Nutrition Information for Foods sold to Industrial Enterprises

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B.01.404 & B.01.405 - Foods sold to commercial or industrial enterprises

B.01.404 - Foods for Use in Manufacturing other Foods

B.01.404 (3)(c)(iv)

Nutrient content claims on a food subject to B.01.404

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B.01.404 & B.01.405 - Foods sold to commercial or industrial enterprises

Q1. When sold to commercial or industrial enterprise or institutions, what are the essential differences between B.01.404 and B.01.405 foods?

Pre-packaged products intended "as an ingredient in the preparation of food" by the institutions and nutrition information fall under B.01.404. The nutrition information for these foods is required to be provided per 1 g or 1 ml or 100 g or 100 ml, with no rounding, and for vitamins and minerals in units set out in Part D. Food sent to an institution qualifies under B.01.404 when it;

• requires cooking before consumption (note: while these may not strictly be "ingredients in the preparation of other foods, their nutrition information may change after cooking or they may be combined with other ingredients (e.g. oil) during the cooking process) or
• is to be combined with another ingredient to prepare a food used in the institution.

A "multiple serving ready-to-serve pre-packaged product intended solely to be served" in the institutions falls under B.01.405. The same core list information required for retail foods must be provided but the information does not have to be in a Nutrition Facts table. Food sent to an institution qualifies under B.01.405 when it is sold;

• in multiple servings in a package,
• ready to serve (may be shipped frozen or thawed but must be precooked, if required), and
• able to be served without the addition of other ingredients (but may be served in conjunction with other foods.)

Examples

B.01.404 - Foods for Use in Manufacturing other Foods

Q1. Flour is sold to a retail store in bulk for further manufacturing(for use in their bakery), and is thus subject to the requirements for nutrition information in B.01.404. What happens if the retailer repackages the flour into consumer units offered for sale?

These consumer units are NOT exempt from displaying a Nutrition Facts table (NFT). If the retailer is repackaging the flour from bulk, the retailer becomes responsible for ensuring that the correct information is applied, including converting the information from a 100 g basis to a serving size, rounding the numbers appropriately and ensuring that the NFT is the right size with the % DVs declared. If the retailer is using the flour in the manufacture of other foods, the resulting products would be exempt as per B.01.401 (2)(b)(v) if sold at the same retail establishment.

B.01.404 (3)(c)(iv)

Q1. Is it acceptable to state "(the limit of detection)" for B.01.404 foods, where the declaration is to be to the "degree of precision that corresponds to the accuracy of the analytical methodology used"? For example, the nutrient is not detected but the limit of detection is 10 mg; the label or accompanying document declares < 10 mg as opposed to declaring 0.

Yes, for B.01.404 foods only, it is acceptable to declare < 10 mg as opposed to declaring 0.

For information on nutrient content claims for foods subject to B.01.404 see Q and A.

Nutrient content claims on a food subject to B.01.404

Q1. When a food is sold for further manufacturing, and provides the nutrition information per 100 g or ml, may it have a nutrient content claim such as trans fat free?

The provisions in the Food and Drug Regulations to allow nutrient content claims such as "trans fat free" were intended to apply specifically to products sold to consumers at the retail level that were applying a Nutrition Facts table as required by B.01.401. However, there is no prohibition from making such a claim on foods for further manufacture, providing the amount of the nutrient that is the subject of the claim per a reasonable serving of stated size is given in addition to the declarations per 100 g or mL and the product meets the criteria set out for the claim. There should also be some link between the amount declared per serving size and the claim, such as an asterisk beside the trans declaration per serving relating it to a trans fat free claim.

It is important that manufacturers be aware, however, that the final product must be assessed independently for compliance with any given claim, i.e. having an ingredient that meets the claim criteria doesn't mean that the final product will. Variation in the amount of the ingredient used or the effect of other ingredients in the final food may impact on the final food meeting the criteria for the claim.