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Food > Labelling > Guide to Food Labelling and Advertising > Chapter 9 Chapter 9: Sections 9.1-9.6 | Sections 9.7-9.11 9.7 Mineral Water, Spring Water and Bottled Water [Division 12, FDR]Potable water obtained from an underground source other than a public community water supply and represented as "mineral water" or "spring water", must meet the requirements for "mineral water" or "spring water" specified in Division 12, FDR. However, the water need not meet the requirements for mineral or spring water if it is described and represented as "bottled water", "table water" or by any other acceptable term. 9.7.1 Natural Mineral WaterMineral water which does not have its composition modified through the use of chemicals may be described as "natural mineral water". A mineral water containing carbon dioxide which originated underground may, upon emergence from the source, have carbon dioxide added to it, provided that:
The above mineral and spring water may be described as "natural", "naturally carbonated" or "sparkling". When carbon dioxide (other than that originating from decarbonation of the water upon emergence of the water from the underground source) is added to the water, the word "carbonated" must appear first as part of the English common name [B.12.003]. The same is true if the carbon dioxide obtained from the decarbonation of the water at emergence is present in the bottled product in a quantity greater than was originally present in the underground water. 9.7.2 Indicating the Source of Mineral WaterAn "underground source", for the purposes of the Food and Drug Regulations, means the deeper waters of a water-bearing formation in the zone of saturated earth below the upper part of the ground-water zone. A statement of the geographic location of the source of the mineral or spring water is required on the label [B.12.002(a)]. Geographic location means the name of the closest commonly recognized locality near or in which the source is located. Vignettes should not be used to misrepresent the geographic location. For example, it is misleading to depict a mountain scene on the label of a product whose source is located on the prairies. The common name of a manufactured product made by adding mineral salts to water should be chosen carefully to fully distinguish it from the standardized product. An appropriate name would be "water flavoured with mineral salts" or "mineralized water". Such a product must not be described as mineral water or spring water and the label of such products must carry a complete list of ingredients. No therapeutic or prophylactic claims may be made for mineral water or mineralized water. Products represented as containing mineral nutrients for use in human nutrition must meet the requirements of Part D of the Food and Drug Regulations. However, no objection is taken to a quantitative declaration of the ion content of the water in parts per million (ppm) outside the Nutrition Facts table. Nutrient content claims such as sodium-free are permitted provided that the product meets the compositional and labelling requirements set out in Chapter 7 of this Guide. Those products containing significant amounts of the core mineral nutrients need to carry a simplified format of the Nutrition Facts table. 9.8 Grain and Bakery Products [Division 13, FDR]9.8.1 Flour and BreadFlour, white flour, enriched flour and enriched white flour are the acceptable options for the common name of the same food. This food must contain added thiamine, riboflavin, niacin, folic acid and iron at the levels prescribed by regulation [B.13.001]. In addition, vitamin B6, d-pantothenic acid, magnesium and calcium may also be added to prescribed levels [B.13.001]. When any of these nutrients are added to flour, a claim may be made to that effect in advertising and on the label [D.01.004]. Added nutrients must be declared in the Nutrition Facts table. Vitamins and minerals are added to flour to restore some of the nutrients lost during processing. The resulting levels of vitamin and mineral nutrients are sufficient to permit claims for these nutrients on bread made with enriched flour [D.01.006, D.02.004]. For information on nutrient content claims, refer to chapter 7 of this Guide. White bread and enriched bread are both made from enriched flour. The addition of vitamin and mineral nutrients directly to bread is not permitted by D.03.003. Therefore the minimum nutrient levels prescribed for enriched bread are obtained via its ingredients. Enriched Bread is required to contain per 100 parts (by mass) of flour, either two parts (by mass) of skim milk solids, or four parts (by mass) of whey powder, or sufficient protein from peas or soybeans to provide 0.5 parts (by mass) of protein per 100 parts of flour. This addition will be sufficient to provide the prescribed amount of thiamine, riboflavin, niacin, folic acid and iron. Enriched bread will also contain vitamin B6, d-pantothenic acid, magnesium and calcium when these are added to the flour. The label or advertisement for enriched bread may include claims regarding the vitamin and mineral nutrients added via the flour, providing the requirements of D.01.004, D.01.007, D.02.002 and D.02.005 of the Food and Drug Regulations are met. When enriched flour is used as an ingredient in any food, the vitamin and mineral nutrient components are not required to be declared in the list of ingredients [B.01.009]. However, if they are declared in the list of ingredients, they are still exempt from declaration in the Nutrition Facts table [B.01.402(7)], except if they are the subject of a claim [B.01.402(4)]. In other words, these nutrients maintain their exemption from declaration in the Nutrition Facts table even when voluntarily declared within the list of ingredients. However, this exemption is lost should these nutrients become the subject of a claim. 9.8.2 Specialty BreadsA separate standard exists for specialty breads [B.13.029] which provides for the use of ingredients that are either not permitted in the general standard for bread (such as fruits, nuts, seeds and flavours) or other ingredients (mostly various flours, meals and starches) that are permitted in greater amounts than in the general standard. The inclusion of these ingredients in the formula may alter the nutritive value of the bread.
When a specialty bread complies with one of the other bread standards in Division 13 of the Food and Drug Regulations in addition to complying to the specialty bread standard, it must be labelled by the common name prescribed by the specific standard to which it complies. For example, a bread containing 50% raisins by weight of the flour has to be called "Raisin Bread" since it meets the standard prescribed in B.13.025. The manufacturer does not have the option of calling such a bread "Fruit Bread" even though it meets the minimum fruit content required for "Fruit Bread" as specified in Table I below. In some instances, a high fibre ingredient is added to bread to increase its fibre content. When this added ingredient is not permitted in bread, the resulting product must not be described as a bread. However, no objection would be taken to the common name "bread with added (name of the fibre source)" on condition that the fibre source provides 2 g dietary fibre per serving, and that the qualifier appears in letters not less than half the size of the word "bread". (See Table 7-13 of this Guide: Summary Table of Permitted Fibre Claims.) The following table lists some of the common specialty breads and indicates the minimum content of the specialty ingredients: Specialty Breads: Specialty Ingredients
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Specialty Breads |
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Type of Bread |
Specialty Ingredient |
Minimum amount of Specialty Ingredient as % of Flour |
| Graham Bread | Graham Flour | 150 |
| Milk Bread | Milk Solids | 6 [B.13.022, (d)] |
| Potato Bread | Potato Flour | 5 |
| Honey Bread | Honey | 5 |
| Cheese Bread | Cheese | 12 |
| Oatmeal Bread | Oats | 20 |
| Cracked Wheat Bread | Cracked Wheat | 20 |
| Wheat Germ Bread (Bread with Wheat Germ) | Wheat Germ | 2 |
| Egg Bread | Whole Egg Solids | 1.5 |
| Fruit Bread or Loaf | Fruit | 40 |
| Triticale Bread | Triticale Flour | 20 |
| Rye Bread | Rye Flour | 20 |
| Raisin Bread | Seedless Raisins Raisins Currants |
50 [B.13.025] 35 15 |
| Bran Bread | > 2 g dietary fibre from wheat bran per serving | |
| Protein Bread | Must have a protein rating of 20 or more. | |
Due to different degrees of milling, cereal products and flours vary greatly in their nutritive value. Some milled or processed whole grain cereals, such as rolled oats and cracked wheat, retain most of their original nutritive value and are described as "whole grain cereals" or "whole (name of the grain) cereal". Others (such as farina, corn meal, white rice, corn flakes and puffed cereals) which require more extensive processing are called "refined cereals". The claim "made from (name of the grain)" should not be used to describe a breakfast cereal that does not contain the whole grain and most of the original nutritive value of the whole grain.
Breakfast cereals may contain added thiamine, niacin, vitamin B6, pantothenic acid, folic acid, iron, magnesium and zinc to levels specified by regulation [B.13.060] and the content of the added vitamins and minerals is required in the Nutrition Facts table [B.01.402(7)]. Nutrient content claims such as "source of protein" or "source of energy" must follow the requirements of nutrient content claims regulations of the FDR. See Chapter 7 of this Guide for the compositional criteria and the labelling requirements a food product must meet in order to make these nutrient content claims.
Advertisers should be careful when producing breakfast cereal advertisements, especially television commercials intended for children. Energy claims and physical actions exaggerated beyond the limits of credibility are considered particularly unacceptable when directed at children. Depiction of physical action in games requiring more skill than actual physical energy is not usually considered to be a violation, provided there is no suggestion that such actions are the result of consuming the product. For nutrient content claims for foods solely for children under two years of age, refer to 5.13 of this Guide. Health claims are prohibited on foods intended for children under two.
Breakfast cereals are only one part of a good breakfast, and commercials or visual depictions should not give the impression that they constitute the whole meal or that they are the most important part of that meal.
A "food for special dietary use" is defined in B.24.001, FDR as a food that has been specially processed or formulated to meet the particular requirements of a person:
| a) | in whom a physical or physiological condition exists as a result of a disease, disorder or injury; or |
| b) | for whom a particular effect, including but not limited to weight loss, is to be obtained by a controlled intake of foods. |
In general, only the following foods meeting the criteria in B.24.003(1) may be represented in a manner likely to create the impression that they are foods for special dietary use.
Formulated liquid diets, meal replacements, nutritional supplements and foods represented for use in a very low-energy diet have detailed and explicit nutrition and other labelling requirements set out in Division 24, FDR. The labels for these products are prohibited from using the Nutrition Facts table heading (i.e. "Nutrition Facts", "valeur nutritive" or "valeurs nutritives"), but they may voluntarily use the Nutrition Facts table format with respect to order of presentation, naming of nutrients, fonts, layout, etc. provided the applicable requirements of Divisions 24 are met [B.01.401(4) & (5)].
Prior to the enactment of the nutrition labelling regulations, the use of claims such as "carbohydrate-reduced", "sugar-free", "Calorie-reduced", "low Calorie", and "low sodium" were limited to foods for special dietary use. With the new regulations, these claims (except for "carbohydrate-reduced") are now considered nutrient content claims and may be used on any foods that meet the criteria. There are no carbohydrate nutrient content claims provided for in the nutrient content claims amendments to the Food and Drug Regulations.
"Carbohydrate-reduced" foods meeting the previous regulations [B.24.004, B.24.009] are permitted at this time but will not be permitted after the Transition Period (see 5.2 of this Guide) as B.24.004 to B.24.014 of the regulations are repealed by P.C. 2002-2200 of December 12, 2002
For more information on these and other nutrient content claims, refer to chapter 7 of this Guide.
Weight-reduction diets
The following foods for special dietary use may be represented for use in weight-reduction diets if they meet the requirements set out in Division 24:
Foods represented for use in a weight-reduction diet differ from foods represented for use in achieving and maintaining a healthy body weight, see 8.9.2 of this Guide.
Energy-reduced diets
In addition, foods may be represented for use in an energy-reduced diet if they meet the requirements of one of the following nutrient content claims [B.01.507]:
Foods that meet the criteria for and carry one of the claims above may be represented as "diet" or "dietetic" [B.24.003(4)].
Sodium-restricted diets
Foods may be represented as for use in a sodium-restricted diet if they meet the requirements of one of the following nutrient content claims [B.01.508]:
Foods represented for use in a weight-reduction diet or an energy-reduced diet differ from foods represented for use in achieving and maintaining a healthy body weight, see 8.7 of this Guide.
A "formulated liquid diet" is defined in B.24.001, FDR, as a food that:
is sold for consumption in liquid form; and
is sold or represented as a nutritionally complete diet for oral or tube feeding of a person in whom a physical or physiological condition exists as a result of a disease, disorder or injury.
A formulated liquid diet is required to be a complete substitute for the total diet in meeting the nutritional requirements of a person [B.24.101]. Formulated liquid diets cannot be advertised to the general public [B.24.100] and are not to be confused with infant formula. (See 9.10 of this Guide, Infant Foods and Infant Formulas.)
Formulated liquid diets have detailed and explicit compositional requirements [B.24.102] and labelling requirements [B.24.103] set out in Division 24, FDR. The labels for these products are prohibited from using the Nutrition Facts table heading (i.e. "Nutrition Facts", "valeur nutritive" or "valeurs nutritives"), but they may voluntarily use the Nutrition Facts table format with respect to the order of presentation, naming of nutrients, fonts, layout, etc. provided the applicable requirements of Division 24 are met [B.01.401(4) & (5)].
A "meal replacement" is defined in B.01.001, FDR as a formulated food that, by itself, can replace one or more daily meals.
The compositional requirements for a meal replacement are set out in B.24.200, FDR. These include a minimum food energy value of 225 Calories per serving, a specified amount and quality of protein, a maximum amount of energy derived from fat (35 percent), and a specified amount of various vitamins and mineral nutrients. When a meal replacement is represented as a replacement for all daily meals, the maximum amount of energy from fat is reduced to 30 percent, of which no more than 10 percent may be from saturated fat.
Meal replacements also have detailed and explicit labelling requirements, including nutrition labelling requirements [B.24.202, B.24.204] set out in Division 24, FDR. The labels for these products are prohibited from using the Nutrition Facts table heading (i.e. "Nutrition Facts", "valeur nutritive" or "valeurs nutritives"), but they may voluntarily use the Nutrition Facts table format with respect to order of presentation, naming of nutrients, fonts, layout, etc. provided the applicable requirements of Divisions 24 are met [B.01.401(4) & (5)].
Labelling requirements differ according to whether a meal replacement is sold or advertised as a replacement for all daily meals, for some daily meals or for use in a weight-reduction diet.
| a) | Labels must declare specific nutrient content per serving as sold and per stated quantity when ready-to-serve. |
| b) | If the food is sold or advertised for use in a weight-reduction diet, the label must include directions for use that would result in the daily energy intake of at least 1200 Cal (5040 kJ) [B.24.204(b)]. If the meal is a replacement for all daily meals, directions for use that would result in the daily energy intake of 900 Cal (3780 kJ) must be provided. |
| c) | If the food is sold or advertised for use in a weight-reduction diet, the statement "useful in weight reduction only as part of an energy-reduced diet / utile pour perdre du poids seulement dans le cadre d'un régime à teneur réduite en énergie" must be prominently displayed on the principal display panel [B.24.202(e)]. This statement must also be included in all advertisements for the product. |
| d) | If the meal replacement is not
represented as a replacement for all daily meals, a sample seven-day menu must
be included. The requirements for the menu plan are set out in B.24.204,
FDR.
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No direct or indirect reference is permitted on labels or in advertisements to the use of any vitamin or mineral nutrient supplement. The label or advertisement must not create the impression that consumption of any vitamin or mineral nutrient supplement must or should be part of a weight-reduction diet.
As there is no reference amount for these foods, only the claims which are not based on reference amount can be made. For example, the following claims can appear on the label or packaging of a meal replacement: "source of protein" or "source of five vitamins and minerals", provided the product meets the conditions for the claim.
A "nutritional supplement" is defined in B.01.001, FDR as a food sold or represented as a supplement to a diet that may be inadequate in energy and essential nutrients.
The compositional requirements for a nutritional supplement are set out in B.24.201 FDR. Requirements differ depending on the Calories per serving provided by the nutritional supplement. Examples are given below.
When a nutritional supplement contains less than 225 Calories per serving, requirements include a minimum food energy content of 150 Calories per serving, a specified amount and quality of protein and a specified amount of various vitamins and mineral nutrients.
When a nutritional supplement provides 225 or more Calories, requirements include a specified amount and quality of protein, a maximum amount of fat, and a specified amount of various vitamins and mineral nutrients.
The labelling requirements for a nutritional supplement are set out in B.24.202 FDR. Some labelling requirements include the declaration of the content of specific nutrients per serving as sold and per stated quantity when ready-to-serve. Nutritional supplements are not subject to the nutrition labelling requirements discussed in Chapter 5 of this Guide and the Nutrition Facts table is not permitted on these foods [B.01.401(4) and (5)].
Nutritional Supplements also have detailed and explicit labelling requirements, including nutrition labelling requirements [B.24.202] set out in Division 24, FDR. Some labelling requirements include the declaration of the content of specific nutrients per serving as sold and per stated quantity when ready-to-serve.The labels for these products are prohibited from using the Nutrition Facts table heading (i.e. "Nutrition Facts", "valeur nutritive" or "valeurs nutritives"), but they may voluntarily use the Nutrition Facts table format with respect to the order of presentation, naming of nutrients, fonts, layout, etc. provided the applicable requirements of Divisions 24 are met [B.01.401(4) & (5)].
As there is no reference amount for these foods, only the claims which are not based on reference amount can be made. For example, the following claims can appear on the label or packaging of a meal replacement: "source of protein" or "source of five vitamins and minerals", provided the product meets the conditions for the claim.
A food is not permitted to be labelled, packaged, sold or advertised in a manner likely to create an impression that it is "gluten-free" unless it does not contain wheat, including spelt and kamut, or oats, barley, rye, triticale or any part thereof.
As per B.01.401(3)(e)(ii), any food represented as having a particular nutritional or health-related property, such as "gluten-free", must carry the Nutrition Facts table. Any exemption permitted by B.01.401(2) no longer applies when a food is represented as "gluten free".
The sale and advertising of foods represented for use in very low-energy diets is strictly controlled by the Food and Drug Regulations. These foods are not permitted to be advertised to the general public [B.24.300]. Only a pharmacist is permitted to sell these foods to the general public and only with a written order from a physician [B.24.301, B.24.302]. Compositional and labelling requirements are also strictly governed by regulation [B.24.303, B.24.304]. As Health Canada must be advised prior to marketing these products, readers are advised to contact Health Canada prior to manufacturing, labelling or importing these type of foods. Enquiries should be directed to:
| Assistant Deputy Minister Health Products and Food Branch Health Canada 1st Floor, Health Protection Building Tunney's Pasture, A.L. 0701A1 Ottawa, Ontario K1A 0L2 |
The labelling requirements for a prepackaged meal that is packaged, sold or advertised for use in a weight-reduction diet are set out in B.24.203 and B.24.204. (See 9.1 of this Guide for the definition of "prepackaged meal".)
Some of these labelling requirements include the following.
| a) | Labels must state specific nutrient content declarations per serving as sold and per stated quantity when ready-to-serve [B.24.203 (a)]. |
| b) | The statement "useful in weight reduction only as part of an energy-reduced diet / utile pour perdre du poids seulement dans le cadre d'un régime à teneur réduite en énergie" must be prominently displayed on the principal display panel [B.24.203(b)]. This statement must also be included in all advertisements for the product. |
| c) | A sample seven-day menu must be included in the directions for use, showing the prepackaged meal being used [B.24.204]. |
The requirements for the menu plan are set out in B.24.204. Some of the menu requirements are listed here:
The daily menu must include at least one serving from each of the four food groups in Canada's Food Guide to Healthy Eating.
In addition to the menu providing a minimum daily food energy intake of 1200 Calories, the content of other nutrients (e.g., fat, saturated fat, vitamins and mineral nutrients) is also regulated.
The menu must not include any reference to vitamin or mineral supplements [B.24.204(e)].
No direct or indirect reference is permitted on labels or in advertisements to any vitamin or mineral supplement. The label or advertisement must not create the impression that consumption of any vitamin or mineral nutrient supplement must or should be part of a weight-reduction diet. [B.24.205(3)]
Weight-loss clinics are permitted to represent and sell food to their clients as part of a weight-reduction diet supervised by the clinic.
The labelling requirements for foods sold by weight-reduction clinics are set out in B.24.203, B.24.204 and B.24.205. They are identical to those which apply to prepackaged meals, outlined in 9.9.6 above, except that the sample seven-day menu in the directions for use, must specifically show the food sold by the weight-reduction clinic being used.
No person shall sell or advertise for sale an infant formula that, as normally consumed, does not comply with the compositional requirements set out in the Food and Drug Regulations for infant formula.
It is also not permitted to sell or advertise for sale an infant formula that, when prepared according to directions, requires the addition of a nutritive substance other than water, a source of carbohydrates, or both.
Other than identifying the quantity of iron on the label, no one can make any claim with respect to the iron content of an infant formula unless it contains at least 1 mg of iron per 100 available Calories.
Infant formulas (human milk substitutes) and foods that are represented as containing infant formula, also have detailed and explicit labelling requirements, including nutrition labelling requirements, set out in Division 25 of the Food and Drug Regulations. The labels for these products are prohibited from using the Nutrition Facts table heading (i.e. "Nutrition Facts", "valeur nutritive" or "valeurs nutritives"), but they may voluntarily use the Nutrition Facts table format with respect to order of presentation, naming of nutrients, fonts, layout, etc. provided the applicable requirements of Divisions 25 are met [B.01.401(4) & (5)].
All new infant formula and infant formula which have undergone minor changes in composition, manufacturing or packaging is subject to pre-market notification. Labels must be submitted to Health Canada for review as part of the pre-market notification, at the following address:
| Assistant Deputy Minister Health Products and Food Branch Health Canada 1st Floor, Health Protection Building Tunney's Pasture, A.L. 0701A1 Ottawa, Ontario K1A 0L2 |
The use of food additives in infant formula and infant foods is strictly controlled under the Food and Drug Regulations.
Infant foods are subject to specific maximum sodium levels. It is an offence to sell or advertise for sale an infant food that contains more sodium than that provided for in the Food and Drug Regulations.
Note that there are specific nutrition labelling requirements, including formats, Nutrition Facts table information, and nutrient content claims, for foods solely for children under two years of age (but not infant formulas). These are discussed in Chapter 5 of this Guide.
There are no provisions for the addition of vitamins, mineral nutrients (including electrolytes), or amino acids to beverages targeted for use by athletes. See Annex 7-1 of this Guide for foods to which vitamins or mineral nutrients may be added.
Functional claims made for such beverages are limited to those referring to the replacement of fluid (water) loss. Nutrient content claims may be made when criteria are met (see Chapter 7 of this Guide).
The term "isotonic", in reference to a beverage, denotes a solution having the same concentration of electrolytes as another solution to which it is being compared. For example, a beverage could be isotonic with perspiration, serum, etc. There is no objection to the use of this term when the claim is accurate and the comparison appropriate.
Chapter 9: Sections 9.1-9.6 | Sections 9.7-9.11
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