The recent proliferation of tariffs on internationally-traded food has led to an increased focus on origin claims. False origin claims can enable tariff avoidance. On-pack claims also resonate strongly with consumers in some countries as consumers push back against the politics of tariffs and they increasingly champion home-produced food. One of the clearest examples of this trend is in Canada.
There has been a renewed enforcement focus on “home-produced” claims in Canada. A blog by legal firm Blake Cassels & Graydon gives a good summary of the rules and links to the primary legislation
- “Product of Canada” / “Canadian”: Vvirtually all of the ingredients, processing and labour must be Canadian. In practice, less than 2% of the ingredients can be sourced from outside of the country. Products labelled as “100% Canadian” must be entirely made in Canada, from ingredients to processing and labour. Certain types of food, such as meat, fish and dairy, are subject to specific requirements to be labelled as a “Product of Canada.”
- “Made in Canada”: Products must have undergone their last substantial transformation in Canada. Claims must always be accompanied by a qualifying statement clarifying the origin of the ingredients, such as “Made in Canada with domestic and imported ingredients.” Even products made in Canada that contain no domestically produced ingredients can be labelled as “Made in Canada from imported ingredients” where the last substantial transformation occurs in Canada.
- “Local”: For food products to be considered “local”, the CFIA guidelines state that these must either be sold in the same province where they are produced, or within 50 kilometres if sold across provincial borders.
- Use of the Maple Leaf: Use of the stylized maple leaf from the National Flag of Canada (the 11-point maple leaf) may only be done with the permission of the Department of Canadian Heritage. The use of maple leaves other than the 11-point maple leaf is permitted on food packaging; however, depending on the context, this may be construed as a “Product of Canada” claim.
- Other Claims: More specific claims that describe the Canadian value added may be used, such as “packaged in Canada” or “brewed in Canada,” where the above claims cannot be made.
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