On August 17, effective immediately, Health Canada announced the addition of the following two maximum levels (MLs) for inorganic arsenic to the List of Contaminants and Other Adulterating Substances in Food, which is incorporated by reference into the Food and Drug Regulations:

• A ML of 0.1 ppm (100 ppb) for inorganic arsenic in rice-based foods intended for consumption by infants and young children. See Press Release.

• A ML of 0.01 ppm (10 ppb) for inorganic arsenic in fruit juices and fruit nectars, except grape juice and grape nectar for which the ML is 0.03 pm (30 ppb). See Press Release.

As detailed in the press releases, Both MLs were initially proposed on April 9, 2021, and were open to comment for 75 days. No new scientific information was received in response to either proposal.

The 100 ppb ML in infant/young children rice-based foods is the same as the action level that FDA issued in its 2020 final guidance. Further, the ML of 10 ppb in most juice products is consistent with the action level FDA proposed in its 2013 draft guidance, which has not yet been finalized. FDA has not proposed action levels for arsenic in other types of juice. Although the MLs have been finalized, Health Canada will continue to review new scientific information relating to either proposal. Any such information should be sent per the instructions included at the bottom of the respective press releases.