The CFIA takes labelling issues seriously and has amped up its efforts to address the growing concern over inaccurate and misleading Canadian product claims. Not only is the agency issuing financial penalties to businesses for inaccurate or misleading claims, it is including the scrutiny of these in its ongoing inspection blitz, potentially leading to more enforcement actions.
Although the use of Product of Canada and Made in Canada claims is voluntary, if a company chooses to make one of these claims, the product to which it is applied must meet the applicable regulatory guidelines. Additionally, the guidelines apply not only to product label claims, but also those on bulk produce, wholesale foods for further processing, retail shelves, restaurants, advertisements, websites, etc.
So, to assist the industry in the proper use of Canadian claims, we have summarized the requirements for these and other Canadian labelling. (For complete details, visit CFIA’s Origin claims on food labels webpage.)
Product of Canada or Canadian
This claim can be used when all or virtually all major ingredients, processing, and labour used to make the food product are Canadian. This means that all the significant ingredients in a food product are Canadian in origin and that non-Canadian material is negligible.
- Labelling a product as Canadian holds the same meaning as Made in Canada, so all the same qualifications must be met
- If used to describe a single component or ingredient (e.g., Canadian Cheddar Cheese on a package of cheese sauce or Contains Canadian blueberries on a blueberry pie), all of that component or ingredient must meet the Product of Canada requirements.
- Ingredients not generally produced/grown in Canada (e.g., spices, food additives, vitamins, minerals, oranges, cane sugar, coffee) are exempted if the total of all is less than 2% of the product
- The guidelines also do not apply to packaging materials or agricultural inputs (e.g. fertilizer, animal feed, medications).
Made in Canada [with qualifying statement]
This claim can be used on a food product when the last substantial transformation of the product occurred in Canada, even if some ingredients are from other countries.
- Substantial transformation is when a product undergoes processing which changes its nature and becomes a new product with a new name commonly understood by the consumer.
- Any similar claim that includes the words Made in Canada (e.g., Proudly Made in Canada) must follow the guidelines
- The claim must include a qualifying statement to indicate that the food product is made in Canada from imported ingredients or a combination of imported and domestic ingredients:
- Made in Canada from imported ingredients is required when a food is made with ingredients that are all sourced from outside of Canada.
- Made in Canada from domestic and imported ingredients may be used on a product that contains a mixture of imported and domestic ingredients, regardless of the level of Canadian content in the product.
- Made in Canada from domestic and/or imported ingredients is not allowed, as it does not provide meaningful consumer information
100% Canadian
The food or ingredient to which the claim applies must be entirely Canadian, rather than all or virtually all Canadian.
- All of the ingredients, processing, and labour used to make that product must be Canadian.
- Made with 100% Canadian [ingredient] all of the ingredient, and its derivatives, used in that product must be Canadian.
Multiple country of origin claims
Products cannot bear a multiple country of origin statement that references Canada (e.g., Product of Canada and United States).
- Products that contain foreign ingredients, regardless of their source, are not eligible to bear a Product of Canada claim.
- However, products can:
- Bear a qualified Made in Canada claim if the last substantial transformation of the product occurred in Canada.
- Bear a blended claim, (e.g., A blend of Canadian [product] and [country] [product]).
- Additional requirements for claiming meat and poultry, fish and seafood, and dairy and eggs as Product of Canada, see Commodity Specific Information.
Canadian symbols
Manufacturers and retailers must also be careful about using Canadian symbols:
- The Coat of Arms of Canada, National Flag of Canada, and stylized 11-point maple leaf (as used on the flag) are considered Official Government Symbols and their commercial use is prohibited unless specific permission is granted.
- Other forms of the maple leaf can be used, but because these could imply a Product of Canada claim, it should follow that claim’s criteria, and an accompanying domestic content statement (e.g., Product of Canada, Made in Canada, or other content claim) should be placed in close proximity to clarify the meaning.
Today’s continuing “Buy Canada” environment is attracting consumers to Canadian-labelled products, which is, in turn, causing CFIA to take a closer look at all products making Canadian origin claims on their labels. And with CFIA amping up its investigations and focus on all non-compliances, it is critical that producers and retailers understand and follow all legislative requirements for the claims on your products. Using any claims that are not verified and verifiable can put you in CFIA’s sights and lead to enforcement action – of which the media takes notice. There have been some recent high-profile prosecutions by CFIA that have had extensive media coverage. This can adversely affect brand reputation in the Canadian marketplace, especially for large retailers who have been identified as undertaking fraudulent practices.
TAG Canada has CFIA experts who can work with you to ensure you are in compliance with labelling requirements – and all other food safety regulations to ensure you are prepared for an inspection. Give us a call!
