Regulatory Affairs: Greening the Label

Claims related to meat and poultry products that are raised via “natural” production methods are subject to scrutiny under the Canadian Food Inspection Agency (CFIA), which requires a protocol be established so that these types of claims can be substantiated. Such claims cannot be made without first doing a lot of homework, and meats cannot just be declared as “natural.” The unfortunate thing here is that the CFIA’s label office currently scrutinizing such claims is to be shut down sometime in the near future.

It’s rare to find a food claimed to either contain or not to contain a genetically modified ingredient. One reason is that in order to make a claim for the absence of genetically modified ingredients producers must follow the national standard, Voluntary Labelling and Advertising of Foods That Are and Are Not Products of Genetic Engineering, as published by the Canadian General Standards Board. This standard contains a number of very onerous conditions. Here too it is not a free for all.

Foods are also subject to the Canadian Environmental Production Act (CEPA), at least in part. The focus of food is obviously on the immediate health of Canadians, but it is more than just that. Novel foods, including those that are not genetically modified, may be subject to CEPA. New food additives are subject to CEPA as well. Eventually all food additives will be re-examined in view of their accumulation in the environment outside of our intestines! The idea of health is broadening to include the environmental, and as a result being green is not so easy.

In contrast to making health claims, environmental claims are generally viewed by Canadian officials primarily in the context of preventing deception. While the same is true for health claims, the emphasis is to control the health message and promote better eating practices by Canadians. A shift in thinking along the same lines would be of benefit in the case of green claims, with the emphasis on encouraging better stewardship of our environment. Without a strong commitment from Canadian officials the true value of such claims cannot be realized. Without a seamless approach from both federal and provincial authorities green messages could be confusing. And without better governance of claims for non-food products, the value of green claims overall will be weakened.

Gary Gnirss is a partner and president of Legal Suites Inc., a Mansfield, Ont.-based firm specializing in regulatory software and services. E-mail: president@legalsuites.com