Canadian Food Inspection Agency
Food Safety Directorate
Bureau of Food Safety and Consumer Protection
Fair Labelling Practices Program

Post December 12, 2005 Compliance Approach - Nutrition Facts Table

December 8, 2005

To Responsible Parties:

As you are likely aware, responsible parties have until December 12, 2005 to comply with the Food and Drug Regulations requirements for nutrition labelling, nutrient content claims and diet-related health claims. Under the Food and Drugs Act, foods must be compliant with the nutrition labelling requirements at time of sale and upon distribution from the manufacturing plant or warehouse. The December 12, 2005 deadline applies to all manufacturers that had revenue from food sales in Canada of more than $1 million, the year prior to December 12, 2002. The Canadian Food Inspection Agency (CFIA) will accept a notarized statement from a lawyer or an accountant identifying that the conditions for revenue sales are met. Small manufacturers have until December 12, 2007.

Further to the information letter provided to responsible parties on July 19, 2004, the following provides an elaboration of CFIA’s compliance approach post the December 12, 2005 deadline. The CFIA will:

• continue to educate stakeholders with respect to the new regulations; and
• focus compliance activity on products with post Decmber 12, 2005 production dates where the Nutrition Facts table is absent. (This policy does not apply to violations related to nutrient content claims or diet-related health claims when a Nutrition Facts Table is used.)

Manufactured or Imported Products

Products imported or manufactured prior to December 12, 2005 without a Nutrition Facts table will not be initially targeted as part of the CFIA’s regular inspection activities. Exceptions may include situations where the application of mandatory nutrition labelling has been intentionally delayed (e.g. stockpiling of product labelled as required by the former regulations). If a regulated party is not able to provide information as to the production date (such as production code) or date of import (such as Customs documentation), the CFIA may consider the date of distribution from the warehouse or manufacturing plant.

Retail

Compliance will focus on retailer packaged foods and products repackaged from bulk at the retail establishment for which the supplier’s production date was post December 12, 2005.

Production Dates

This compliance approach will be applied for one year from the end of the transition period, i.e. until December 12, 2006 (December 12, 2008 for small business). The CFIA expects that this one year timeframe will allow regulated parties sufficient opportunity to apply the Nutrition Facts table to all products at time of sale, including distribution from the manufacturing plant or warehouse.

This does not preclude the CFIA from taking action with respect to any incidences of health, safety or deceptive labelling violations.

The CFIA reminds all regulatory parties that this compliance policy only applies to the regulations related to the Nutrition Facts Table and that they remain responsible for complying with all other federal legislation.

Sincerely,