Canada’s Proposed Food Packaging Framework Would Require Notification Of FCMs

Anticipating an increase in the use of recycled plastics, Health Canada has begun a public consultation on a high-level overview of a proposed food packaging framework. Under Canada’s Food and Drug Regulations (FDR), Health Canada currently conducts a premarket assessment of a food contact material (FCM) only when a request is voluntarily submitted. According to Health Canada’s consultation document, this “may limit Health Canada’s ability to proactively identify and respond to emerging chemical risks associated with food packaging.” Under the proposed food packaging framework outlined in the consultation document, there would be a mandatory notification requirement for FCMs. Comments are due October 9, 2026. Health Canada will use the comments to develop the recommendations further on options for a mandatory food packaging framework.

Food Packaging Framework Proposal

Mandatory Notification of FCMs

Health Canada states that the primary objective of the proposal is to increase awareness and oversight of the chemicals to which people in Canada may be exposed. Health Canada proposes that notifications be submitted through an online portal for all FCMs of food sold in Canada. Notification would be required only for the part or parts of the finished food packaging material that is in direct contact with food or that may contain chemicals that may migrate into food. Food packaging materials separated by an effective impermeable barrier (i.e., do not have contact with the food) would not be subject to notification. Health Caada proposes to require notification for food service ware (e.g., containers, straws, utensils) intended for sale with prepared food because they contain FCMs that could migrate to food. The notifications would include information on the chemical composition of all substances in the FCM and on the expected distribution of the FCM in Canada.

Health Canada states that it “is exploring options as to who should be responsible for submitting notifications among the finished food packaging manufacturers, parties responsible for the highest level of trade in Canada (e.g., Canadian food manufacturers, brand owners, or importers), or food retailers.” Health Canada notes that its goal is to have better oversight of food packaging materials on the Canadian market, so it is “eager to hear your opinions on this issue.”

Development of a Knowledgebase

According to the consultation document, Health Canada intends to develop a public knowledgebase to capture the outcomes of its evaluations. The knowledgebase “will be an evergreen repository,” although initially it will reflect the outcomes of already completed Letter of No-Objection (LONO) evaluations, decisions from other jurisdictions applicable to Canada, and potentially other relevant chemical safety evaluations, including those conducted under Canada’s Chemicals Management Plan.

Health Canada would develop systems to cross-reference the notified information against the knowledgebase. Where a notification matches the knowledgebase, the notifier would receive a Notification Number and abbreviated LONO. Where notifications and the knowledgebase do not match (e.g., the FCM is not represented in the knowledgebase, including for different conditions of use (COU)), Health Canada would advise the notifier and conduct an evaluation. If Health Canada favorably assesses the FCM, Health Canada would amend the knowledgebase, and the notifier could then obtain a Notification Number and LONO. If, upon searching the knowledgebase, Health Canada finds that the FCM or a relevant COU is not present, the notifier could request an amendment to the knowledgebase, provided the notifier submits adequate supporting information. Health Canada would evaluate the submission and amend the knowledgebase, accordingly.

With respect to the evaluations and amendments to the knowledgebase, Health Canada states that it is considering a tiered review process based on risk. According to the consultation document, the evaluation framework will be the subject of a future consultation.

Health Canada states that it is considering whether the notification outcomes relative to the knowledgebase should be administrative and guidance-based or should be entrenched in regulation as a “positive list” with which the FCM must comply. Health Canada notes that in either case, “sellers are fully responsible to ensure the sale of safe packaged foods in accordance with Section B.23.001 of the FDR and Section 4 of the Food and Drugs Act (FDA).” According to Health Canada, “[i]n other words, food sellers are responsible for the safety of the food packaging they sell.”

Timelines and Enforcement

Notifications and Submissions

Health Canada states that it expects notifications to be premarket, but it is considering whether notifications must be received prior to distribution of the FCM in Canada or within a defined timeframe after sale in Canada. Health Canada notes that it expects the evaluation of food packaging submissions to amend the knowledgebase to adhere to defined timelines. Due to the potential complexity of some submissions, however, and the uncertainty regarding their outcomes, “it may be worthwhile reviewing the knowledgebase against the FCM intended for notification and proactively seeking amendment of the knowledgebase prior to filing the notification.”

Phase-In Period

According to the consultation document, given the need to populate the knowledgebase, for processes to develop and stabilize, and to allow stakeholders to acclimatize to and comply with the new framework, Health Canada proposes a phase-in period of approximately five years. After which, Health Canada expects to evaluate compliance and functionality of the framework and propose adjustments, as needed.

Enforcement

According to the consultation document, as sellers maintain responsibility for the sale of safe foods under FDR Division 23 and FDA Section 4, if a food packaging material poses a safety risk, Health Canada would continue to work with the Canadian Food Inspection Agency (CFIA) to take appropriate enforcement action. Health Canada states that it “will also consider developing processes to engage with CFIA to address other emerging issues that have been identified, should they be necessary.”

Questions to Consider When Preparing Comments

Health Canada encourages respondents to provide any input they feel is appropriate but notes that the following questions may help guide responses.

1. Who along the distribution chain (FCM manufacturers (or delegate) of the finished food packaging product, food manufacturers, Canadian importers, or retailers) is best positioned, operationally, to prepare and submit notifications?

2. Do you have suggestions on the appropriate timing of a notification (e.g., prior to distribution in Canada; within 30 days upon distribution)? Please explain.

3. What considerations (e.g., material category, chemical composition and identification, use conditions, migration limits) should go into the development of a knowledgebase?

The following questions are intended to help Health Canada determine costs and resources needed to support the proposed program.

General Questions for Food Packaging Manufacturers

4. Approximately how many FCMs do you manufacture or use annually?

5. Approximately how many product-specific FCMs (i.e., one FCM for only one product) do you manufacture annually?

General Questions for Canadian Food Packaging Material Importers

6. Approximately how many different suppliers of FCMs do you import from?

7. Approximately how many substances intended for FCM manufacture do you import annually?

8. Do you import formulated products that are further processed into finished FCMs?

General Questions for Food Manufacturers and Importers

9. What information do you typically have on the FCMs used in the products you manufacture or import?

10. Approximately how many different suppliers of FCMs do you use for your products in Canada?

11. Approximately how many new FCMs do you purchase annually for your products in Canada?

12. Approximately how many FCMs do you have on the Canadian market on an ongoing basis?

Next Steps

Comments on the consultation document are due October 9, 2026. Health Canada will use the feedback provided to develop further recommendations on options for a mandatory food packaging framework. Health Canada expects to hold a second public consultation between November 2026 and January 2027. According to Health Canada, pending the outcomes of these consultations, it will internally consider recommendations for a mandatory food packaging framework by Spring 2027. Depending on the option(s) chosen, regulatory development may begin thereafter, in accordance with the Cabinet Directive on Regulation. Health Canada notes that there will be further opportunities for consultation and program refinement as part of this process.

Commentary

Health Canada’s consultation document notes that under the Treasury Board of Canada’s initiative on Advancing a Circular Plastics Economy for Canada, the recycling and reuse of plastic materials is a priority for the Canadian government. To meet environmental targets, Health Canada expects the use of recycled plastics, and the technologies to produce them, to increase. Anticipating innovations in alternative packaging designs and the development or use of plastic alternatives, Health Canada has proposed to require mandatory notifications to ensure that it has information about FCMs before they are introduced to the Canadian market. According to the consultation document, Health Canada is considering a tiered review process based on risk, and stakeholders should carefully review the consultation document and prepare to respond to future recommendations.