2nd Annual Advanced Summit on Food Law & Regulation Canada - WEB

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2nd Annual Advanced Summit on

Food Law & Regulation

Canada September 25–26, 2024

Delta Hotels Toronto Mississauga Mississauga, ON

Distinguished Chairs: Martha Harrison

Partner McCarthy Tétrault LLP

Sirpal Randhawa

Senior Legal Counsel, North America McCain Foods Limited

Lewis Retik

Leader, Food and Beverage Group Gowling WLG

In-House Insights from: Coca-Cola Canada Bottling Ltd Ferrero

Hear from Health Canada and CFIA: Alfred Aziz, PhD

David K. Lee

Director, Bureau of Nutritional Sciences Health Canada

Chief Regulatory Officer, Health Products & Food Branch Health Canada

Jay Holmes

Peter de Souza

Director, Consumer Protection and Market Fairness Division CFIA

Senior Director, Ontario Operations CFIA

Conference Highlights For 2024, include insightful sessions on: ĉ Animal Proteins: Poultry, Dairy and Meat

ĉ FOP and Allergen Labelling

McCain Foods Limited

ĉ Food Production and Commercialization in Quebec

ĉ Novel Foods and Supplemented Foods

Mondelez Canada Inc.

ĉ The New Plastics Registry

J.M. Smucker Co.

Néstle Health Science The Boston Beer Company the Hershey Company

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ĉ Food Advertising to Children Update ĉ Alcohol Regulations and the Manufacturing of CBD-Infused Foods

ĉ CFIA Inspections ĉ Global Market Entry and Recalls ĉ Class Actions

DAY 1 LUNCHEON SPONSOR

CanadianInstitute.com/FoodLaw • 1 877 927 7936

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After an extremely successful inaugural event last fall, Canadian Institute (CI) is pleased to announce the return of our highly anticipated Food Law conference!

T

here is no shortage of legal and regulatory challenges to the Canadian food and beverage industries — from concerns on the implementation of labeling regulations and new advertising guidelines, to zero plastics focus with the Plastics Registry, to the evolving novel foods landscape, and more, industry professionals and their legal counsel must navigate these complexities to remain compliant and competitive.

This is the gold standard event for food law and regulation in North America Join us in the Greater Toronto Area this fall and learn from key industry stakeholders of Canadian Food Law and Regulation. Attend to obtain the skills and techniques you need to meet the legal and regulatory challenges that the food industry is now facing in Canada and other global food markets

A special focus on food law and regulation Quebec.

This year, we are pleased to introduce a special section on food law and regulation in Quebec — one of Canada’s largest food manufacturing provinces. Our speakers will provide insights on important Quebecois food regulations, analyze common oversights, and provide best practices for successfully bringing your products to la belle province.

Addressing Ad Standards' Children's Code challenges, one-year post-implementation We are now one year into Ad Standards Code for Advertising Food and Beverage Products to Children and will review successes and outstanding questions to ensure compliance.

We will also explore how legal and regulatory teams works together in ensure compliant food advertising.

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Master and overcome Front of Pack and other labelling protocols.

We will provide an update on Health Canada’s front of pack (FOP) labelling requirements and best practices for implementation for advising the public about excess sugar, sodium, and saturated fat. Additionally, we will take a look at allergen labeling.

New environmental reporting and sustainability obligations for the food industry In continuing efforts to help Canada meet its no plastics goal, this past April, Environment and Climate Change Canada (ECCC) published notice of the Federal Plastics Registry — which requires all manufacturers, including food and beverage manufacturers, to report on all plastic products used or manufactured by them. It is crucial for food manufacturers to understand the registry’s reporting requirements and how to maintain accurate supply chain records. Additionally, there are also concerns with food packaging recyclability, sustainability, and decomposability which we will also address.

The on-going innovation of novel foods raises a host of anticipated questions within the food and beverage industry The growing numbers of novel foods is at an all-time high. Plant based foods are becoming more mainstream and cell cultivated foods are anticipated to enter the food supply. There are also new questions with natural health products and supplemented foods and controversies over CBDinfused foods. The food landscape is changing, and we will provide a legal and regulatory map for you to navigate this new environment.

Expand your knowledge of the legal and regulatory challenges in global food markets Our international speakers will share insights on global market entry and recalls for Canada, the U.S. Europe, Mexico, and Brazil. Broaden your food product import and export regulatory IQ as well as what to do if you need to recall a product in these vital markets.

Register today for Canada’s most comprehensive legal and regulatory food law conference, where professionals convene to network, benchmark, and learn thought-provoking strategies from the industries' top minds.

Who You Will Meet: Food and Beverage Industry: In-House Counsel with Responsibilities for Corporate Law, Litigation, Regulation, Advertising and Promotion Compliance and Government Affairs Officers and Executives Safety and Quality Officers and Managers Nutrition and Labelling Directors and Executives Regulatory Affairs Officers and Executives

Law Firm Attorneys with Specialization in: Food and beverage law and regulation Advertising and Promotion Litigation

#FoodLaw #CIConferences

Distinguished Faculty Conference Chairs: Martha Harrison

Partner McCarthy Tétrault LLP

Sirpal Randhawa

Senior Legal Counsel, North America McCain Foods Limited

Lewis Retik

Leader, Food and Beverage Group Gowling WLG

Government Speakers: Alfred Aziz, PhD

Director, Bureau of Nutritional Sciences Health Canada

Jay Holmes

Director, Consumer Protection and Market Fairness Division Canadian Food Inspection Agency (CFIA)

Lauren Martin

Senior Director, Government Relations & Policy Canadian Meat Council

Ryan Mills

Law Firm & Consultants: Martha Carman

Principal Carman Consulting Inc.

Katrina Coughlin

General Counsel & Corporate Secretary Chicken Farmers of Ontario

Partner Gowling WLG

Arlene Minott, LL.B/JD, ICD.D

Partner Therrien Couture Joli-Coeur LLP

Beatrice Povolo

CEO and Founder FDAImports.com, LLC

General Counsel and Corporate Secretary Dairy Farmers of Ontario Director, Food Safety & Regulatory Affairs Food Allergy Canada

In-House Counsel and Regulatory Executives: Michael Bowmile

Vice President, Legal Coca-Cola Canada Bottling Limited

Timothy Civil

Jean-Luc Couture

Benjamin L. England

Guillermo Govela Martínez

Counsel Creel, Garcia-Cuellar, Aiza y Enriquez, S.C. (Mexico)

Kelly Harris

Principal Harris + co

Glenford Jameson

Lawyer & Principal G.S. Jameson & Company

David K. Lee

VP General Counsel and Government Affairs PepsiCo Canada

Peter De Souza

Vice President & General Counsel, International The J.M. Smucker Co

Partner Fasken Martineau DuMoulin LLP

Cailey Greenberg

Partner Food Law Science & Partners

Natasha Grewal

Founder, President Provisions Legal Services Inc.

Chief Regulatory Officer, Health Products & Food Branch Health Canada Senior Director, Ontario Operations Canadian Food Inspection Agency

Key Associations and Regulatory Bodies: Catherine Bate

President & Chief Executive Officer Ad Standards

Shelley Samel

Chief Legal Officer Ad Standards

Michi Furuya Chang

Executive Vice President, Public Policy, Regulatory Affairs and Head, Division Strategy Food, Health & Consumer Products of Canada (FHCP)

Ashley Cornell

Director, Regulatory Affairs and Policy Canadian Health Food Association

Christopher Marinangeli, Ph.D.

Director, Center for Regulatory Research and Innovation Protein Industries Canada

George Ellinidis

Lead Counsel, Cannabis The Boston Beer Company Manager, Legal & Regulatory Affairs Sleeman Breweries

Harrison Jordan

President and Managing Lawyer Substance Law P.C.

Dara Jospé

Katia Merten-Lentz

Jason Moscovici

Chandimal Nicholas

Ola Machnowski

Partner Cassels Brock & Blackwell LLP

James (Jay) McMillan

Partner Bennett Jones LLP

Head of Marketing, Canada The Hershey Company Founder & CEO UberGreen

Desiree Ripo

Lead Open Innovation Counsel Head of Food Regulatory & Compliance Ferrero

Ashley Paterson

Katarina Smolkova

Food Regulatory Specialist Canadian Food Consulting Agency Former Senior Compliance Officer, CFIA

Marco Aurélio Torronteguy

Jacintha Roberts

Partner TozziniFreire Advogados (Brazil)

Karyn Sullivan

Partner Blake, Cassels & Graydon LLP

Director, Regulatory Affairs Néstle Health Science Chief Counsel Mondelez Canada Inc.

Laura Weinrib

George Wray

Partner Borden Ladner Gervais LLP

Sara Zborovski

Partner Stikeman Elliott LLP

MAIN CONFERENCE DAY ONE September 25, 2024 7:15

Continental Networking Breakfast and Registration

8:15

Chairs’ Welcome Remarks Martha Harrison

Partner McCarthy Tétrault LLP

Sirpal Randhawa

Senior Legal Counsel, North America McCain Foods Limited

Lewis Retik

Leader, Food and Beverage Group Gowling WLG

8:30 The True North Update: Legal and Regulatory Retrospectives and Future Forecasts for the

Canadian Food Industry

In this opening session, our Chairs will provide an overview of the latest and regulatory developments and highlight what’s to come for the Canadian food industry – the True North Update! This session will help lay the foundation for the conference and touch upon developing and critical updates to be aware of.

Martha Harrison

Partner McCarthy Tétrault LLP

Sirpal Randhawa

Senior Legal Counsel, North America McCain Foods Limited

Lewis Retik

Leader, Food and Beverage Group Gowling WLG

9:00 Bon Appétit: Focus on the Latest Legal and Regulatory Developments Affecting Food Production

and Commercialization in Québec

• Assessing new developments to the Food Products Act, as well as compliance issues touching food and beverage products sold in Québec • Understanding the differences with the Federal Regime and how it encourages cooperation with provincial agencies • Overview of the regulator CARTV: reserved designations and added value claims in Québec • Examining the consequences of your company failing to meet Quebec’s food safety requirements and what enforcement/litigation/civil liability can look like in Québec

Jean-Luc Couture

Partner Therrien Couture Joli-Coeur LLP

Jason Moscovici

Founder, President Provisions Legal Services Inc.

• Analyzing best practices to meet the Bilingual language requirements under Bill 96 on food and beverage packaging and labels » Does everything have to be translated, even trademarks? » Challenges and grey zones » Devising successful advertising strategies for food advertising in Québec

9:45

Morning Networking Break

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September 25, 2024 10:00 Focus on Animal Based Proteins: Addressing Legal and Regulatory Concerns Specific to Meat,

Dairy, and Poultry

• Understanding the various stakeholders involved in the dairy, chicken, and red meat industries of Canada • Exploring the perception of animal protein by consumers, government, and industry » Benchmarking best practices for: nutrition, environmental sustainability, and animal welfare » Extrapolating lessons from the recent injunction against CFIA with respect to Kosher slaughter • Appreciating the vital role and importance of supply chain management • Unveiling new and evolving developments within industry, e.g., the use of AI and biosensors on farms

Lauren Martin

Arlene Minott, LL.B/JD, ICD.D

Senior Director, Government Relations & Policy Canadian Meat Council

Ryan Mills

General Counsel and Corporate Secretary Dairy Farmers of Ontario

Moderated by:

General Counsel & Corporate Secretary Chicken Farmers of Ontario

Katrina Coughlin Partner Gowling WLG

11:00 Food Packaging: A Legal and Regulatory Guide to the Latest Developments in Recyclability,

Sustainability, and Decomposability

• Examining food and beverages packaging and recyclability categories and requirements • Understanding the restrictions surrounding single use plastics for packaging • Analyzing how price inevitably affects packaging and the carbon footprint • Determining best practices to minimize costs and increase decomposability of packaging for your products » Case studies of successful packaging meeting recyclability, sustainability, and decomposability requirements

Michael Bowmile

Vice President, Legal Coca-Cola Canada Bottling Limited

George Wray

Partner Borden Ladner Gervais LLP

• Understanding the Federal Plastics Registry reporting requirements • Developing best practices for maintaining supply chain records

12:00

Networking Luncheon Sponsored by:

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Legal Accreditation

This program can be applied towards the annual Continuing Professional Development (CPD) required by the Law Society of Upper Canada.

Members of the Law Society of Saskatchewan seeking accreditation for an out of province activity are requested to submit the CPD Activity Application Form and agenda directly to the LSS for approval. The form is available on the LSS Website.

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This program can be applied toward your continuing legal education requirements in British Columbia.

The Barreau de Québec automatically recognizes the same number of hours for this training activity, the latter having been accredited by another Law Society subject to MCLE. Attendance at this program by members of the Law Society of Alberta may be submitted to the Law Society for Continuing Professional Development credits.

CanadianInstitute.com/FoodLaw • 1 877 927 7936

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September 25, 2024

FOCUS ON LABELLING 1:15

Front of Pack (FOP) Labelling Implementation Guide 2.0

As January 1, 2026, approaches, manufacturers need to be in full compliance with the latest front of pack (FOP) labelling requirements or face severe penalties.

This session will highlight what manufacturers need to do to successfully transition to the new requirements.

• Assessing the latest developments concerning Health Canada’s guidance on Front of Pack (FOP) labelling » Answering what is required on a food label » What are FOP Nutrition symbols?

Katarina Smolkova

Food Regulatory Specialist Canadian Food Consulting Agency Former Senior Compliance Officer, CFIA

Laura Weinrib

Partner Blake, Cassels & Graydon LLP

• Developing a checklist to ensure compliance with the FOP requirements • Evaluating how product labels vary depending on added saturate fats, sugars, and sodium • Analyzing the challenges of labelling products for export in compliance with other country’s standards » Can we see packaging harmonization on the horizon?

2:00

Taking Another Look at Allergen Labelling

Precautionary allergen labelling (PAL) has recently gained global attention with the current work being undertaken by the Codex Committee on Food Labelling (CCFL) and the recommendations published by the Expert Working Group convened by the FAO/ WHO. To assist Canadian food business operators with this work, Food Allergy Canada, through industry collaboration, developed and released a consensus-based set of recommendations. In this panel, topics of discussion will include: • Learning the recommendations proposed by CCFL and the Expert Working Group

Martha Carman

Principal Carman Consulting Inc.

Beatrice Povolo

Director, Food Safety & Regulatory Affairs Food Allergy Canada

• Contrasting with Food Allergy Canada’s Allergen Management Guidelines for Food Manufacturers • Developing robust and accurate allergen management practices » Appreciating the concerns with respect to precautionary allergen labelling (e.g., “may contain”), which is not specifically regulated in Canada • Risk-based assessments for precautionary allergen labelling • Understanding the consumer perspective and the importance of having effective labelling practices in place

2:45

Afternoon Networking Break

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For over 40 years, C5 Group has provided the opportunities that bring together business leaders, professionals and international experts from around the world to learn, meet, network and make the contacts that create the opportunities. Our conferences and related products connect the power of people with the power of information, a powerful combination for business growth and success.

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September 25, 2024

FOCUS ON ADVERTISING 3:00 Fireside Chat with FHCP and Ad Standards on the Code for the Responsible Advertising of

Food and Beverage Products to Children

Join FHCP and Ad Standards for a year after implementation review of Ad Standards’ Code for the Responsible Advertising of Food and Beverage Products to Children. Come prepared with your pressing questions as we will have a designated Q&A period.

Catherine Bate

President & Chief Executive Officer Ad Standards

Michi Furuya Chang

Executive Vice President, Public Policy, Regulatory Affairs and Head, Division Strategy Food, Health & Consumer Products of Canada (FHCP)

Interviewed by: Timothy Civil

VP General Counsel and Government Affairs PepsiCo Canada

3:45 Mastering Legally Compliant Advertising in Food: Unified Strategies from Marketing, Legal,

and the Regulators

In this panel, legal counsel, regulators, and marketing and advertising executives from industry will come together for a one-of-a-kind panel that will dive deep into current best practices for advertising and marketing. Points of discussion include:

Ola Machnowski

• Exploring the process that marketing undergoes in making advertising claims

Shelley Samel

• Dissecting the steps legal goes through to ensure the advertisement and claims are in compliance » What guidance is set by Ad Standards that must be followed?

• Examining the timeline of a food or beverage advertisement from start to finish • Understanding the role and authority of the Competition Bureau in advertisements » What penalties can the Competition Bureau place on a food or beverage manufacturer?

• Analyzing the different compliance requirements when advertising on-the-shelf products versus online products

4:45

Head of Marketing, Canada The Hershey Company Chief Legal Officer Ad Standards

Karyn Sullivan

Chief Counsel Mondelez Canada Inc.

Moderated by: Kelly Harris Principal Harris + co

Alcohol Regulation in Canada: Everything Food and Beverage Professionals Need to Know

• Reviewing the key laws and regulations applicable to alcohol, federally and provincially • Appreciating labelling and packaging requirements for alcohol • Considering borders: excise duties and importation • Knowing which licenses are needed for production, packaging, and sale • Keeping an eye on the future, e.g: » non-alcoholic beverages

Natasha Grewal

Manager, Legal & Regulatory Affairs Sleeman Breweries

Harrison Jordan

President and Managing Lawyer Substance Law P.C.

» direct-to-consumer alcohol beverages » warning labels on alcohol beverages and responsible consumerism

5:30

Closing Remarks. Day One Concludes

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MAIN CONFERENCE DAY TWO September 26, 2024 7:15

Continental Networking Breakfast and Registration

8:15

Chairs’ Opening Remarks and Recap of Day 1 Martha Harrison

Partner McCarthy Tétrault LLP

8:30

Sirpal Randhawa

Lewis Retik

Senior Legal Counsel, North America McCain Foods Limited

Leader, Food and Beverage Group Gowling WLG

Keynote From Health Canada and CFIA

Join us for this highly anticipated discussion with Health Canada about current and anticipated legal and regulatory developments affecting Canada’s food and beverage industry, as well as cross-border imports and exports in the U.S.

Interviewed by:

Jay Holmes

Lewis Retik

Director, Consumer Protection and Market Fairness Division Canadian Food Inspection Agency

Leader, Food and Beverage Group Gowling WLG 2024 Conference Chair

David K. Lee

Chief Regulatory Officer, Health Products & Food Branch Health Canada

9:00

Plant Based Foods: Modernizing Regulations to Align with Consumer Demand Alfred Aziz, PhD

Director, Bureau of Nutritional Sciences Health Canada

Jay Holmes

Director, Consumer Protection and Market Fairness Division Canadian Food Inspection Agency (CFIA)

Dara Jospé

Partner Fasken Martineau DuMoulin LLP

Christopher Marinangeli, Ph.D. Director, Center for Regulatory Research and Innovation Protein Industries Canada

Global Sponsorship Opportunities

Moderated by: Michi Furuya Chang, MHSc, RD

Executive Vice President, Public Policy, Regulatory Affairs and Head, Division Strategy Food, Health & Consumer Products of Canada (FHCP)

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September 26, 2024 10:00

Morning Coffee Break

10:15 Status Report on Supplemented Foods It is crucial for food lawyers to continue to understand the differences between supplemented foods, fortified foods, and natural health products. This advanced session will look at challenges faced when using these food groups and how to maintain full compliance. Point of discussion include:

Ashley Cornell

Director, Regulatory Affairs and Policy Canadian Health Food Association

Jacintha Roberts

• Assessing the regulatory and compliance framework for supplemented foods

Director, Regulatory Affairs Nestlé Health Science

• Distinguishing supplemented foods from fortified foods and natural health products • Evaluating the nutritional challenges of supplemented foods • Analyzing pre and post commercialization concerns to achieve market entry of these products

11:00

A Practical Guide to Navigating CFIA Inspections

• Being inspection ready — developing an inspection preparedness plan for when CFIA comes knocking by appointment or surprise • Identifying what penalties may be incurred for a violation • Developing a remediation plan and corrective protocols to rectify errors and get your product back to market • Understanding the difference between CFIA inspection versus investigation

Peter De Souza

Moderated by: Martha Harrison

Senior Director, Ontario Operations Canadian Food Inspection Agency

Partner McCarthy Tétrault LLP

Sara Zborovski

• Identifying red flags that CFIA looks for and what triggers investigation

Partner Stikeman Elliott LLP

• What to do if you are under investigation?

12:00

Analyzing Food and Beverage Class Actions: Robin Hood Flour Class Action Case Study

This session will review the key aspects of class action lawsuits within the food and beverage industries, from both the legal and business perspective. From there, George Ellinidis, the International Vice-President and General Counsel of the J.M. Smucker Co., will unpack the Robin Hood Flour class action lawsuit that he oversaw several years ago.

Topics of discussion include: • Learning the legal basics of class action lawsuits through a review of notable or recent contamination cases • Learning the key factors, from a business perspective, with managing class action lawsuits

George Ellinidis

Vice President & General Counsel, International The J.M. Smucker Co

Ashley Paterson

Partner Bennett Jones LLP

• Managing reputational damage • Appreciating the costs of litigation • An in-depth review of the Robin Hood flour class action lawsuit

1:00

Networking Luncheon

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September 26, 2024

CROSS-BORDER FOCUS 2:00 Broadening Horizons: Developing Global Food Market Entry Strategies—

Perspectives form Canada, the U.S., Mexico, and Brazil

Manufacturers of food and beverage products continuously look to expand their marketplace. This session will dive into the latest global regulatory developments that will impact entry into the Canadian, Mexican, U.S. and Brazilian food markets • Navigating the process of selling your product outside Canada » Understanding the critical cross-border production, packaging, and labeling requirements • Developing best practices to tackle the challenges of supply chain and traceability • Understanding the limitations and requirements of sourcing/using international ingredients • Understanding notable food ingredient safety regulations that manufacturers need to be mindful of in the U.S., Mexico, and Latin America

Desiree Ripo

Lead Open Innovation Counsel Head of Food Regulatory & Compliance Ferrero

Guillermo Govela Martínez

Counsel Creel, Garcia-Cuellar, Aiza y Enriquez, S.C. (Mexico)

Marco Aurélio Torronteguy

Partner TozziniFreire Advogados (Brazil)

3:00

Afternoon Networking Break

3:15

Demystifying Global Recalls: A Guide to Understanding Recalls in Global Food Markets

Our panelists will walk you through the execution of a recall from start to finish in Canada as well as various marketplaces around the globe. Our speakers will help you develop best practices and strategies to establish a real blueprint for Canada, United States, Mexico, and Europe.

• Understanding the governing authority that oversees recalls in each market • Devising a blueprint on hot to effectively remove products from the marketplace » When to make a recall and how to do it • Identifying and correcting regulatory and compliance mishaps that led to the recall • Developing crisis management strategies to address recall fallout and help win back consumer confidence

4:15

Benjamin L. England CEO and Founder FDAImports.com, LLC

Glenford Jameson

Lawyer & Principal G.S. Jameson & Company

Katia Merten-Lentz

Partner Food Law Science & Partners

Analyzing Challenges with CBD-Infused Food and Beverage Products

This session will look specifically at the legal and regulatory requirements for CBD-infused food and beverages and provide the essentials for food manufacturers whose products have altered to include CBD.

Chandimal Nicholas

• Examining the Cannabis Act, as it pertains to food and beverages

Cailey Greenberg

• Understanding the licensing process to produce or sell CBD-infused food and beverages • Analyzing the challenges with obtaining good quality Cannabis or CBD oils across borders • Evaluating marketing limitations for CBD-infused food and beverages » Is this allowed and on what platforms?

5:15

Partner Cassels Brock & Blackwell LLP Lead Counsel, Cannabis The Boston Beer Company

James (Jay) McMillan Founder & CEO UberGreen

Closing Remarks, Conference Concludes

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Building VENUE INFORMATION Delta Hotels Toronto Mississauga

3670 Hurontario Street, Mississauga, ON, L5B 1P3 ACCOMMODATIONS Canadian Institute is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate. To take advantage of these rates, please contact the hotel directly and quote "The Canadian Institute".

Please note that the guest room block cut-off date is August 24th, 2024. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

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If you are unable to attend for any reason, you will have the following options: y A full credit note for you, or a colleague to attend another event. y A full refund.

All cancellations and changes must be submitted to CustomerService@CanadianInstitute.com by September 11, 2024.

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