Chapter 4
Composition, Quality, Quantity and Origin Claims
Sections 4.7-4.19

4.7 Nature, Natural

"Nature", "natural", "Mother Nature", "Nature's Way" are terms often misused on labels and in advertisements.

Advertisements should not convey the impression that "Nature" has, by some miraculous process, made some foods nutritionally superior to others or has engineered some foods specially to take care of human needs. Some consumers may consider foods described as "natural" of greater worth than foods not so described.

Foods or ingredients of foods submitted to processes that have significantly altered their original physical, chemical or biological state should not be described as "natural". This includes such changes as the removal of caffeine.

• A natural food or ingredient of a food is not expected to contain, or to ever have contained, an added vitamin, mineral nutrient, artificial flavouring agent or food additive.
• A natural food or ingredient of a food does not have any constituent or fraction thereof removed or significantly changed, except the removal of water.

Note that some food additives, vitamins and mineral nutrients may be derived from natural sources. Some of these additives may be regarded as natural ingredients, in which case the acceptable claim would be that this food contains "natural ingredients". (See Table 4-1 and Table 4-2 below, Processes Affecting the Natural Character of Foods.)

Note that while the ingredient can be described as "natural", the food itself cannot, since it contains an added component.

Table 4-1
Processes Affecting the Natural Character of Foods with a Table MINIMUM of Physical, Chemical or Biological Changes

Table 4-2
Processes Affecting the Natural Character of Foods with a MAXIMUM of Physical, Chemical or Biological Changes

Flavour descriptors: Substances which impart flavours which have been derived from a plant or animal source, may be claimed to be "natural". As well, any additive, such as preservatives and solvents added to a flavour preparation to have a technological effect solely on the flavour, does not modify the "natural" status of the flavouring material itself. However, the addition does alter the natural status of the food to which it has been added, even though it need not be declared as an ingredient on the food label. In other words, such foods may not be claimed to "contain only natural ingredients".

Furthermore, acids, bases, salts and sweeteners may be used to impart sour, bitter, salty and sweet tastes in conjunction with natural flavours. They do not alter the "natural" status of the flavouring material itself. For example, citric acid is not a flavour but acts only as an acidulant when used in conjunction with natural flavours.

Note, however, that while the flavour remains "natural", such acids, bases, salts or sweeteners have an effect on the foods to which the flavour preparation is added. Therefore, the list of ingredients of such foods must declare acids, bases, salts or sweeteners which are present by their proper common names.

The status of enzymatic flavours, processed flavours, reaction flavours or nature-identical flavours has not been established under these guidelines. Each one will therefore be examined on a case-by-case basis.

4.8 Organic

The Organic Products Regulations (OPR) require mandatory certification, by a CFIA accredited Certification Body, to the Canadian Organic Standards (Canadian Organic Production Systems Standards: General Principles and Management Standards and the Permitted Substances Lists) for agricultural products represented as organic in import, export and inter-provincial trade, or that bear the federal organic agricultural product legend (or logo). Imported organic products may also meet the requirements of the Organic Products Regulations by being certified to a standard deemed to be equivalent under an equivalency determination agreement with a foreign country by a Certification Body accredited by that foreign country. [Part 2, Part 4, OPR]

The Canada Organic Regime is the Government of Canada's response to requests by the organic sector and consumers to develop a regulated system for organic agricultural products. The Organic Products Regulations are designed to protect consumers against false and misleading organic claims and govern the use of the new organic logo.

4.8.1 Use of the Logo

The CFIA regulates the use of the logo below (Figure 1). The use of the organic logo will only be permitted on products that have an organic content that is greater than 95% and have been certified according to Canadian requirements for organic products. The use of the organic logo is voluntary. [22, 23, OPR]

Imported products must meet the requirements of the Canada Organic Regime. Should imported products bear the logo, the statement "Product of", immediately preceding the name of the country of origin, or the statement "Imported", must appear in close proximity to the logo or the designations, and these statements must appear on the label in both French and English. [21, 25(c) OPR].

Figure 1. The logo is displayed in either black with a white background, in black with a transparent background or in colour. If displayed in colour, the background is white or transparent, the outer and inner borders are green (Pantone no. 368), the maple leaf is red (Pantone no. 186) and the lettering is black. [22, 23, OPR]

4.8.2 Organic Claims

• Only products with organic content that is greater than or equal to 95% may be labelled or advertised as "organic" or bear the organic logo. Labels or advertisements bearing claims such as "organically grown", "organically raised, "organically produced", or similar words, including abbreviations of, symbols for and phonetic renderings of those words, must meet the requirements to make an "organic" claim. For multi-ingredient products, the organic contents must be identified as organic in the list of ingredients. [24(1), 25(b), OPR].
• Multi-ingredient products containing between 70-95% organic content may use the declaration "contains x% organic ingredients" on the label or in advertising, specifying the percentage of organic ingredients. These products may not use the organic logo nor the claim "organic". If the declaration "contains x% organic ingredients" is used, the words "organic ingredients" must be of the same size and prominence as the preceding words, numbers, signs or symbols that indicate the applicable percentage. The organic contents must be identified as organic in the list of ingredients. [24(2), 25(b), OPR].
• Multi-ingredient products containing less than 70% organic content may identify ingredients in the list of ingredients as organic. These products may not use the organic logo nor the claims "organic" or "contains x% organic ingredients". [24(3), OPR]
• When used, the above organic claims or statements must appear on the label in both French and English. [21, OPR]

4.8.3 Certification

Certification is required for products making an organic claim. This includes products labelled as "organic", that bear the organic logo, or that declare "contains x% organic ingredients". To be certified, operators must develop an organic production system based on the Canadian Organic Standards and have their products certified by a certification body accredited under the Canada Organic Regime. [Part 2, OPR]

The label of an organic product subject to the Organic Products Regulations must bear the name of the certification body that has certified the product as organic. [25(a), OPR]

For more information please refer to the Canada Organic Office at http://www.inspection.gc.ca/english/fssa/orgbio/orgbioe.shtml.

4.9 Novel Foods which are Products of Genetic Modification

4.9.1 Novel Foods Regulations [Division 28, FDR]

"Novel Foods means:

1. a substance, including a microorganism, that does not have a history of safe use as a food;
2. a food that has been manufactured, prepared, preserved or packaged by a process that
   1. has not been previously applied to that food, and
   2. causes the food to undergo a major change; and
3. a food that is derived from a plant, animal or microorganism that has been genetically modified such that
   1. the plant, animal or microorganism exhibits characteristics that were not previously observed in that plant, animal or microorganism,
   2. the plant, animal or microorganism no longer exhibits characteristics that were previously observed in that plant, animal or microorganism, or
   3. one or more characteristics of the plant, animal or microorganism no longer fall within the anticipated range for the plant, animal or microorganism." [B.28.001]

"Genetically modify means to change the heritable traits of a plant, animal or microorganism by means of intentional manipulation." [B.28.001]

The regulations also require that prior to the sale or advertisement of a novel food, Health Canada be notified with sufficient accompanying information, as outlined in B.28.002(2), to conduct a safety assessment. If Health Canada deems the food to be safe for consumption, a letter of no-objection is issued notifying the petitioner to that effect. Health Canada may require for those products of genetic engineering which result in a health or safety change or a significant change in nutrition or composition to provide a declaration on the label detailing the manner in which the genetically engineered food differs from its non-modified counterpart. This statement then becomes mandatory on the novel food.

4.9.2 Canadian General Standards Board (CGSB) National Standard for Voluntary Labelling and Advertising of Foods That Are and Are Not Products of Genetic Engineering

In the National Standard for Voluntary Labelling and Advertising of Foods That Are and Are Not Products of Genetic Engineering:

"Genetic Engineering" refers to a technique by which the genetic material of an organism is changed in a way that does not occur naturally by multiplication and/or natural recombination.

"Product of Genetic Engineering" refers to food consisting of organisms that have undergone genetic engineering and to food derived from these organisms.

Care must be taken when using the terms "genetic engineering", "genetically engineered", or "from genetically engineered".

In Canada, voluntary claims on foods that are and are not products of genetic engineering may be made provided such claims are truthful, not misleading, not deceptive, and not likely to create an erroneous impression of a food's character, value, composition, merit or safety; and in compliance with all other requirements set out in the Food and Drugs Act and Regulations, the Consumer Packaging and Labelling Act and Regulations and other applicable legislation.

The CGSB National Standard for Voluntary Labelling and Advertising of Foods that Are and That Are Not Products of Genetic Engineering was published in 2004. The standard provides criteria for making voluntary labelling and advertising claims that identify foods sold in Canada that are or are not products of genetic engineering. It includes detailed information including criteria for claims on both single and multi-ingredient foods, verification, and examples of claims.

• National Standard for Voluntary Labelling and Advertising of Foods that Are and That Are Not Products of Genetic Engineering

4.10 Pure, 100% Pure, 100%, All

The term "pure" should not be used on the labels of, or in connection with, an article of food that is a compound, mixture, imitation or substitute. This prohibition appeared in the Food and Drugs Act before 1952. Although no such regulation exists today, consumers still expect a food described as "pure" or "100% pure" to be uncontaminated and unadulterated, and to contain only substances or ingredients that are understood to be part of the food so described.

For example, consumers do not expect a product described as "100% pure corn oil" to contain any substance other than corn oil. It should not contain any preservatives, antifoaming agents or colour even though the standards may permit them. In some cases, this claim is considered to be synonymous with the claim "contains no preservatives". (See 4.3.1, No Preservative Claims, and 4.3.2, No Preservative Claims for Multi-functional Additives, earlier in this chapter.)

The term "pure" or "100% pure" can be used to modify an ingredient name appearing in the common name of a food such as "pure vegetable oil" or "pure vegetable oil margarine". The claim can also be worded so that it refers specifically to a named ingredient in the food. The claim "made with pure corn oil with added preservative" implies that the corn oil used was pure, before the preservative was added to the final product.

Similarly, consumers expect that a product described as "100% pure pork sausage" would contain only meat originating from hogs and that the pork portion would contain no additives or contaminants. However, products like the sausage that are not single-ingredient foods should not be described as "100%", "pure" or "100% pure". The claim "100% pure sausage" is unacceptable.

In a few cases, however, it may be possible to describe a standardized multi-ingredient food as "pure" on condition that none of the optional ingredients permitted by that standard are added to the food, and on condition that the common name allowed and used to describe the food includes the names of all the ingredients of the food. For example, "pure sweet milk chocolate" would be expected to be made only with pure sugar, pure fluid whole milk and pure chocolate.

For reconstituted orange juice, "pure" or "100% pure" can be used on the label of the reconstituted product to describe the product if only water has been added to the concentrate. "Pure" or "100% pure" cannot be used on the label of a reconstituted product if any optional ingredient such as sodium benzoate, sugar, colour, vitamin C, etc., is incorporated into the concentrate.

In all cases, the terms "all", "pure" or "100% pure" should be used with care. If these terms are used in such a way as to imply that other similar products are adulterated or not up to standard, then the use of these terms could be construed as being misleading.

4.11 Entirely, Completely, Absolutely

Although these terms are often redundant in normal usage, they may nevertheless alter the meaning of statements and claims. Generally, claims may be made when food meets legislated criteria, but regulations usually provide some tolerance. However, when claims are modified by a term such as "entirely", the tolerance, in effect, ceases to exist.

For example, the claim "Canadian" is synonymous to a "Product of Canada" claim, in which case all or virtually all major ingredients, processing, and labour used to make the food product must be Canadian. Ingredients which are present in the food at very low levels and that are not generally produced in Canada would be permitted provided that these ingredients amount to generally less than a total of 2 per cent of the food. For a food with the claim "Entirely Canadian", this allowance would no longer apply; all ingredients, processing and labour would be Canadian.

4.12 True, Real, Genuine

Terms such as "true", "real", "genuine" and the like should be used with care. Such terms should not be used to describe foods or ingredients which are imitations or substitutes, nor should they be used in a manner which suggests that any product is an exclusively true, real or genuine article.

4.13 Imitations, Substitutes

An imitation food resembles the food imitated in flavour, texture, appearance and nutritional value. A substitute food does not have to physically resemble the food for which it substitutes but it should have the same nutritional qualities.

Certain foods are described as "imitation (naming the food imitated)" or "(naming the food) substitute". In advertising, the descriptive word "imitation" or the word "substitute" is required to appear as part of the common name. The advertisement should promote the imitation or substitute foods on their own merits and not highlight the qualities of the foods they replace, unless they, too, have these qualities.

Many foods that are imitations of another food or substitutes are described by coined names. These names and all descriptions should be used carefully. They must not lead consumers to conclude that the imitation or substitute is genuine.

4.14 Concentrated, Concentrate, Condensed, Strength, Reconstituted

These terms should be restricted to their correct usage and should not be employed in a manner that would imply nutritional superiority.

In general, the terms "concentrated", "concentrate" or "condensed" may be used to describe products still in the liquid state after a substantial amount of water has been removed, for example, "condensed milk". The terms "dehydrated", "dried" or "powdered" are more appropriate when the removal of the water results in a product that is no longer in a liquid state, for example, "powdered whole milk". Dehydrated fruits and vegetables and products such as soup mixes or bases are not regarded as "concentrates" or as being concentrated.

A claim that a food is "concentrated" or "condensed" and a statement pertaining to "strength" should be made only when there is a recognized standard with which to compare the product. "Concentrated orange juice" or "double strength vinegar for manufacturing purposes" are examples of correct usage.

Foods restored to their original moisture content should be described as "reconstituted" or as "made from concentrate". These terms should be part of the common name of these products.

A manufactured product requiring dilution as directed on the label before it is in a form ready to be consumed may be described, under special circumstances, as "concentrated", "concentrate" or "condensed", even though no water has been removed during processing. Products such as concentrated liquid infant formula and condensed soup fall within this category.

Some common names, by definition, cannot "concentration" or "strength", and should not be further modified by words such as "concentrated" or "condensed", (e.g., instant coffee or instant tea should not be further described as "concentrated"). Similarly, syrups should be described by a declaration of the actual amount of sugar present, rather than by the less informative term "strong".

A product is not necessarily "strong" or "concentrated" because it contains a relatively large amount of one constituent. A pudding, for example, is not "concentrated" merely because a new formula calls for 15 percent milk solids instead of 5 percent, nor is cheese a "concentrated milk".

A powdered product is not a concentrate solely because it has been made to occupy less volume than the similar product it replaces. There can be no effect of concentration when, based on mass, the same amount of each product is needed to reconstitute or prepare for normal use. Agglomerated instant coffee, for example, is not "concentrated instant coffee".

4.15 Claims Regarding Grades

Grade names and standards have been established for food products such as butter, milk powder, eggs, fresh and processed fruits and vegetables, honey, maple products and meat and poultry carcasses, under the authority of the Canada Agricultural Products Act (including the Livestock and Poultry Carcass Grading Regulations), the Meat Inspection Act and various provincial acts. These grade names must be declared in advertisements when a price is declared and more than one grade of the food is available at retail. Grade names must not, however, be used to describe products which have not been graded.

The actual grade names vary from one type of product to another (e.g., "Canada No. 1", "Canada A" and "Canada Fancy"). It is illegal to describe products by an improper grade designation or by any words or symbols that could be mistaken for a legally-established grade description. In cases where a food product is imported, the grade assigned to the product by a grading authority established under the laws of the country from which the food was imported, may be used in any advertisements for that product.

Since grades only apply to meat and poultry carcasses, and do not apply to individual cuts, labels or advertisements for retail meat cuts may only include an indication of the grade of carcass from which the retail cut was derived (e.g. the label or advertisement should include words such as "cut from" or other appropriate words which do not give the impression that the retail cut was graded when indicating the carcass grade). Additionally, grade names must be reproduced in full. An appropriate reference would be "Cut from Canada AA beef".

Note: The label of meats, poultry meats or their products originating from federally inspected establishments which have been health inspected and passed for human food must be marked with the meat inspection legend established under the federal Meat Inspection Act. This legend, in the form of the word "Canada" within a circle or an ellipse, is not an indication of grade nor does it indicate that the product has been graded. It may not be reproduced by a third party nor may a repacker or retailer use it on meats or poultry packaged by them.

4.16 Kosher Foods [B.01.049]

Kosher, which means "fit" or "proper", describes foods and practices that are specifically permitted by Jewish dietary laws. Certification that a food is processed in accordance with the requirements of the Kashruth is made by a Rabbi or Rabbinical organization and identified by the appropriate Rabbi or Rabbinical organization symbol.

In the labelling, packaging and advertising of a food, the Food and Drug Regulations prohibits the use of the word kosher or any letter of the Hebrew alphabet, or any other word, expression, depiction, sign, symbol, mark, device or other representation that indicates or that is likely to create an impression that the food is kosher, if the food does not meet the requirements of the Kashruth applicable to it.

The terms "kosher style" and "kind of kosher" are not allowed, unless they meet the requirements of the Kashruth. "Jewish-style food" or "Jewish cuisine" are not objected to, although the foods may not necessarily meet the requirements of the Kashruth.

Rationale: "Kosher style" is considered to create the impression that the food is kosher, and therefore the food must meet the requirements of the Kashruth. "Jewish style" food may not necessarily create this impression.

4.17 Meals, Meal Replacements, Instant Breakfast [B.01.001, B.01.053, B.24.200]
(See also 9.1 and 9.9.2 of this Guide)

A basic prepackaged meal should include selections from at least two food groups as designated in Canada's Food Guide to Healthy Eating. More specifically, it must consist of at least one serving of:

• meat, fish, poultry, legumes, nuts, seeds, eggs, or milk or milk products other than butter, cream, sour cream, ice cream, ice milk and sherbet; and
• vegetables, fruit or grain products.

Requirements for "instant breakfast", a breakfast replacement, are set out in B.01.053. Requirements for meal replacements are in B.24.200.

Advertisements for meal replacements or instant breakfasts should be prepared with care. The general public should not be persuaded to change good dietary habits through the use of scare advertising or by over-emphasis of nutritional claims.

Instant breakfast may not be promoted as a replacement for other meals, such as lunch or dinner, nor as snacks, nor as a part of a diet plan.

No product should be represented as a lunch, meal, instant lunch or instant meal, or in any other way which suggests that it is a complete meal, if it does not provide the combination of foods required for a prepackaged meal.

4.18 Quantity: Net Contents

Claims such as "big litre", "jumbo litre" and "full litre" should not be used, since they contravene paragraph 7(2)(a) of the Consumer Packaging and Labelling Act which prohibits any qualification of the declared net quantity of a prepackaged product. (Refer to Chapter 2 of this Guide for more information on Net Quantity.)

4.19 Product of Canada, Made in Canada

The following guidelines were developed to reflect consumer and industry expectations about what constitutes a Canadian product. The objectives of the guidelines are to promote compliance with subsection 5(1) of the Food and Drugs Act and subsection 7(1) of the Consumer Packaging and Labelling Act by providing truthful and not misleading claims that are clear, simple and transparent. The use of these claims is voluntary, however, when applied they will be assessed based on the criteria that follow.

4.19.1 Product of Canada

A food product may claim Product of Canada when all or virtually all major ingredients, processing, and labour used to make the food product are Canadian. This means that all significant ingredients are Canadian and non-Canadian material must be negligible. Ingredients that are present in a food at very low levels and that are not generally produced in Canada, including spices, food additives, vitamins, minerals, and flavouring preparations, may be used without disqualifying the food from making a Product of Canada claim. Ingredients in a food that are not grown in Canada, such as oranges, cane sugar or coffee, when present at very low levels, may be considered minor ingredients. Generally, the percentage referred to as very little or minor is considered to be less than a total of 2 per cent of the product.

For example: a cookie that is manufactured in Canada from oatmeal, flour, butter, honey and milk from Canada, and vanilla may use the Product of Canada claim, even if the vitamins in the flour and the vanilla were not from Canada.

4.19.2 Made in Canada with a Qualifying Statement

A qualified Made in Canada claim could be applied to a label or advertisement when the last substantial transformation of the product occurred in Canada, even if some ingredients are sourced from other countries. When a food undergoes processing which changes its nature such that the food becomes a new product bearing a new name by which the food is generally known by the consumer, it is considered to have undergone substantial transformation. Those processes which result in a substantial transformation may be outlined in more specific legislation, such as the Meat Inspection Regulations.

When a food contains ingredients which are sourced from outside of Canada, the label would state “Made in Canada from imported ingredients.” When a food contains both domestic and imported ingredients, the label would state “Made in Canada from domestic and imported ingredients.”

For example, a cookie manufactured in Canada from imported flour, oatmeal, shortening and sugar may be labelled or advertised with the claim “Made in Canada from imported ingredients”. A cookie manufactured in Canada using Canadian flour, oatmeal and shortening and imported sugar may use the claim “Made in Canada from domestic and imported ingredients”.

4.19.3 Other Claims

The use of Product of Canada and the qualified Made in Canada claims are encouraged to ensure clarity for the consumer and to enhance their ability to identify Canadian made foods. Other more specific statements or claims, including “Prepared in Canada”, “Processed in Canada”, and “Refined in Canada” that describe the Canadian value added may be used without further qualification, provided they are truthful and not misleading for consumers.

For example:

• “roasted and blended in Canada” to describe coffee since the coffee beans are always imported;
• “packaged in Canada” to describe a food which is imported in bulk and packaged in Canada;
• “distilled in Canada” to describe an imported product that underwent distillation in Canada;
• “canned in Canada” to describe the process that an imported product incurred in Canada.

4.19.4 National symbols

The use of the Canadian Coat of Arms and the Canadian Flag are both protected under the Trade-marks Act, subsection 9(1).

a) Coat of Arms

The Canadian Coat of Arms cannot be used, unless permission is granted by the Department of Canadian Heritage. Requests for permission may be made to:

Manager
Ceremonial and Canadian Symbols Promotion
Department of Canadian Heritage
Ottawa, Ontario K1A 0M5
Fax : 819-997-8550

b) National Flag

The national flag with the 11-point maple leaf and one or two bars cannot be used unless permission for its use is granted by the Department of Canadian Heritage (see address above). There is however, no objection to the use of an 11-point maple leaf without bars.

The maple leaf should not be used on an imported food product since it may give the consumer the false impression that the product is of domestic origin.

4.20 Imported

When a food product is described as "imported", it is understood that the food, as a unit, has been brought into Canada from another country and is sold in Canada without modification to the food itself. In other words, the food is wholly imported. When a food contains a mixture of imported and domestic ingredients, only the imported ingredients may be described as being imported. For example, a cookie that is made in Canada using Belgian chocolate, may state “contains Belgian chocolate.”

Exceptions to this general ruling are provided in the Food and Drug Regulations, and include imported Scotch whisky, Irish whisky, rum and brandy. These products may be sold as imported products when specific processing is done in Canada, namely blending with other imported named spirits, adjustment of the alcohol strength with distilled water or other purified water and standardization of colour with caramel addition.

According to the Consumer Packaging and Labelling Regulations, subsection 31(2), if a pre-packaged product has been wholly manufactured or produced in a country other than Canada, and the identity and principal place of business of the person in Canada for whom the pre-packaged product was manufactured or produced for resale appears on the label, then the identity and principal place of business shall be preceded by the words "imported by" or "imported for", unless the geographic origin of the product is stated on the label grouped with, or adjacent to, the Canadian name and address.

4.20.1 Geographical terms

The use of geographical adjectives and illustrations indicates that the foods are bona fide products of the place named or shown, except in cases in which the geographical term has lost its significance, (e.g., hamburg steaks, Spanish onions, Boston beans).

In some cases, foods do not originate from the place named or illustrated and the descriptions may be considered deceptive or misleading. If the name of a city, a region or a country is used to describe the product, in circumstances where it could be deceptive or misleading, the name should be accompanied by a qualifier such as "style", or additional information can be provided to clearly indicate the product's geographical origin.

4.20.2 Geographical terms

For information on indicating country of origin on alcoholic beverages, refer to Chapter 10 of this Guide, Guide to the Labelling of Alcoholic Beverages.

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