Food contaminants and other adulterating substances are chemicals that may be present in foods at levels that could impact the overall safety and/or quality of foods. These substances can either be inadvertently or naturally present in foods or, in some cases, intentionally added for fraudulent purposes. Establishing a prohibition or maximum level (ML) is a form of risk management that may be employed to reduce exposure to a particular chemical contaminant in foods. Canadian prohibitions and MLs for chemical contaminants in food are set out in Part 1 and Part 2, respectively, of the List of Contaminants and Other Adulterating Substances in Foods, which is incorporated by reference into section B.15.001 of Division 15 of the Food and Drug Regulations (the Regulations). Maximum levels are also set out in the List of Maximum Levels for Various Chemical Contaminants in Foods, which is maintained on Health Canada's website. All prohibitions and MLs for contaminants in food are established by Health Canada's Food Directorate based on scientific evidence and in consultation with stakeholders and are enforceable by the Canadian Food Inspection Agency.

The List of Contaminants and Other Adulterating Substances in Foods specifies an ML of 0.1 parts per million (ppm) total arsenic in fruit juice and fruit nectar products on an as consumed basis. If these foods contain arsenic at concentrations above these values, they are considered adulterated and in violation of the Food and Drugs Act and Regulations.

The existing ML for total arsenic in fruit juice and fruit nectar was established many decades ago. Since that time, the use of arsenical pesticides on fruit and fruit trees has been discontinued. The existing ML does not reflect the concentrations of arsenic typically found in these types of foods today.

Health Canada is proposing to update the existing ML for total arsenic in fruit juice and fruit nectar. The Department intends to establish two lower MLs, expressed as inorganic arsenic, for juice and nectar products on an as consumed basis of: 0.01 ppm for fruit juice and fruit nectar, except grape juice and grape nectar; and 0.03 ppm for grape juice and grape nectar.