Bill C-283 (Historical)

An Act to amend the Food and Drugs Act (food labelling)

This enactment specifies the type of information that is to be provided on the labels of imported and prepackaged food and food sold for immediate consumption.
It also establishes criteria for labelling using words or pictures.

Food and Drugs Act

[Christiane Gagnon, Bloc, Québec, QC]

Mr. Speaker, I rise today as the Bloc Québécois health critic to address this important issue .

The hon. member for Scarborough Southwest is introducing Bill C-283, An Act to amend the Food and Drugs Act (food labelling). The health of Canadians is important to him. He has been working on this for 10 years now. His efforts have been fruitful since Health Canada announced the recommendations on nutritional labelling in 2000. A number of these recommendations were based on his studies and bills he introduced in this House.

Since December 12, 2005, we have been able to read nutritional information to make more informed decisions about the food we eat. There are now tables that list 13 nutrients. This informs the consumer on the amount of calories, fat, saturated fat, trans fat, cholesterol, sodium, carbohydrates, fibre, sugar, protein, vitamin A, vitamin C, calcium and iron in their food. This additional information can now be found on every product we buy. Canada's Food Guide to Healthy Eating, gives us supplemental information on the best nutritional value available.

This bill raises a number of questions. We support the principle behind it, which is to better inform consumers about what they are eating and to go beyond that.

However, the bill before us contains measures that raise some questions. It seeks to subject meats, poultry and raw seafood to current labelling standards. It requires restaurants and food services to post selected nutritional information. It also makes it mandatory to list the percentage of each ingredient in a food, particularly any fruits, vegetables or grains emphasized on the packaging. We know that food consumption habits change: people are eating in restaurants and buying variety packs more often.

This bill is not new; this is the third time it has been introduced. In March 2004, it was referred to committee, and my colleague from Hochelaga—who was then the health critic—led the adoption of a motion to hold a round table on the bill so that industry and health experts could discuss it and offer some recommendations. However, the 2004 election prevented the consultation from taking place, so we got no recommendations and no report. This is why we support the bill. It would enable us to get a lot more information to help clarify the elements targeted by this bill.

As you know, the Bloc Québécois has always demanded greater transparency in food labelling. On the basis of the principle that consumers have the right to know what they are buying, I cannot oppose a bill that would enable them to better manage their food choices.

I would like to point out, however, that certain questions remain regarding some of the details and provisions of this bill. This remains an important issue, nonetheless, which is why I hope this bill will pass the second reading stage and be referred to the Standing Committee on Health. That committee will then be in a position to examine the provisions of the bill more carefully and recommend the appropriate amendments.

Given the federal government's constitutional responsibilities, the committee must give this bill priority, in order to ensure that we have all the necessary information about the issues in question.

The committee also looks at the whole issue of obesity and therefore nutrition. Accordingly, this bill could play a role in this desire to provide the public with better nourishment and more information about the quality of the food we eat.

I will now review each of the provisions contained in this bill and express some reservations about them. These issues could, of course, be examined more closely in committee.

First, as for the general intent of the bill, I would remind the House how important it is to fight against unhealthy eating. Food labeling cannot change everything and the fight against unhealthy eating must be part of a more comprehensive approach focussing on education. As we all know, however, nutrition education is a matter of provincial and territorial jurisdiction.

Giving consumers more information certainly could not hurt, but it is difficult to gauge the exact impact of such a measure. Furthermore, the Heart and Stroke Foundation of Canada believes firmly in the effectiveness of such a measure, as demonstrated by its "Health Check" campaign, through which foods that meet certain criteria are identified with a special symbol.

Questions remain regarding the application of proposed regulations on meat, poultry and raw seafood. I wonder whether it is possible to measure the nutritional value of each piece. Many factors are at play, such as how the animal is fed, the cut, and fat content, among others.

Yes, it would be hard to ask every butcher to calculate the nutritional value of every cut of meat being prepared. However, the statistics already exist and certainly it would be possible to find a happy medium without requiring the butcher to conduct in-depth analyses.

The purpose of all this is to give the consumer more information and I am convinced that is possible. This will certainly be discussed in committee.

The provision in this bill requiring that the percentage of ingredients used in food products be indicated does not seem an insurmountable problem. However, at the round table meeting, industry representatives said they are worried that such a measure will only open the door to violating intellectual property. Further consideration must be given to see what provisions could be implemented to respond to their concerns. Other countries have already passed such legislation, namely Australia, New Zealand, South Africa, Thailand and the nations of the European Union. We could look at their legislation and see how it could apply here and how their industry sectors have dealt with the new legislation in effect there.

Finally, perhaps the most controversial measure in this bill is requiring restaurants and food services to post nutritional information on their menus.

In this regard, I would like to point out that voluntary disclosure measures have never worked very well. The case of tobacco shows us that industry is always capable of adapting to such measures even if they opposed them at the outset.

However, we must also question whether or not certain restaurants will be able to comply with such regulations. Can the corner snack bar or the trendy restaurant that changes its menu every day implement these measures?

In this regard, we must not ignore the interests of restaurant owners. Once again, I am anxious to find out how our committee can make some improvements.

We know that poor nutrition is a far-reaching problem that exerts tremendous pressure on the Quebec and Canadian health care systems. Thus, it is important to determine how more comprehensive labelling rules could help fight the problem of poor nutrition.

Before closing, and given the member's knowledge of nutritional labelling, I would also like to point out that it would have been important for this member to take one more issue into account in this bill.That is the issue of mandatory labelling for GMOs, a policy not yet adopted by Canada. The committee should also study what could be done about GMO labelling.

Along the same lines, consumers are not always able to identify products containing real milk products. The committee should examine this aspect as well.

[Steven Fletcher, Conservative, Parliamentary Secretary to the Minister of Health]

Mr. Speaker, we are here today to discuss a private member's bill, Bill C-283. Bill C-283 proposes amendments to the Food and Drugs Act that would make nutrition labelling mandatory on raw single ingredient meat, meat byproducts, poultry meat, poultry meat byproducts, and marine and freshwater animal products. Products would be exempted if the sales are below a certain amount, provided the label contains no nutrition or health claims. For simplicity, let me refer to these products as raw single ingredient animal products.

Bill C-283 would also require that for foods sold for immediate consumption, information on calories, the amounts of sodium and the sum of saturated and trans fats per serving be provided on the printed menu. If the menu options are set out only on a menu board, only the number of calories would have to be indicated on the board, and the sodium and fat nutrition information would have to be provided to customers upon request. When food is sold in two or more flavours or in bulk or buffet formats, the nutrition information would be required to appear beside the name of the food on the receptacle from which the product is sold in bulk or buffet format, beside the name of each flavour or beside the general name of the food as appropriate.

I note that Bill C-283 proposes to require the same nutrition information for raw single ingredient animal products that is required for prepackaged foods under the regulations published by Health Canada in January 2003, which came into effect in December of 2005. These regulations exempt raw single ingredient unground meats, meat byproducts, poultry meats, poultry meat byproducts, and marine and freshwater animal products from carrying a nutrition facts table unless nutrition or health claims are made for them.

These exemptions were included because of the lack of representative data on the nutrition composition for these products that takes into account the sources of variability, such as season, species, feed or trim level. Lack of such data presents a risk of mandating the provision of inaccurate information to consumers.

Since nutrition labelling is mandated on comparable products that are prepared in processing plants, such as raw seasoned meats, it is expected that major cuts of raw single ingredient meat and poultry meat that are packaged in plants will be voluntarily labelled if satisfactory data is available.

In regard to the proposal in Bill C-283 to require certain nutrition information on printed menus, menu boards and adjacent to food for immediate consumption sold in bulk or buffet formats, I note that the Canadian Restaurant and Foodservices Association recently developed voluntary guidelines for providing nutrition information to consumers. This voluntary program will provide consumers with nutrient values that are consistent with the core nutritional label information required for packaged foods and will include calories, fats, such as saturated and trans fats and so on, cholesterol, sodium, carbohydrates, including fibres and sugars, and protein content of standard menu items.

Since the February 2005 launch of the nutrition information program, more than 25 of the major restaurant chains, representing about 40% of all chain establishments, have committed to implementing these guidelines. Many of these chains have already completed this process and are already providing nutritional information to their customers. The guidelines state that nutrition information be made readily available to restaurant consumers through in-store brochures or pamphlets and that the availability of the nutrition brochure will be predominantly displayed on menus, menu boards and such vehicles as takeout and home delivery packages.

In general, the chains that are making progress in implementing the voluntary guidelines are the larger firms who have some access to the expertise required to do so and these appear to be the target of Bill C-283.

The voluntary program has the potential to provide consumers with the important nutritional information without the need for new legislation which would be expensive and burdensome to implement. The voluntary guidelines may provide consumers with information that goes beyond the requirements of Bill C-283 while avoiding the need for complex and costly governmental regulatory and enforcement programs. It would therefore seem prudent to allow the voluntary program time to work and to assess its effectiveness.

Bill C-283 proposes to exempt persons whose establishments or vending machine business has a total revenue of less than $10 million from the sale of food including income from all subsidiaries and franchises. The intention may be that the bill would only apply to those chains with standardized menus and highly controlled production facilities, since these are the minimal conditions for providing reliable nutritional information. However, the bill would also apply to hotel chains, many of which have independent restaurants with their own menus and with more variable conditions of production.

A further concern is the fact that at present restaurants and food service establishments typically fall under provincial jurisdiction and inspection is the responsibility of the provinces. Consequently, there would be a need for consultation with the provinces and territories. Bill C-283 would create heavy additional inspection requirements either for the provinces, if they agree to undertake the work, or for the federal inspectors and laboratories if they do not. No federal inspection system currently exists at the restaurant level which represents thousands of establishments across Canada.

Finally, Bill C-283 contains exemptions based on the dollar volume of sales. It proposes exempting from its requirements for raw single ingredient meat, poultry, or marine and freshwater animal products, persons with gross annual revenue of less than $500,000 from the sale of the same food, provided no nutrition or health claims are made for the product. It also proposes to exempt from its requirements food sold for immediate consumption by persons whose establishment or vending machine business has a total annual revenue of less than $10 million from the sale of food including income from all subsidiaries and franchises. This introduces an economic aspect totally absent from the Food and Drugs Act which would need to be assessed.

The government recognizes the importance of nutritional labelling in assisting Canadians to make healthy and informed choices about the foods they eat. This is why Health Canada introduced improved nutritional labelling regulations which became mandatory on most prepackaged foods in December 2005.

Health Canada is also currently working with industry and other stakeholders to find practical ways to develop reliable nutritional information for consumers about specific meat cuts and to determine the best means to assist consumers in making informed choices when eating away from home.

The government remains committed to helping Canadians continue to maintain and improve their health. I commend the intent of Bill C-283 in this regard; however, a number of initiatives are already underway which address the intent of Bill C-283 as I have already described. These initiatives should be allowed to bear fruit without the need of potentially costly and burdensome legislated requirements. Those are my remarks and I look forward to continue this very interesting debate.

[Tom Wappel, Liberal, Scarborough Southwest, ON]

moved that Bill C-283, An Act to amend the Food and Drugs Act (food labelling), be read the second time and referred to a committee.

Mr. Speaker, since 1989, I have been working to provide consumers with information from which they can make more informed food choices. Today I will go to bat again for Canadian consumers by proposing modest but sorely needed measures to ensure they have important health-related information about many of the processed and restaurant foods we eat every day in this country.

Diet-related disease is steadily straining our health care services and, if unchecked, will create staggering demands on our future capacity to fund public health care and become an unnecessary drag on our economic growth which also limits our capacity to finance health care.

The need to better address preventable chronic, non-communicable diseases has been acknowledged in three consecutive Liberal speeches from the throne. The Liberal, Conservative and NDP provincial governments all agreed with the federal government on the need to tackle diet-related and other chronic diseases in the communiqué of the September 2004 first ministers conference on health care and four recent communiqués of the federal-provincial-territorial ministers of health.

Diet-related disease is an urgent public health problem in this country. Heart disease, stroke, certain forms of cancer, diabetes, osteoporosis and dental health all have links to diet that are well recognized by scientists. For instance, the diet-related cases of cardiovascular disease, diabetes and certain forms of cancer costs the Canadian economy $6.6 billion annually due to health care costs and lost productivity.

Diet-related risk factors for disease shorten the average Canadian's healthy life expectancy by nearly five years and prematurely ends the lives of tens of thousands of Canadians every year, to say nothing of the pain and suffering these preventable diseases inflict upon victims and their families.

These days, precious few Canadians grow, prepare or even cook their own food any more. It is unthinkable that we should be eating food without knowing its contents. When the Liberal Party formed government we promulgated mandatory nutrition labelling regulations for most prepackaged foods, which the media dubbed the gold standard, globally. However when it comes to ingredient information on processed food and nutrition information on labels of fresh cut meat and restaurant menus, Canadian law and industry practices are little better than any other country and much worse than many.

Agriculture and Agri-Food Canada estimates that those new labels that were passed will reap $5 billion in benefits to the economy as a whole from reduced health care costs and increased productivity over the next two decades. These benefits are 20 times the cost to the industry of modifying food labels. Canadians should not pass up an opportunity to save the health care system more than $2 billion over the next two decades.

Bill C-238 can be implemented even less expensively than the new nutrition labelling regulations because it only requires nutrition information for a small number of national chain restaurants that typically have standardized menus. Many chains have already done the analysis. Plus, my bill permits meat packers to use common, government-approved nutrition databases and it only requires readily available ingredient composition data on processed food labels.

Nearly 30 groups, collectively representing over two million Canadians, support the measures in the bill. In the past two years, support for one or more of the three components of Bill C-283 has been articulated in expert reports published by the Canadian population health initiative of the Canadian Institute for Health Information; two reports of the U.S. Institute of Medicine, an expert body upon which Health Canada often relies for scientific advice; the chief medical officer of health for Ontario; a call for action by the Heart and Stroke Foundation of Canada; an editorial in the Canadian Journal of Public Health of the Canadian Public Health Association; an advocacy statement of the British Columbia Healthy Living Alliance; and a report commissioned by the British Columbia Cancer Agency and the Canadian Cancer Society of British Columbia and Yukon.

The Canadian Food Inspection Agency initiated consultations on a proposal to establish a watered down form of my proposal requiring percentage ingredient disclosures on products that, for instance, promote blueberry pancakes which, in fact, contain little or no blueberries. The fact that the CFIA abruptly discontinued consultations on even that modest proposal illustrates the need for Parliament to step in.

By introducing Bill C-283 I am seeking to achieve three objectives: first, to close a loophole in the new nutrition labelling regulations for packers of fresh meat, poultry and seafood; second, to extend a simplified nutrition disclosure requirement to large chain restaurant menus and menu boards; and third, add a requirement that multi-ingredient processed foods disclose the amount of key ingredients, especially for ingredients that are the subject of marketing claims or for ingredients that are known by the scientific community to have protective or causative effects on major disease risks. In short, it facilitates informed purchasing decisions, not uninformed or increasingly ill-informed food purchases.

Statistics Canada says that Canadians spend about 30% of their food budgets on restaurant meals. McDonald's restaurants alone claim to serve an average of three million Canadians every day. Plainly, it is no longer an occasional treat to eat at restaurants but rather a central feature of daily life in Canada and yet we rarely see any nutrition information on restaurant menus or menu boards.

It became clear to me and some of my colleagues that the costs of even chemical analysis would be less than a penny on the price of enough food to feed a family of four in a typical faster food restaurants and cheaper by half to calculate such information from existing databases.

Some industry efforts, though encouraging, are not really effective, whether by accident or design. For instance, McDonald's restaurants now provide nutrition information on the back or the underside of tray liners. Imagine, on the back or the underside, for heaven's sake, instead of on the menu boards where the information could actually be used by consumers before they make their purchases, or even on the front of the liner so they could read about what they are eating to help them make more informed choices for their next meal.

Some restaurant owners made the outlandish argument that menus would have to be modified to accommodate every conceivable special order that a consumer could make, such as extra sauce, pickles on the side, with or without cheese, shared orders, et cetera. However, menus at Subway, White Spot and Extreme Pizza, companies that emphasize made to order foods, found a way to report at least some useful nutritional information to consumers, despite the alleged difficulties. Without such information, even trained nutritionists consistently err in estimating calorie counts from physical appearance only.

My bill also proposes to mandate that manufacturers of processed foods show on labels the percentage by weight of key ingredients. This information will help consumers choose more nutritious products, say, products with more fruits or less added sugars. Requiring this information will also help protect consumers against deceptive ingredient claims by unscrupulous manufacturers that tout the presence of appealing ingredients, like vegetables or whole grains, but actually put very little of those ingredients in the product.

Percentage ingredient labelling rules are in effect in Thailand, the European Union, New Zealand and Australia. The Canadian Food Inspection Agency acknowledged the need to establish percentage ingredient labelling requirements. However the CFIA's now dormant proposal leaves open many avenues for consumer deception about ingredient composition and fails to require disclosures that would effectively aid consumers in selecting more nutritious products. My bill does not suffer from the same defects.

Health Canada and Agriculture and Agri-Food Canada have already done a thorough job of demonstrating the need for nutrition labelling on prepackaged foods, in the regulatory impact analysis that accompanied the amendments to the food and drug regulations promulgated in January 2003. An exemption for fresh meat, poultry and seafood appears to have been granted in response to claims by several industry associations in 2000 that it would take four to five years to generate nationally representative nutrition data tables for various cuts of meat and species of seafood.

For years, Health Canada and various Canadian industry associations have published such data. Six years have passed. Bill C-283 would provide all parties yet another two years to refine their data in any ways necessary. Without such nutrition information, how many Canadians would know that a three ounce serving of trimmed, broiled top round beef steak has only about one gram of saturated fat while a three ounce serving of trimmed, broiled shoulder blade pork steak has four grams of saturated fat, a full four ounce difference in saturated fat content between two cuts of meat the same size, a difference that is not evident from visual inspection or even taste?

The House may recall that in a previous Parliament, a Conservative member who is now a minister of the Crown, the Minister of Veterans Affairs, spoke very favourably about an earlier version of this bill. He said:

What the member is attempting to do would be very difficult to argue against...We are concerned with the health of Canadians. They have a right to know what they are eating. It would serve the purposes of a lot of people in Canada if we could find a way to adopt this legislation. Details have to be fleshed out in committee. We support moving Bill C-398 on to the next logical step.

I hope all members of the Conservative government will demonstrate the same good sense as that hon. member. I hope members will not prevent Canadians from getting the vital nutrition information they sorely need to make healthy food choices for their families and themselves.

The scientific basis for requiring that this information be provided to consumers is tried and true. The scientific consensus is that Canadians should consume more fruits, vegetables, whole grains, legumes and beans, and less sodium, added sugar, saturated and trans fat and, for most of us, fewer calories.

By now, I think and hope, the food industry has seen the writing on the wall. I urge my friends on both sides of the House to ensure that this writing ends up where it should be and where it can do the most good: on the food labels and the menu boards. I urge them to support this bill by sending it to the health committee for in depth study with a view to improving the bill for the benefit of all Canadians.

[Tom Wappel, Liberal, Scarborough Southwest, ON]

moved for leave to introduce Bill C-283, An Act to amend the Food and Drugs Act (food labelling).

Mr. Speaker, this is the 39th Parliament's version of this bill, which I introduced in the last two Parliaments. It follows on a previous bill that I had which eventually resulted in mandatory nutritional labelling in Canada.

This bill would extend that to provide nutritional information at fast food outlets and other places where Canadians eat so that they could make the appropriate choices after they had the appropriate information. It would also provide for information to be properly described when using words or pictures in terms of the contents of food.

(Motions deemed adopted, bill read the first time and printed)