Health Canada announced last week that it is amending its new and pending food allergen labeling regulations to include mustard on the list of foods that must be declared in plain language, and must be listed on an ingredient label, even when it’s an ingredient of another ingredient.

As it stands, a company could simply list ‘spice’ or ‘flavouring’ without specifying that mustard is present.

The news is welcome relief for Julie Mototsune, whose 7-year -old son Mark has multiple food allergies, including mustard. “It will make our life easier,” says Mototsune, who has had to put everything from prepared meats to soups to potato chips back on the shelf, because of the word ‘spices’.

Mustard is the only new allergen on the priority list, becoming the eleventh such food (and food additive in the case of sulphites).

Health Canada had also considered onions and garlic, but when officials reviewed the evidence they found people mostly suffered from intolerance or mild allergy to those foods, rather than anaphylaxis, says food allergy consultant Marilyn Allen. While mustard allergy isn’t necessarily widespread, the reactions reported to Health Canada were severe.

Also, “mustard is widely used, it’s widely grown in Canada, it’s a staple spice or flavouring used in manufacturing and in many incidences, can be hidden,” says Allen. Health Canada has also developed new criteria by which new foods can be assessed and potentially added to the priority list in the future.

Alcohol Exemption Lifted

In the proposed regulations, wax coating on pre-packaged produce, which is sometimes made with milk, soy or other allergens, was exempted.

Health Canada has removed this exemption, as well as an exemption on fining agents used in standardized alcoholic beverages (for example, beer, wine, rum, whiskey, and gin). Now all alcoholic beverages will have to declare priority allergens if they are present.

The regulations, which apply to food allergens, gluten and sulphites, are expected to become final in spring of 2010, after which companies will have a transition period (currently set at a year, but subject to change) before all labels must adhere to these regulations.

See Also:

• Exclusive FAQ on New Canadian Rules.
• Ottawa Acts on Food Labeling.
• Discussion on label rules and on Allergic Living write-in.
• Health Canada’s Proposal on Priority Allergens.

The news came as Health Canada outlined some significant changes to regulations governing food allergies, which should become law early next year. The new rules state that these priority allergens must be declared in plain language, and must be listed on an ingredient label, even when they are an ingredient of another ingredient. For example, under current rules, a label could simply say “spice” or “flavouring” instead of clearly specifying that sesame or perhaps mustard is in the product.

The changes follow a Health Canada review of comments that the public, medical professionals, the food industry and other stakeholders put forward about the proposed rules. In addition to mustard becoming the 11^thpriority allergen, the consultations led the department to remove allergy exemptions for fining agents and wax coatings.

Originally, a label on standardized alcohol (such as beer, wine, rum, gin and whiskey) was not going to have to state whether fining agents used in production were derived from eggs, milk or fish, three top allergens. Since the review, all alcoholic beverages will have to declare priority allergens that are present. As well, top allergens in wax coatings on pre-packaged vegetables and fruits, which can be made with milk, soy or other allergens and may contain gluten, must be declared. (This doesn’t apply to bulk produce.)

Health Canada also developed criteria with which it can assess new potential priority allergens in the future. “That is important because that now says there’s a standard to follow,” says Marilyn Allen, a food allergy consultant to Health Canada and Anaphylaxis Canada. The criteria say that when evaluating a potential priority allergen, Health Canada will examine the severity of reactions to a food, the data available on the prevalence of allergic reactions to it, as well as the level of exposure to the food in Canada. Staff will also research what other countries are including on their priority allergen lists.

The addition of mustard to the allergy list is a good example of the process. That allergy isn’t particularly widespread, but reactions that have occurred have been severe, and mustard is used in many products in Canada and is easily hidden behind words like “spice,” Allen says.

The move to include mustard on the priority list will help people with mustard allergy and their families identify what foods are safe to eat. “It will make our lives easier in terms of labeling,” says Julie Mototsune. She’s had to avoid everything from soups to potato chips to prepared meats because of her 7-year-old’s mustard allergy.

Health Canada expects the regulations to become final in Spring 2010, at which point food manufacturers will have an implementation period, which is currently set at a year.

HAVE YOUR SAY ON ‘MAY CONTAINS’

Health Canada is starting public consultations into “may contains” statements on packaged food labels. These are the words that manufacturers use on a label to warn consumers that a product could include trace amounts of one or more allergens.

Although these types of statements can be helpful, as it stands, they can be vague and confusing. Consumers are often left wondering if the allergen really is in the product, or if the company is simply reducing risk of liability.

Health Canada hopes to develop policy that will limit the variety of such statements that can be made, and to develop manufacturers’ guidelines for handling allergens and assessing the risk of cross-contamination. Public online consultations and meetings with consumers, industry, health professionals and allergy organizations across the country were set to begin in November. For more information, visit www.hc-sc.gc.ca, “food and nutrition”.

From the Winter 2010 issue of Allergic Living magazine.
To order that issue or to subscribe, click here.

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See Also: Food Labeling FAQ