Final publication of the Regulations Amending Certain Regulations Concerning Food Additives and Compositional Standards, Microbiological Criteria and Methods of Analysis for Food

December 18, 2024

On December 18, 2024, the final Regulations Amending Certain Regulations Concerning Food Additives and Compositional Standards, Microbiological Criteria and Methods of Analysis for Food (the Regulations) were published in the Canada Gazette, Part II.

Co-developed by Health Canada and the Canadian Food Inspection Agency (CFIA) in response to commitments made in the Agri-food and Aquaculture Regulatory Review Roadmap, the Regulations amend the Food and Drug Regulations (FDR) to modernize the frameworks governing food compositional standards, microbiological safety criteria for food, methods of analysis for food, and food additives.

Overall, the amendments will support the implementation of science-based decision making, which in turn will help prevent harm to the health of consumers, provide people in Canada with the predictability of composition, quality and purity of foods, protect them from deception, and support better informed purchasing decisions. For the agri-food industry in particular, the amendments address long-standing irritants and barriers to market by providing more responsive and adaptable regulatory frameworks (through the use of incorporation by reference) that can better support growth, innovation and evolving consumer demands.

Overview of Amendments

A comprehensive overview of the amendments made to the FDR are provided in the Regulatory Impact Analysis Statement (RIAS) appended to the Regulations. What follows is a brief overview of the key amendments:

Food compositional standards

• The Regulations separate from the food compositional standards references to health and safety requirements, i.e., permitted food additives, vitamin and mineral fortification requirements, microbiological criteria and other microbiological safety requirements. These health and safety requirements continue to apply to standardized foods, but are managed within either distinct and separate regulatory frameworks (such as Division 16 for food additives and Division 30 for microbiological criteria) or as stand-alone regulatory prohibitions of sale in the FDR.
• The Regulations incorporate by reference the more than 300 food compositional standards previously prescribed throughout the FDR (see Canadian Food Compositional Standards).
• A summary of changes to the compositional standards is available on the CFIA's website.

Microbiological criteria for food and associated methods of analysis

• The Regulations create a consolidated regulatory framework for microbiological criteria under a new Division 30 of the FDR and incorporate by reference the criteria previously prescribed throughout the FDR (see Table of Microbiological Criteria for Food). The dated microbiological methods of analysis (MFO) are replaced by a requirement that compliance with the criteria be measured by way of either a "microbiological reference method" or an "equivalent method" as set out in two new documents incorporated by reference (see Table of Microbiological Reference Methods for Food and Canadian Requirements for Determining the Equivalency of Food Microbiological Methods of Analysis).

Chemical, physical and nutritional methods of analysis

• The Regulations incorporate by reference the chemical, physical and nutritional methods of analysis (FO) and their associated values into one of two new documents:
• FO methods (and their associated values) linked to compositional requirements that apply to standardized foods are included within the standards set out in the CFIA's Canadian Food Compositional Standards.
• FO methods (and their associated values) linked to either health and safety requirements or compositional requirements that apply to unstandardized foods are set out in the Table of Chemical, Physical and Nutritional Characteristics of Food.
• The Regulations permit the use of the Protein Digestibility Corrected Amino Acid Score (PDCAAS) method to measure the protein quality of certain foods through its addition to the Table of Chemical, Physical and Nutritional Characteristics of Food.

Food additives

• The Regulations consolidate food additive provisions into a revised Division 16 of the FDR as well as repeal redundant and outdated food additive references and tables.
• The Regulations also incorporate by reference the new Table of Food Additive Specifications as well as the revised Lists of Permitted Food Additives.
• The Regulations also prescribe new regulatory provisions for the sale and labelling of pre-mixes of food additives and other ingredients used solely in the manufacture or preparation of other foods.

Other

• The Regulations make minor consequential amendments to regulations made under the Cannabis Act, the Excise Act, 2001, the Pest Control Products Act, the Safe Food for Canadians Act, and the Feeds Act.

New documents incorporated by reference

As part of the Regulations, the following new documents are incorporated by reference into the Food and Drug Regulations.

Revisions to existing documents incorporated by reference

As part of the Regulations, revisions are made to the following existing documents that are incorporated by reference into the Food and Drug Regulations or the Safe Food for Canadians Regulations.