Plant products and Canadian regulations: food for thought
For several years now, we have been observing an increased diversification of the products offered to consumers in grocery stores. One of the trends that is gaining in popularity every year is plant-based foods. Indeed, it is now possible to find on the shelves of our supermarkets a wide range of products such as faux-mages, minced meatless, vegan fish fillets, vegetarian sausages, vegetable drinks, vegetable delicacies and many others. However, it is important to remember that the labels of plant-based products are also subject to Canadian regulations and that a good knowledge of the rules will help avoid misuse. Let’s take a look at some cases under the regulatory microscope.
The common name
Case 1
Our plant product prototype is now ready and we are only a few steps away from launching it on the market. I need to name my product. What are my options? Are there any elements I should focus on?
Many of the plant-based products on the market have similar taste, texture and appearance characteristics to products containing animal protein. Therefore, the company will want to choose a product name that will allow consumers to clearly identify and distinguish it from other products. However, it is not always that simple.
Currently, there are established standards for products such as sausages, meat burgers, meatballs, bacon, milk, cheese and fish sticks, to name a few. These foods are called “standardized” foods; that is, the Food and Drug Regulations (FDR) and the Canadian Food Safety Regulations (CFSR) prescribe specific criteria for these particular products.
It is therefore important to know that there are defined criteria for different categories of products. This information is crucial to guide the choice of the name of the plant product. For example, a vegetable product cannot be named only “cheddar cheese” or “cheddar” because cheddar cheese, according to the standard, must be made of milk. Thus, the common name chosen by the company must not be confusing and it must be evocative enough to indicate to consumers that it is not the food it imitates or replaces.
Case 2
We want to develop plant-based products that are reminiscent of cooked sausage, lunch meat and meatloaf. Could these plant-based products be considered as meat or poultry substitutes?
According to current regulations, meat and poultry products must have the physical and nutritional characteristics of meat or poultry, but must not contain any meat or poultry.
In Canada, one of the rules is that the name for a simulated product must state “simulated (name of meat or poultry)” on the label. In addition, the words “contains no meat” or “contains no poultry” must appear in close proximity to the common name, be prominently displayed and in a font as large as that used for the common name of the product. In this way, consumers will be informed of the true nature of the food.
What about the common name of simulated chicken? Actually, its real name is “simulated-chicken meatloaf” and it’s something else entirely, so it’s important not to confuse it. It is a meat product that is subject to its own rules.
Fortification
Case 3
I am developing a recipe for my plant-based product. Do I need to fortify my product with vitamins, minerals and amino acids?
Fortification is a way in which vitamins, mineral nutrients and amino acids are added to foods to provide consumers with sufficient amounts of certain nutrients in their diet.
Not all foods are subject to mandatory or discretionary fortification.
In fact, there is currently a list of products for which this is the case. In addition, the standards for these foods specify the elements required for fortification and the acceptable amounts.
For example, meat and poultry simulated products must be fortified with vitamins, minerals and/or amino acids according to the FDR. These finished products must contain the specified amounts of each component. In some cases, the addition of the element may not be necessary; that is, the nature of the food may mean that it already contains the required amount. Only an analysis of the nutritional profile of your product will determine this.
Also, keep in mind that the addition of certain vitamins and minerals may trigger their declaration in the list of ingredients and their display in the Nutrition Facts table.
The allegations
Case 4
Do we want to put certain information on our label? Are there any regulatory elements that could influence my marketing strategy?
When it comes to claims, plant-based products are no exception. The labels of these products can display them, as long as they respect the regulatory framework. Claims can be used to define and emphasize certain attributes of your product. The company may wish to make claims related to protein, such as “high quality protein” and “complete protein”. The criteria for the use of these claims have elements to consider.
“High quality protein”
This claim is simply not permitted on labels because “high quality protein” is not an acceptable and existing claim under the FDR. This claim could imply to consumers that the protein in question is of better quality than other proteins with the same characteristics.
“Complete protein”
Complete protein versus incomplete protein? The notion of complete protein is usually attributed to the presence of all essential amino acids in the protein. From a regulatory point of view, this notion no longer holds.
It is only possible to display the claim “complete protein” when the finished product meets the criteria for the nutrient content claim “protein sources”. In addition, the display of the “complete protein” claim automatically triggers the display of the “source of protein” claim.
Good thinking ahead
Lifestyle for some or curiosity for others, the trend towards plant-based products does not escape the regulations in force and their labelling must also be compliant. From the formulation of the plant-based product to the creation of the label and the advertising matrix, several regulatory elements must be validated.
Certain requirements may have an impact on the information and statements that must be displayed on a label, such as the common name, the nutritional profile, the nutritional value table, the list of ingredients, the display of statements related to the use of claims, for example.
There are many questions. Does my imitation meat product meet the required nutritional characteristics? If my product is to be fortified, what quantities of vitamins, minerals and amino acids should be added? Do I need to have the nutritional profile of my product analyzed? If these questions, or others, are causing you headaches, Group Export’s Labelling and Regulatory Advisory Service will be able to assist you in these considerations.
For your information: The Canadian Food Inspection Agency (CFIA) consulted with Canadians in late 2020 to obtain information related to proposed updates to the guidelines for similar meat and poultry products.
The proposed updates to the guidelines are intended to clarify what constitutes a simulated meat or poultry product under the Food and Drug Regulations and the Canadian Food Safety Regulations.
The CFIA’s current guidelines on simulated meat and poultry products apply to products that are manufactured to resemble meat or poultry products. An example is plant-based hamburgers that resemble beef hamburgers using ingredients that simulate the red color or marbling effect of animal-based meat. The Agency also recognizes the need to update the guidelines to include food products that are plant-based proteins that are not intended to resemble or replace a meat or poultry product. Examples include tofu burgers, lentil loaves or soy patties that are properly identified.
The Labelling and Regulatory Advisory Service will keep you informed of the results of the consultation. In the meantime, you can find the current guidelines in the Labelling Tool for Industry – Labelling Requirements for Meat and Poultry Products.
Note : This article only provides an overview of some of the regulatory elements. Full details of these can be found in the Food and Drug Regulations and the Canadian Food Safety Regulations.