confiserie avec centre mou ou liquide” is replaced by the expression “confiseries non normalisées avec centre mou ou liquide”; the expression “produits de confiserie à teneur réduite en calories (plus pauvre en Calories)” is replaced by the expression “confiseries non normalisées qui répondent aux critères mentionnés à la colonne 2 de l’article 3 du tableau suivant l’article B.01.513 en regard du sujet ‛énergie réduite’ visé à la colonne 1”; and the expressions “confiseries et leurs enrobages (sauf pour l’un de ces produits visés par une norme dans le présent règlement)”, “couvertures à bonbons non normalisés” and “confiseries non normalisées et leurs enrobages” are replaced by the expressions “confiseries non normalisées” and “enrobages de confiserie non normalisés”. The expression “garnitures à sandwich et trempettes non normalisées” is replaced by the expression “tartinades à sandwich non normalisées; trempettes non normalisées”, and the expression “garnitures à sandwichs” is replaced by the expression “tartinades à sandwich non normalisées”.

Amendments to the terminology for breath freshener products add consistency to the expressions used to describe these foods in the Tables to section B.16.100 of the Regulations and clarify the formats of breath freshener products to which food additives are permitted. In the English version of the Regulations, the expression “breath freshener products in candy, tablet or gum form” is replaced by the expression “breath freshener products”. In the French version of the Regulations, the expression “produits purifiant l’haleine, sous forme de bonbons, de comprimés et de gomme à mâcher” is replaced by the expression “rafraîchisseurs d’haleine”.

Amendments to the terminology for calorie reduced and carbohydrate reduced foods clarify that these food products have to meet the conditions set out in the Table following section B.01.513 of the Regulations for a food to carry the nutrient content claim “Reduced in energy”. In the English version of the Regulations, the expression “carbohydrate or calorie reduced dietetic foods” is replaced by the expression “foods that meet the conditions set out in column 2 of item 3 of the table following section B.01.513 for the subject ‛Reduced in energy’ set out in column 1”. In the French version of the Regulations, the expression “aliments diététiques dont la teneur en calories ou en glucides est réduite” is replaced by the expression “aliments qui répondent aux critères mentionnés à la colonne 2 de l’article 3 du tableau suivant l’article B.01.513 en regard du sujet ‛énergie réduite’ visé à la colonne 1”.

Amendments in the French version of the Regulations to the terminology for colour lake dispersions and release agent add consistency to the terminology used to describe these expressions in Table VIII to section B.16.100 of the Regulations. The expression “dispersions de laque dans les confiseries en pastille” is replaced by the expression “dispersions de pigment laqué de colorant pour utilisation dans les confiseries non normalisées sous forme de comprimé”. The expressions “agent anticollant” et “agent anti-collant” are replaced by the expression “agent de démoulage” when the food additives are used as release agents. In the case where the food additive is used as an antisticking agent, the term “anticollant” is replaced by “agent anticollant”. Also, the term “bale” is replaced by the term “balle” which is the correct botanical terminology in relation to sesame seed.

Consultation

Consultations were undertaken for the amendments to permit sodium hydroxide in whey cheese and to permit microcrystalline cellulose in cream for whipping because there are compositional standards which apply to both these foods in Division 8 of the Regulations. With regard to the use of sodium hydroxide, the Canadian Food Inspection Agency (CFIA), the International Cheese Council of Canada and the Dairy Farmers of Canada were consulted and expressed their support for this amendment. In the case of the use of microcrystalline cellulose in cream for whipping, no objections to the amendment were received from provincial Health and Agriculture Departments, the Canadian Dairy Commission, the Dairy Farmers of Canada and the CFIA. In addition, no comments were received after the publication of the IMAs in the Canada Gazette, Part I.

Implementation, enforcement and service standards

The CFIA is responsible for the enforcement of the Food and Drugs Act and the Regulations with respect to foods. The CFIA uses a science-based risk management approach to set its food safety priorities. Using this approach as its foundation, the CFIA plans its inspection and testing programs for foods, taking into account the degree of risk associated with a particular sector and concentrates its resources where risk is the greatest. Each CFIA commodity inspection program performs ingredient verifications at which time inspectors compare formulation, list of ingredients and perform on-site verification of the manufacture of the product. The frequency of inspection depends on the history of compliance of a particular product, the history of compliance of the manufacturer and the food safety risk.

Contact

Barbara Lee
Director
Bureau of Chemical Safety
Health Canada
251 Sir Frederick Banting Driveway
Tunney’s Pasture
Address Locator: 2203B
Ottawa, Ontario
KIA 0K9
Telephone: 613-957-0973
Fax: 613-954-4674
Email: sche-ann@hc-sc.gc.ca

Footnote a
S.C. 2005, c. 42, s. 2

Footnote b
R.S., c. F-27

Footnote 1
C.R.C., c. 870

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