Food Law: Reflections on the evolution and future of food law

Congratulations to Food in Canada on its 85^th anniversary. It’s an impressive achievement and one that makes the publication older than Canada’s Food and Drug Regulations, which came into force in May 1949. That said, the development of the regulations started 29 years earlier, in 1920, the same year the Food and Drugs Act was first introduced, replacing the Act to Prevent the Adulteration of Food, Drink and Drugs, which was in effect since 1875.

In the decades that have followed, food law in Canada has evolved, adapting to changing consumer demands, industry advancements and shifting government priorities. While some of the most substantial changes occurred in the last three decades, the coming decades may prove even more significant. As new challenges and opportunities arise in the agri-food industry, Canada’s laws and regulations must be able to keep pace.

Consumer focused approach

One of the first major developments in food law was the shift from legislation focused on adulteration and food standards to a more consumer-oriented approach centred around labelling and informed purchasing decisions. This trend continues to this day with the relatively recent changes to nutrition and ingredient labelling and the introduction of front-of-pack nutrition symbols. In today’s digital world, where consumers have access to more information, misinformation and disinformation than ever before, clear, meaningful food labels will be essential to promoting the health and safety of Canadians.

The creation of the Canadian Food Inspection Agency (CFIA) in 1997 heralded another shift in Canada’s approach to food regulation, with an increased focus on food safety and regulations for recalls. Canada took an innovative approach with CFIA by having one agency for food safety, plant protection and animal health. This integrated approach has allowed for a broad view of Canada’s food supply and co-ordinated response to issues such as BSE and avian influenza, which will continue to benefit the industry as new risks emerge across the food supply chain.

More recently, Canada’s food law framework underwent a significant overhaul with the introduction of the Safe Food for Canadians Act and Regulations. The Act includes enhanced compliance and enforcement measures to address unsafe food. It also provides for recognition of foreign food safety systems. It does not, however, create the type of international harmonization of food laws and regulations that some in the industry have long been calling for.

Ron Doering, counsel to Gowling WLG, observes, “Looking back over the 22 years since I started this column, it is remarkable to see how many topics kept recurring. One of these is the issue of regulatory harmonization with the U.S. American multinational companies were surprised to learn we have different laws and couldn’t understand why we didn’t just adopt all U.S. regulations. Over the years, I wrote seven articles on the topic including one titled ‘Canada: not the 51st state’. The issue is not going away, and with the arrival of Trump, it has no doubt taken on a whole new complexion.”

While harmonization may seem like an attractive option to reduce regulatory burden and increase market access, it remains unclear whether the risks outweigh the rewards. Canada has proudly promoted its science-based approach to food regulation and policy and will not lightly cede any responsibility or authority as it relates to food safety.

Agri-food law scholar Dr. Don Buckingham notes, “[As] new food products hit the market—like cellular agriculture food, designer CRISPR technology foods and mycoproteins—new regulations will be required to assess the safety of these products. Government regulators will need to be vigilant to keep up with regulations that will keep the food supply safe and yet capable of being innovative.”

Canadian food law has evolved significantly over the past 85 years and there is no end in sight. Consumer demands, scientific developments and innovation will continue to push the boundaries within our food supply, and with it, our approach to food regulation.

Katrina Coughlin is a partner in the Ottawa office of Gowling WLG, specializing in food and drug regulatory law. Contact her at katrina.coughlin@gowlingwlg.com.

This column was originally published in the Apr./May. 2025 issue of Food in Canada.