How Food-Contact Materials Are Regulated in Canada Currently

Under the current system, Division 23 of Canada’s Food and Drug Regulations sets out only a general principle: food packaging materials must not contain or release any substance that may be harmful to health. Non-compliant sales are enforced after the fact by the Canadian Food Inspection Agency (CFIA).

Companies may voluntarily submit material evaluation requests to Health Canada’s Food Directorate, and a successful review results in a “no objection”-type response. The list of acceptable substances maintained by Health Canada is advisory in nature and carries no binding force.

The system as a whole has no mandatory pre-market notification or licensing requirement — with two exceptions: infant formula (Division 25) and packaging for special dietary foods, which already require mandatory Health Canada review.

What the Proposal Would Change

According to the direction set out in the consultation document, there are two core changes: mandatory notification and a binding positive list.

Change 1: Mandatory Notification Through an Online Portal

Food-contact materials used for food sold in Canada would need to be notified to Health Canada through an online portal. The proposed scope has three tiers: parts in direct contact with food; parts not in direct contact but whose chemicals may migrate into food; and containers, straws and cutlery sold together with pre-packaged food.

Only materials separated by an effective barrier layer — neither contacting food nor migrating into it — would be exempt from notification.

Change 2: A Binding Positive List

Canada is considering establishing a binding positive list of substances approved for food-contact use, effectively aligning with the mature systems of the US FDA and the EU. The framework would also create a dynamic public knowledge base consolidating historical assessment outcomes and decisions from other jurisdictions: notifications matching the knowledge base would follow a simplified process, while only unmatched notifications would trigger a full safety assessment.

On transition, the proposal plans for roughly five years of phased implementation — a substantial adjustment window for products already on the market.

What This Means for Chinese Exporters

The notification obligation would fall on enterprises located in Canada. The consultation document has not yet determined whether the notifying entity would be the manufacturer, importer or brand owner of the finished packaging — one of the most contested questions in the consultation.

For Chinese factories producing packaging, tableware and kitchenware, however, the answer matters less than it seems: whoever holds the obligation, Canadian customers will pass the documentation requirements straight through to upstream suppliers.

Practical risk. Once a positive list is in place, any substance not listed would have to go through the declaration and assessment process. Many auxiliaries, pigments and coating monomers used in Chinese packaging formulations can be traced in US or EU lists, but in the Canadian system they may appear neither in the current advisory list nor in any voluntary declaration record.

Backfilling this data after the new rules take effect would leave very little time — preparing toxicological dossiers and migration data is work measured in months.

What Happens Next — and What Businesses Should Do Now

On timing, Health Canada expects a second round of public consultation between November 2026 and January 2027, with internal review of framework recommendations around spring 2027, after which rulemaking would begin. There are still several rounds of discussion between now and implementation — a buffer period that also offers businesses a window to submit comments through industry associations and influence the details of the rules.

At this stage, businesses can act on four fronts:

1. Inventory Canada-bound product lines and materials, focusing on the polymers, auxiliaries and coatings used in parts that contact food directly.
2. Archive existing compliance documentation: full composition sheets, declarations of conformity and migration test reports under systems such as US FDA 21 CFR or EU Regulation (EU) No 10/2011 — these will form the basis of any future notification.
3. Screen formulations against the existing lists: identify substances with no basis in Canada’s current advisory list, list them in advance, and prepare formulation substitution options where necessary.
4. Align timelines with Canadian customers: confirm their arrangements for the notification obligation and their documentation requirements for suppliers, rather than waiting to be asked.

How CIRS Testing Can Help

Food-contact materials compliance testing is a core service line at CIRS Testing: overall migration, specific migration (heavy metals, primary aromatic amines, bisphenol A, PFAS, formaldehyde, etc.) and permanganate consumption can be delivered under GB 4806, EU Regulation (EU) No 10/2011, US FDA 21 CFR and other frameworks, with CMA/CNAS-accredited reports suitable for customer audits and notification dossiers.

In response to this Canadian reform, CIRS Testing can support gap screening of formulation-to-list comparisons, migration testing, and preparation of toxicological data packages.

Frequently Asked Questions

The questions below summarize the most common enquiries CIRS Testing has received since the consultation document was published.

When will the new rules take effect? Are current shipments affected?

The proposal is still at the consultation stage, with the first round of comments closed on 9 October 2026 and an amendment process still to follow. Under the current regime, shipments are not affected. Once the new rules take effect, there will be a transition period of roughly five years.

Will the notification be filed by the Chinese factory or by the Canadian customer?

The obligation is expected to fall on enterprises located in Canada, with the specific entity to be determined when the amendment is finalized. The documentation requirements will nonetheless be passed through to Chinese suppliers, so the practical preparation work for factories is the same either way.

What testing should be done now?

Canada has no dedicated testing standard of its own. CIRS Testing recommends preparing migration test reports and full composition documentation under the US and EU systems first — this data foundation is the most widely accepted across jurisdictions and also covers Canadian customers’ audit requirements.

About CIRS Testing

CIRS Testing, a CIRS Group company, is accredited to both CMA and CNAS and has supported more than 30,000 exporting enterprises with chemical compliance testing. Its food-contact materials service line covers migration testing and regulatory documentation under Chinese, US and EU frameworks.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice.