Gap analysis of the Canadian food fraud regulatory oversight and recommendations for improvement

Abstract The Canadian regulatory framework prohibits selling adulterated food or selling food in a false, misleading or deceptive manner. Although the number of prosecutions for food fraud cases in Canada has steadily decreased in the last decade, except for a spike in 2017, penalties are becoming more severe (i.e. 12-fold increase in fine amount between 2008 and 2018). The majority of cases are in violation with the Food and Drugs Act, Section 5(1), which prohibits “labelling, packaging, treating, processing, selling or advertising food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression.” In the cases presented in this study, violators having been found guilty were fined between $25,000 and $1.5 million, but none were sentenced to imprisonment. To improve control over food fraud incidents, the Canadian government should clearly define food fraud and include a definition and description of the different types of fraudulent activities. To support this, the Government of Canada should raise awareness about food fraud among members of the food industry, while requiring expanded testing of raw ingredients and final products for authenticity. A critical step is for the Canadian government to conduct a country-wide food fraud vulnerability assessment to identify the most problematic types of food fraud and then create a country-wide food fraud prevention strategy. Once the prevention strategy is in place, then the most efficient countermeasures and control systems can be considered. The holistic and all-encompassing food fraud prevention focus would be on a coordinated and optimized reduction of the entire fraud opportunity. The creation of government-industry-academia partnerships would also play an essential role in preventing and combating food fraud. It is possible that few – if any – additional government allocation will be required to put the plan in place and begin to make significant improvements.