Canadian Alert: Undeclared Dairy Allergens Found in Chocolate Products

During the years 2022 and 2023, CFIA conducted tests on various samples of dark chocolate and discovered the presence of undeclared milk, leading to multiple incidents of non-compliance and subsequent product recalls. Undeclared allergens pose serious health risks to consumers with allergies, and in some cases, can even result in fatalities. It is the responsibility of businesses to ensure the safety of imported or manufactured food products and their compliance with Canadian requirements. Manufacturers and importers must ensure that chocolate products do not contain undeclared milk allergens.

Preventive Control Plan:

Businesses are required to develop and implement a preventive control plan to prevent contamination of chocolate with milk allergens, which should not be present in chocolate. This includes providing evidence that control measures to address cross-contamination are effective. The preventive control plan must also encompass a description of the measures taken to ensure that packaging and labeling of food products are not false, misleading, or deceptive.

Declaration of Milk Allergens:

Companies must ensure that the hazards of milk allergens are appropriately declared on food labels. If milk is not intentionally added as an ingredient, it should not be listed in the ingredient statement. Failure to do so violates the Food and Drugs Act and Food and Drug Regulations.

Cross-Contamination Statement:

In cases where there is still a risk of unexpected food allergen presence despite taking all reasonable measures, food manufacturers and importers can make cross-contamination statements. However, cross-contamination statements cannot substitute for good manufacturing practices. If a company uses chocolate supplied by a vendor as an ingredient in their products and the chocolate has a cross-contamination statement such as "may contain: milk," the statement should be included on the finished product label unless it can be proven that there is no risk to consumers with milk allergies.

No Allergen Statement:

Manufacturers claiming that their products are free from food allergens, such as "milk-free," must ensure that the products absolutely do not contain milk allergens, whether intentional or unintentional.

Compliance and Enforcement:

Non-compliance with regulatory requirements can result in product recalls, detentions, or seizures by authorities. Additionally, Canadian food safety licenses may be suspended or revoked. CFIA continues to monitor the situation and will take enforcement actions as deemed necessary.

The recent alert from CFIA regarding undeclared dairy allergens in chocolate products serves as a reminder to businesses about the importance of food safety and compliance. It is crucial for manufacturers and importers to implement preventive control plans, properly declare allergens, and adhere to regulatory requirements. By ensuring the safety and accuracy of food labeling, businesses can protect consumers and maintain their reputation in the marketplace.