In 2022 and 2023, there were multiple incidents of non-compliance with undeclared milk in various samples of dark chocolate tested by the Canadian Food Inspection Agency (CFIA), many of which resulted in product recalls.

Undeclared allergens can cause serious health problems and sometimes death for consumers who are allergic to them. Businesses are responsible for ensuring that imported or manufactured food products are safe and meet Canadian requirements. Manufacturers and importers must ensure that chocolate products are free of undeclared milk allergens.

Preventive Control Plan

Businesses must develop and implement a preventive control plan to prevent contamination of chocolate with ingredients that contain milk allergens that are not supposed to be in the chocolate. This includes providing evidence that controls to address cross-contamination are effective.

The preventive control plan must also include a description of the measures taken to ensure that the packaging and labelling of the food is not false, misleading or deceptive.

Claims of milk allergen hazards

Firms must ensure that the hazards of milk allergens are appropriately declared on food labels. If milk is not intentionally added to a product as an ingredient, it cannot be added to the list of ingredients. This is a breach of the Food and Drugs Act and the Food and Drugs Regulations.

Cross-contamination statement

Food manufacturers and importers can declare a cross-contamination declaration when, despite all reasonable measures, there is an unintended risk of food allergens in the food. A cross-contamination declaration is not a substitute for good manufacturing practice.

If a business uses chocolate from a supplier as an ingredient in a product and the chocolate has a cross contamination declaration, e.g. "may contain: milk", the declaration should be placed on the label of the finished product unless it can be demonstrated that there is no risk to consumers with a milk allergy.

Allergen-free claims

Manufacturers claiming to be free from food allergens (e.g. "milk free") must ensure that the product is absolutely free from milk allergens, whether intentionally or unintentionally.

Compliance and enforcement

Failure to comply with regulatory requirements may result in a company's products being recalled, seized or detained. In addition, Canadian food safety permits may be suspended or cancelled. CFIA continues to monitor the situation and will take enforcement action where appropriate.