Operational procedure: Basic food label verification

On this page

• 1.0 Purpose
• 2.0 Authorities
• 3.0 Reference documents
• 4.0 Definitions
• 5.0 Acronyms
• 6.0 Operational procedure
  • 6.1 Prepare for inspection
  • 6.2 Conduct the inspection
  • 6.3 Communicate the results
  • 6.4 Conduct follow-up
• 7.0 Appendix
  • Appendix 1: Verification of authorizations

1.0 Purpose

The purpose of this document is to provide guidance to Canadian Food Inspection Agency (CFIA) inspection staff when conducting a basic food label verification, in order to ensure that all mandatory information is present, accurate and is declared according to Canadian regulatory requirements. The verification of some voluntary or additional information is also included in this guidance.

The procedure outlined below may be used when verifying compliance of a food label and advertisement, to support export certification, to aid in the assessment of a Preventive control (PC) related sub-element, or as part of a food safety investigation or follow-up to a complaint.

This document is intended to be used in conjunction with other guidance documents as referenced in Section 3.0, reference documents.

2.0 Authorities

• Agriculture and Agri-Food Administrative Monetary Penalties Act
• Canadian Food Inspection Agency Act
• Food and Drugs Act (FDA) (as it relates to food)
• Food and Drug Regulations (FDR) (as it relates to food)
• Safe Food for Canadians Act (SFCA)
• Safe Food for Canadians Regulations (SFCR)

The inspection powers, control actions and enforcement actions authorized by the above legislation are identified and explained in the Operational guideline – Food regulatory response guidelines.

3.0 Reference documents

• Operational Guidance: Standard Inspection Process
• Grades and Standards: documents Incorporated By Reference (Under Safe Food for Canadians Regulations [SFCR])
• CFIA Sampling Information (accessible only on the Government of Canada network)
• Units of Measurement for the Net Quantity Declaration of Certain Foods (Documents incorporated by reference under SFCR)
• Operational Guideline – Net quantity verification
• Operational Procedure – Food nutrient content and claims verification
• Operational Procedure: Food ingredient verification
• Operational Guideline: Guidelines on categorizing labelling and advertising non-compliance and timeframes for correction (accessible only on the Government of Canada network – RDIMS 9912657)
• Industry Guidance – CFIA Industry Labelling Tool
• Test marketing and other authorizations
• DSDP SOP INS – conducting an inspection (accessible only on the Government of Canada network – RDIMS 9839405)

4.0 Definitions

Definitions are located in the documents listed below or as a defined word where it is intended to supersede the definitions within the glossary documents:

• My CFIA Glossary of Terms
• Safe Food for Canadians Regulations: Glossary of key terms

5.0 Acronyms

Acronyms are spelled out the first time they are used and are consolidated in the Food business line acronyms list.

6.0 Operational procedure

This operational procedure provides inspection staff guidance when conducting a basic food label verification. A basic food label verification is an inspection task performed by the inspector to verify that all mandatory information is present, that all information is accurate and declared according to regulatory requirements and that certain additional or voluntary information is displayed in a manner that is not false, misleading or deceptive.

Where more specific procedures are required to what is provided in the standard inspection process (SIP), these will be indicated in this section.

Commodity inspection operational guidance (OG) refers the inspector to the SIP for basic guidance on the four inspection steps. If the commodity inspection is being conducted to support a preventive control inspection currently underway, some or parts of the inspection steps will have already been completed.

6.1 Prepare for the inspection

Refer to SIP, section 3.0, step 1 - Prepare for the inspection. In addition to the general guidance provided in the SIP, the following applies.

6.2 Conduct the inspection

Refer to SIP, section 4.0, step 2 - Conduct the inspection. In addition to the general guidance provided in the SIP, the following applies.

Inspection staff can use the labelling requirements checklist available in the Industry Labelling Tool (ILT) as a guide when conducting a label or advertisement verification. Please note that this checklist is not all inclusive of the regulatory requirements for verification of a label or advertisement.

6.2.1 Do a preliminary label and advertisement verification

Determine which regulatory requirements apply for the specific product. In particular, confirm:

• if the product requires a label (refer to Food products that require a label in the ILT)
• what information is mandatory on the label, and
• if there are conditions that would allow for an exemption from any regulations (refer to the core labelling requirements and the food-specific labelling requirements of the ILT)

6.2.2 Verify mandatory label requirement

1. Using the information found in the Core Labelling Requirements section of the ILT, verify that the label contains the mandatory labelling information that must appear on the label of the prepackaged or consumer prepackaged food and that it meets regulatory requirements. Mandatory labelling information includes:
   • common name
   • list of ingredients, including declaration of allergens, gluten sources and sulphites
   • net quantity
   • durable life date (for food with a shelf life of less than 90 days)
   • name and principal place of business of the person by or for whom the food was manufactured, prepared, produced, stored, packaged or labelled
   • lot code (if it is a consumer prepackaged food)
   • Nutrition Facts Table (NFt)
2. If any of the mandatory labelling information is missing, verify the conditions that may exist that exempt the food from requiring some label information
3. Using the information found in the Food Specific Labelling Requirements section of the ILT, verify that the label also contains additional mandatory requirements, such as, standard container size, inspection legend, grade declaration as applicable for the specific commodity being inspected
4. Using the information in the Legibility and Location section of the ILT, verify that the mandatory information on the label is clearly and prominently displayed and readily discernible to the purchaser or consumer under the customary conditions of purchase and use.
5. Using the information in the Bilingual Labelling section of the ILT, verify that the mandatory information is displayed in both official languages, that is, French and English (some exemptions may apply).

6.2.3 Verify additional or voluntary information

Information that is provided voluntarily on food labels or in advertisements is often referred to as a claim. Voluntary information includes information presented in written or pictorial form on the label or in advertising.

1. Verify that all claims on the label are truthful, not misleading nor likely to create an erroneous impression, and that they are in compliance with any specific requirements that exist for a given type of claim
2. For all other claims, refer to the Claims and Statements section of the ILT
3. For many claims that are not subject to specific regulatory requirements, consult the General Principles for Labelling and Advertising page in the ILT to assist in assessing the compliance of the claims with subsections 5(1) of the FDA and 6(1) SFCA.

6.2.4 Determine if an in-depth review is required

A further in-depth review may be required and additional level 2 commodity inspection tasks may be included for the following mandatory label information:

1. List of ingredients: Involves the verification that the ingredients are declared in descending order of proportion by weight and that ingredients are present in the allowable amount. Refer to Operational procedure: Food ingredient verification
2. Net quantity: Involves the verification of the net quantity declaration on the label of a consumer prepackaged foods to ensure that is within the tolerances required by the regulations. Refer to Operational procedure: Food Net Quantity Verification
3. Nutrition labelling: Involves the verification of the accuracy of the Nutrition Facts table (NFt). Refer to Operational procedure: Food nutrient content and claims verification
4. Nutrient content and health claims: Involves the verification of any nutrient content claim or health claim according to regulatory requirements. Refer to Operational procedure: Food nutrient content and claims verification
5. Grades: Involves the verification of any mandatory and voluntary grades declared on the label. Refer to the commodity specific grade verification documents.

6.2.5 Categorize non-compliance

Prior to determining non-compliance, verify if the product is a food for which an exemption to sell a test market food, referred to as test market authorization (TMA) has been granted or if it has received a temporary marketing authorization letter (TMAL) (Refer to Appendix 1). If a non-compliance is identified related to food labelling and advertising, consult the Operational Guideline: Guidelines on categorizing labelling and advertising non-compliance and timeframes for correction (accessible only on the Government of Canada network – RDIMS 9912657).

Consult the SIP section 4.5 - Determine if immediate control action is required. If any product action is deemed necessary (for example: seizure and detention) consult the Standard Regulatory Response Process and the Operational guideline: food regulatory response guidelines.

6.2.6 Capturing notes related to commodity inspection in DSDP

For information on capturing notes relating to commodity inspections in the DSDP, refer to Appendix A section 5.4.1 - Inspection verification activities for preventive control inspections, sample collection, and commodity inspections of the SIP and section 3.5.1 of the DSDP SOP INS – conducting an inspection (accessible only on the Government of Canada network – RDIMS 9839405).

In addition to capturing an accurate description (brand name, common name, net quantity, lot number) of the commodity inspected in the "Commodity Description'' field in DSDP, enter the same commodity description in the "objective evidence'' field along with the non-compliances found so that it appears in the final inspection report.

Save a copy of the assessed label and the labelling requirements checklist, if used to conduct the label verification, in RDIMS and reference the RDIMS number in the "documents" field of DSDP.

6.3 Communicate the results

Refer to SIP, section 5.0, step 3 - Communicate the inspection results.

6.4 Conduct follow-up

Refer to SIP, section 6.0, step 4 - Conduct the follow-up inspection.

7.0 Appendix

Appendix 1: Verification of authorizations

Foods sold in Canada must meet the requirements of the Food and Drugs Act (FDA), Food and Drug Regulations (FDR), Safe Food for Canadians Act (SFCA) and Safe Food for Canadians Regulation (SFCR). In some situations, it is possible for a non-compliant food to be sold under certain conditions. There are two types of authorizations which can be granted to permit the sale of non-compliant food.

1. A temporary marketing authorization letter (TMAL) authorizes the sale of a food that does not meet one or more of the compositional, packaging, labelling or advertising requirements under the FDA and FDR. The authorization is granted by Health Canada (HC) for a specified period of time, within a designated area and in a specified quantity for a specific manufacturer or distributor. A TMAL does not exempt foods from the requirements under the Safe Food for Canadians Act and Regulations, or other food legislation
2. An exemption for selling a test market food, referred to as a test market authorization (TMA), is a type of exemption that is issued by the Canadian Food Inspection Agency (CFIA) for a specified period of time. Companies may request an exemption to sell a test market food that is not in compliance with:
   • bilingual labelling requirements of the FDR and the SFCR, and
   • certain provisions of the SFCR
   The product for which a TMA is issued must comply with all other applicable federal legislation (other than the provision(s) for which it receives an exemption), including the FDA and the FDR.

Documentation

Regulated parties which hold a Safe Food for Canadians licence (SFC licence) are required to maintain a preventive control plan (PCP) ensuring that the food that they manufacture, treat, process, preserve, grade, label and package for interprovincial sale, export and import meet food safety and consumer protection requirements. Documentation demonstrating evidence that measures are effective must be maintained.

Regulated parties that do not hold an SFC licence (for example, intra-provincial sales) must still ensure that the food they manufacture meets other applicable regulatory requirements.

During CFIA compliance activities, the regulated party must be able to demonstrate that their food meets the regulatory requirements. Therefore, the regulated party must have a copy of any TMAL or TMA that is applicable to their food.

Determining compliance

Information to verify the validity of an authorization can be found at the following links:

• Lists of foods that have received temporary marketing authorization letters (TMALs)
• Test markets issued under the now repealed Fresh Fruit and Vegetable Regulations
• The National Centre for Permissions (NCP) is responsible for the issuance of TMAs. Inspection staff may consult the TMA log (accessible only on the Government of Canada network - RDIMS 11425646) to verify the validity of a TMA.

Actions may be taken by the inspector by following the decision-making process found in Tables 1 and 2 depending on the authorization being verified.