Last month we informed readers that Health Canada had proposed regulation to amend the definition of food additive which would recategorize essential oils, oleoresins, and natural extractives as food additives. Because the industry has continued to have questions on the regulation and what would constitute each as a food additive or flavouring, the Food Committee of IE Canada met with Health Canada for some further clarification. Following are notes from that discussion and TAG’s take on the topic.
Determining whether a substance is an additive or flavouring is based on the primary purpose of its addition to the food. As defined by Health Canada, “A food additive is any chemical substance that is added to food during preparation or storage and either becomes a part of the food or affects its characteristics for the purpose of achieving a particular technical effect.” A flavouring, on the other hand, is a substance added to a food for the primary purpose of flavouring.
The distinction is important because additive use requires approval from Health Canada through a pre-market review process. To attain this approval, a manufacturer needs to submit a request that includes information on an assessment of potential dietary exposure for the general population; its chemical, toxicological, allergenic, nutritional, molecular biological, and microbiological safety; additional considerations; and proposed food additive label.
Flavourings, however, are not considered food additives, so this pre-market approval is not needed. Additional exceptions are food ingredients such as salt, sugar, starch; vitamins, minerals, amino acids; spices, seasonings; agricultural chemicals; veterinary drugs; and food packaging materials.
In a September 25 correspondence, Health Canada’s Director Robin Churchill provided the following example. If a natural extractive is added to a food for the primary purpose of flavouring, it would be considered a flavouring, even if it has a secondary preservative effect. However, if it was extracted by a method that is selective for its preservative substances, the resulting extract may be considered a food additive, thus would require pre-market approval.
Additives are also considered to be any substance used in a food to maintain its nutritive quality, enhance its keeping quality, make it attractive, or aid in its processing, packaging or storage; as well as any substance for which the use results, or may reasonably be expected to result, in it or its by-products becoming a part of or affecting the characteristics of a food.
Making it even more critical that manufacturers understand food additives and stay current on related Health Canada regulations is the agency’s recent removal of brominated vegetable oil (BVO) from its list of permitted food additives. With its updated safety assessment not supporting BVO as a permitted food additive, and having received no new safety information during the comment period, Health Canada removed BVO as a permitted additive.
Additives and chemicals are hot issues in today’s media and social media, and it is causing governments around the world to take a more critical look at what is being put in our foods and what shouldn’t be allowed any longer. For those who import or export products, the challenge is further exacerbated by the varying regulations of different countries.
It can be difficult to stay current on all the varying updates and regulations, so TAG Canada is here to help! To get regular updates, subscribe to this newsletter and check out our regularly updated Canada Regulatory Updates webpage. For assistance on ensuring your products are safe and in compliance with all regulations, contact us at 800.401.2239 or https://canada.achesongroup.com/contact-us/.
