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Food and Drug Regulations

Version of section B.01.010.1 from 2016-12-14 to 2019-04-14:

  •  (1) The following definitions apply in this section and in sections B.01.010.2 to B.01.010.4.

    food allergen

    food allergen means any protein from any of the following foods, or any modified protein, including any protein fraction, that is derived from any of the following foods:

    • (a) almonds, Brazil nuts, cashews, hazelnuts, macadamia nuts, pecans, pine nuts, pistachios or walnuts;

    • (b) peanuts;

    • (c) sesame seeds;

    • (d) wheat or triticale;

    • (e) eggs;

    • (f) milk;

    • (g) soybeans;

    • (h) crustaceans;

    • (i) shellfish;

    • (j) fish; or

    • (k) mustard seeds. (allergène alimentaire)

    food allergen source, gluten source and added sulphites statement

    food allergen source, gluten source and added sulphites statement means a statement appearing on the label of a prepackaged product that indicates the source of a food allergen or gluten that is present in the product or the presence in the product of added sulphites in a total amount of 10 p.p.m. or more. (mention des sources d’allergènes alimentaires ou de gluten et des sulfites ajoutés)

    gluten

    gluten means

    • (a) any gluten protein from the grain of any of the following cereals or from the grain of a hybridized strain that is created from at least one of the following cereals:

    • (b) any modified gluten protein, including any gluten protein fraction, that is derived from the grain of any of the cereals referred to in paragraph (a) or from the grain of a hybridized strain referred to in that paragraph. (gluten)

  • (2) If a food allergen or gluten is present in a prepackaged product, the source of the food allergen or gluten, as the case may be, must be shown on the label of the product in

    • (a) the list of ingredients; or

    • (b) in a food allergen source, gluten source and added sulphites statement.

  • (3) Subsection (2) does not apply to a food allergen or gluten that is present in a prepackaged product as a result of cross-contamination.

  • (4) Subsection (2) does not apply to a to a food allergen or gluten that is present in a prepackaged product referred to in paragraphs B.01.008(2)(a) to (e) unless a list of ingredients is shown on the product’s label.

  • (5) Subsection (2) does not apply to a food allergen or gluten that is present in a prepackaged product for which a standard is prescribed by section B.02.130 or B.02.131 unless a list of ingredients is shown on the product’s label.

  • (6) The source of a food allergen required to be shown under subsection (2) must be shown

    • (a) for a food allergen from a food referred to in one of paragraphs (a), (b) and (e) of the definition food allergen in subsection (1) or derived from that food, by the name of the food as shown in the applicable paragraph, expressed in the singular or plural;

    • (b) for a food allergen from the food referred to in paragraph (c) of the definition food allergen in subsection (1) or derived from that food, by the name “sesame”, “sesame seed” or “sesame seeds”;

    • (c) for a food allergen from a food referred to in one of paragraphs (d) and (f) of the definition food allergen in subsection (1) or derived from that food, by the name of the food as shown in the applicable paragraph;

    • (d) for a food allergen from the food referred to in paragraph (g) of the definition food allergen in subsection (1) or derived from that food, by the name “soy”, “soya”, “soybean” or “soybeans”;

    • (e) for a food allergen from a food referred to in one of paragraphs (h) to (j) of the definition food allergen in subsection (1) or derived from that food, by the common name of the food referred to in column II of item 6, 23 or 24 of the table to paragraph B.01.010(3)(a), whichever is applicable; and

    • (f) for a food allergen from the food referred to in paragraph (k) of the definition food allergen in subsection (1) or derived from that food, by the name “mustard”, “mustard seed” or “mustard seeds”.

  • (7) The source of gluten required to be shown under subsection (2) must be shown

    • (a) for gluten from the grain of a cereal referred to in one of subparagraphs (a)(i) to (v) of the definition gluten in subsection (1) or derived from that grain, by the name of the cereal as shown in the applicable subparagraph; and

    • (b) for gluten from the grain of a hybridized strain created from one or more of the cereals referred to in subparagraphs (a)(i) to (v) of the definition gluten in subsection (1) or derived from that grain, by the names of the cereals as shown in the applicable subparagraphs.

  • (8) For the purpose of paragraph (2)(a), the source of the food allergen or gluten must be shown in the list of ingredients, in parentheses, as follows:

    • (a) immediately after the ingredient that is shown in that list, if the food allergen or gluten

      • (i) is that ingredient,

      • (ii) is present in that ingredient, but is not a component of or present in a component of that ingredient, or

      • (iii) is, or is present in, a component of that ingredient and the component is not shown in the list of ingredients; or

    • (b) immediately after the component that is shown in the list of ingredients, if the food allergen or gluten is that component or is present in that component.

  • (9) Despite subsection (2), the source of the food allergen or gluten must be shown on the label of the product in the food allergen source, gluten source and added sulphites statement if the food allergen or gluten

    • (a) is, or is present in, an ingredient that is not shown in the list of ingredients, but is not a component of that ingredient or present in a component of that ingredient; or

    • (b) is, or is present in, a component and neither the component nor the ingredient in which it is present is shown in the list of ingredients.

  • (10) Despite subsection (8), the source of the food allergen or gluten is not required to be shown in parentheses immediately after the ingredient or component, as the case may be, if the source of the food allergen or gluten appears

    • (a) in the list of ingredients

      • (i) as part of the common name of the ingredient or component, or

      • (ii) in parentheses, under subsection (8), immediately after another ingredient or component; or

    • (b) in the food allergen source, gluten source and added sulphites statement.

  • (11) For greater certainty, nothing in subsection (8) affects how an ingredient or component may be shown in the list of ingredients under paragraph B.01.010(3)(b).

  • SOR/2011-28, s. 4
  • SOR/2016-305, ss. 7, 72
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