Toxic Substances and International Alignment: Considerations for Food Manufacturers
Most Canadians will remember Bisphenol A (“BPA”) for making headlines a decade ago. In 2008 studies found that BPA, a chemical best known for its use in hard plastic containers, leached out of these plastics when heated. When this was first discovered, Health Canada initially stated that this was of no concern to Canadian consumers. Shortly thereafter, Health Canada modified its guidance to note that newborns and infants were at risk if exposed to heated plastics containing BPA. Today, Canada regulates the use of BPA for newborns and infants by making it illegal to manufacture, import, advertise or sell polycarbonate baby bottles, and discourages the use of BPA-packaging for infant formulas. Consumers are generally more wary of products containing the chemical and are encouraged to microwave foods in food-safe containers, avoid storing foods in plastics that are not food grade, and avoid visibly damaged or stained containers. What was once considered a common component of plastic packaging became less common in the marketplace, following a risk assessment and research by Canadian regulators with consumer safety in mind.
The science around synthetic chemical compounds, especially those in contact with, or directly within, food, is constantly evolving. This is a good thing. But it also means that what was once deemed acceptable in a food product may no longer be viewed as food safe.
Typically, Canada is aligned with international regulators on the regulation of toxic substances. Yet, this is not always true. What is considered toxic in one country may not be considered toxic in another country. The following two examples help illustrate the discrepancies that may exist between Canada and the European Union:
Canada sometimes deems something toxic that the European Union does not. On April 2, 2022 the Canada Gazette, Part I announced plans to add the substance “benzophenone” to the “List of Toxic Substances” under Schedule 1 of the Canadian Environmental Protection Act, 1999. This substance has never been approved as a food additive in Canada but was permitted for use as an additive in paints, coatings, stains, fragrances, printing materials, adhesives, and sealants. Despite this guidance in Canada, the exact same substance is permitted as a flavouring agent in food in the European Union and is authorized as an additive/ polymer production aid in food contact materials.
Alternatively, the European Union may deem something as toxic that Canada does not. In May 2021, the European Food Safety Authority (EFSA) released an opinion stating that titanium dioxide can no longer be considered safe as a food additive due to the risk of genotoxicity, or the chemical’s ability to damage DNA. Titanium dioxide made headlines again in July of 2022 when a class action lawsuit was filed in the United States against Skittles for containing titanium dioxide – a chemical compound which some consumers found to be “unfit for human consumption.” Despite this lawsuit, the Food and Drug Administration (“FDA”) in the United States maintains that titanium dioxide does not pose a safety concern provided the quantity in food does not exceed the maximum allowable limit. Britain and Canada agree with the FDA; in Canada, titanium dioxide is permitted as a food additive, and Health Canada’s Food Directorate noted that, in 2022, there exists no conclusive, scientific evidence that this chemical presents a concern for human health.
For food manufacturers, the competing international guidance can be confusing, and appear inconsistent. What is considered toxic, to what level does something become toxic, and who considers something toxic (or not) can vary from place to place. This presents a remarkable challenge for manufacturers and distributors that operate on the global stage, as they must stay on top of the regulatory framework for toxic substances and food additives to ensure compliance in each country. Beyond toxicity, Canada (and most other countries) also has rules that set forth limits and uses of various ingredients and food contact materials, that can be found in a constellation of policy, legislation and subsequent regulations.
In Canada, the “List of Toxic Substances” is the primary source to determine if a substance is toxic. It can be found in Schedule 1 of the Canadian Environmental Protection Act, 1999. The Canada Gazette frequently publishes additions, modifications, and changes to this list.
If you are a company looking to import into Canada, or you conduct work related to packaging or co-packing, and require assistance reviewing your labels or recipes to ensure compliance with the toxic substance list, or the List of Permitted Food Additives, or if you have any questions related to labelling and packaging, please contact us at info@gsjameson.com.