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On November 23, 2004, the Canadian Government passed a motion to promote the development of replacements to processed trans fats.[1] The motion targets the enactment of regulation or legislation (within one year) to eliminate processed trans fats by limiting the processed trans fat content of any food product sold in Canada "to the lowest level possible". The motion followed an earlier announcement by the Minister of State for Public Health that Health Canada, in conjunction with the Heart and Stroke Foundation of Canada, would work through a multi-stakeholder task force to find ways to reduce trans fat in Canadian food. Legislation banning trans fats could have the effect of, in essence, eliminating trans fats from processed foods in Canada. It will also have a major impact on food and food-related industries across Canada and on products containing trans fats. Affected industries include: Although the motion in the House of Commons has been popularly characterized as a "ban" on trans fats, the motion itself does not go that far. It evidences an intention to move toward the development of replacement products for trans fats and, ultimately, the enactment of legislation. Issues of taste, product cost and shelf life will be key considerations both in the development of replacement products and a regulatory framework. The goal of the multi-stakeholder task force is to develop recommendations regarding public education, labelling and strategies for the reduction of trans fats and to present those recommendations, along with recommendations for an "appropriate regulatory framework", to Health Canada. If legislation banning or limiting trans fats is enacted, Canada would be only the second country to have done so. In 2003 Denmark enacted regulations to prohibit the sale of processed foods containing more than set levels of trans fatty acids.[2] The food industry has already begun to take measures to address the trans fat issue by changing existing, and investigating new, product formulations. However, a widespread change in food composition has not occurred. Quite apart from the availability and manufacturing feasibility of substitutes for trans fats in processed foods, legal issues, including Canada's international trade commitments under, for example, the North American Free Trade Agreement and various World Trade Organization agreements such as the Agreement on the Application of Sanitary and Phytosanitary Measures, will be critical factors in the development or implementation of any new legislation in this area.Canadian Governement Aims to Limit Trans Fats
[2]. The Order issued by the Danish Veterinary and Food Administration does not apply to naturally occurring trans fatty acids in animal fats or products governed under other legislation. It also applies only to products sold to the final consumer. The sale of processed foods containing more than 2 grams of trans fatty acids per 100 grams of oil or fat is prohibited. In products advertised as "free from trans fatty acids" the permitted content of trans fatty acids is less than 1 gram per 100 grams of individual oil or fat.
The purpose of this document is to provide information as to developments in the law. It does not contain a full analysis of the law nor does it constitute an opinion of Ogilvy Renault or any member of the Firm on the points of law discussed.
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