Canada’s front-of-package (FOP) labelling requirements are designed to help consumers make healthier food choices by requiring certain prepackaged foods high in saturated fat, sugars, or sodium to carry a nutrition symbol. However, not all products are treated the same under these regulations. Many foods are either fully exempt or conditionally exempt from these requirements. Here, we break down the details of FOP exemptions to help you understand what applies and when.
Full Exemptions from FOP Labelling
Products that are fully exempt are never required to carry a FOP symbol, regardless of their nutritional content or usage. These exemptions apply in specific scenarios or to particular product types:
Products fully exempt include:
- Shipping containers, if not sold as a unit to the consumer
- Products with a display surface < 15 cm²
- Individual portions intended solely for service by restaurants or other commercial enterprises
- Multi-serving, ready-to-serve foods intended only for use in commercial/industrial settings or institutions
- Ingredients used solely in other prepackaged foods or foodservice preparation
- Cow or goat milk (whole, partly skimmed, or skimmed) in refillable glass containers; same applies to cream and flavoured milk
- Sweetening agents sold as such (Division 18, FDR)
- Salt and seasoning salts labelled with “salt” in the common name
- Fats and oils listed in Division 9 of the FDR, including butter, ghee, margarine, and marine oils, when sold as such
- Individual military rations for use by personnel in exercises or operations
These products are not required to display a FOP nutrition symbol under any circumstances.
Conditional Exemptions from FOP Labelling
Conditional exemptions apply only if specific conditions are met. If a product loses its qualifying condition, the exemption no longer applies and the FOP symbol may be required.
1. Conditional Exemption Based on Nutrition Facts Table (NFt)
Certain products are exempt from FOP labelling when they are also exempt from carrying a Nutrition Facts table (NFt). This applies to the following:
- Alcoholic beverages with > 0.5% alcohol
- Raw, single-ingredient meat or poultry (not ground)
- Raw, ground meat or poultry (must carry NFt, but conditionally exempt from FOP unless triggered)
- Raw, single-ingredient fish or seafood
- Foods prepared and sold in the same retail location (including pre-mixes with added ingredients)
- Products sold by the individual who made them at local venues (e.g. farmers’ markets)
- Single-serving items sold for immediate consumption (not shelf-stable)
- Foods labelled with stickers and sold in the same store where packaged, if the display surface is < 200 cm²
- Any product with a display surface < 100 cm²
Loss of exemption:
- If a product loses its NFt exemption (e.g., due to nutrient fortification or nutrition claims), the FOP exemption is also lost.
- Ground meats lose FOP exemption if there is added fat, salt, or health claims.
Important: If a manufacturer voluntarily adds a NFt to an exempt product, the FOP exemption still holds.
2. Nutrient-Specific Conditional Exemptions Based on Ingredients
Certain whole or minimally processed foods are conditionally exempt because they are considered health-protective. These exemptions apply only if the food is not mixed with disqualifying ingredients.
Conditionally exempt products include:
- Whole or cut fruits and vegetables: Fresh, frozen, canned, or dried (e.g. frozen blueberries, chopped carrots). Not exempt if in juice, purée, powder form, or coconut.
- Animal milk: Cow, goat, sheep (liquid or powder). Plant-based drinks are not exempt.
- Whole eggs: Fresh, dried, or liquid. Not exempt if only yolk/whites or plant-based.
- Nuts, seeds, or their butters with < 30% saturated fat. Coconut or sweetened spreads like Nutella are not exempt.
- Vegetable or marine oils with < 30% saturated fat. Olive, canola, and sunflower qualify. Coconut and palm oil do not.
- Fish or seafood with < 30% saturated fat. Examples: salmon, sardines.
- Mixtures of above (e.g. trail mix with nuts and unsweetened fruit).
Loss of exemption: If the product includes ingredients high in saturated fat, sodium, or sugars that are not themselves exempt, the FOP exemption is lost.
Example:
- Exempt: Plain yogurt with granola made of oats, seeds, and no added sugar.
- Not exempt: Yogurt parfait with sweetened fruit and chocolate-covered almonds.
3. Exemptions for Foods That Are Important Sources of Calcium
Some dairy-based products are exempt from FOP labelling requirements for saturated fat and sugars if they are good sources of calcium:
Eligible products:
- Cheese (standardized or not) made from dairy
- Yogurt (including drinkable)
- Kefir
- Buttermilk
To qualify, they must provide:
- ≥10% Daily Value (DV) calcium for items ≤ 30 g/mL
- ≥15% DV calcium for items > 30 g/mL
- As of June 5, 2024: ≥5% DV calcium (due to updated marketing authorization)
Loss of exemption: Occurs if ingredients with added saturated fat or sugars that are not on the approved list are used.
Permitted ingredients (do not void exemption):
- For saturated fat: milk ingredients, modified milk ingredients, nuts/seeds < 30% sat fat, marine/vegetable oils < 30% sat fat, fish/seafood < 30% sat fat
- For sugars: whole/cut fruit and vegetables, milk/cream, grains (oats, quinoa), legumes, nuts/seeds
If the exemption is lost, the product must be evaluated against thresholds, and a symbol applied if required:
- “High in saturated fat”
- “High in sugars”
Final Remarks
Understanding whether a product qualifies for a full or conditional exemption from front-of-package labelling is essential to maintaining compliance and avoiding unnecessary FOP symbols.
- Full exemptions are straightforward: no FOP symbol is ever required.
- Conditional exemptions require careful attention to ingredients, preparation, packaging, and marketing claims.
Always consider the latest updates to calcium DV thresholds and exemptions for mixed or minimally processed foods. When in doubt, review the FDR or consult the Canadian Food Inspection Agency’s (CFIA) Industry Labelling Tool for guidance.
By knowing the rules and understanding the exemptions, manufacturers can make informed labelling decisions and help consumers identify nutrient-dense foods without unnecessary warnings.
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FAQs
Which foods are always exempt from FOP labelling in Canada?
Foods that are always exempt from FOP labelling include shipping containers not sold to consumers, products with a display surface smaller than 15 cm², individual portions intended solely for service by restaurants or other commercial enterprises, multi-serving ready-to-serve foods intended only for use in commercial or industrial settings, ingredients used solely in other prepackaged foods or foodservice preparation, cow or goat milk in refillable glass containers, sweetening agents sold as such, salt and seasoning salts labelled with “salt” in the common name, certain fats and oils sold as such, and individual military rations for use by personnel in exercises or operations.
What are conditional exemptions from FOP labelling?
Conditional exemptions apply to certain foods only if specific conditions are met. For example, raw, single-ingredient meats, poultry, or fish are exempt unless they are ground or have added ingredients. Similarly, certain dairy products like cheese and yogurt are exempt if they meet specific calcium content thresholds and do not contain added saturated fats or sugars beyond permitted ingredients.
How do added ingredients affect FOP labelling exemptions?
Adding ingredients high in saturated fat, sugars, or sodium to an otherwise exempt food can nullify its exemption. For instance, plain yogurt may be exempt, but adding sweetened fruit or chocolate-covered nuts could require FOP labelling if the additions cause the product to exceed nutrient thresholds.
Are there exemptions for foods important for calcium intake?
Yes, certain dairy-based products like cheese, yogurt, kefir, and buttermilk are exempt from FOP labelling for saturated fat and sugars if they provide a significant source of calcium. As of June 5, 2024, products providing ≥5% Daily Value (DV) of calcium qualify for this exemption, provided they do not contain disqualifying added ingredients.
Do small packages require FOP labelling?
Products with a display surface less than 15 cm² are fully exempt from FOP labelling. Additionally, products with a display surface less than 100 cm² may be exempt, especially if they are sold in the same store where packaged and meet other specific conditions.
