Supplier reported gluten in product

Hello, I am new to here and am hoping for some advice. We are a company that sells spices. We recently asked our supplier if we could order more of a same lot of a spice that we had previously bought in the summer as we liked that lot. They replied that about a couple months after we had bought this spice the supplier had a customer complaint and tested the lot and it was postive for gluten. They did NOT notify us of this, however we do not ask for gluten testing when buying the material. 

Now that we know it has gluten though, are we required to recall the product we have sold? I beleive the supplier's test showed a relatively low level of gluten (approx 40 ppm) We also still have stock of this material. Do we sell it with a may contain gluten label? We are not a gluten free company and we do not make an gluten free claims. How do we proceed with this? Do we test it on our own and is a certain level ok if we are not making gluten free claims?

Any advice would be greatly appreciated!

40ppm is about double the max standard - unless it is different in Canada, but I doubt it as the Gluten-Free organization that we used to consult through noted a max of 20ppm.

I am shocked that your supplier did not inform you with a recall notice when they had this discovery - at this point I think you should isolate your supplies from this supplier - do testing and proceed from there.

Our Gluten Free claim requires half the max - so we can note on our packaging we are gluten-free and can get certified based on that.

Frankly, I think your supplier has big exposure on this one and with the testing paper work from them I'd be more inclined to issue a full recall - the catch is there are potential legal issues here with your supplier not informing you.

https://inspection.c...-allergens#s8c2

Gluten in spices should have shown up in your hazard analysis, so you need to look at that again

https://active.inspe...introe.aspx?i=1

If you have not declared wheat or gluten on the label, yes, you need to recall the product.  Reach out to CFIA and ask them for guidance

http://inspection.ca...ia-notification

The requirement for food allergens and gluten declarations apply to all generations of ingredients. Therefore, food allergens and gluten must be declared regardless of which generation they are present in. For example, if they are present in the third or fourth generation of ingredients, they will still have to be declared in the list of ingredients on the product label or in a contains statement. Refer to Generations for more information on the generations of ingredients.

The source of food allergens and gluten must be declared in 1 of 2 ways:

1. in the list of ingredients [B.01.010.1(2)(a), FDR], or
2. in a "food allergen source, gluten source and added sulphites statement" [B.01.010.1(2)(b), FDR]

option 1: the prescribed source name of the food allergen or gluten may be shown in parentheses in the list of the ingredients, as follows:

• (a) immediately after the ingredient that is shown in the list, if the food allergen or gluten [B.01.010.1(8)(a)(i) to (iii), FDR]:
  • (i) is that ingredient
  • (ii) is present in that ingredient but is neither a component of that ingredient nor present in a component of that ingredient, or
  • (iii) is a component of that ingredient or is present in a component of that ingredient, and the component is not shown in the list of ingredients. Note that if the source of a food allergen or gluten is shown immediately following the ingredient, the components of the ingredient must be shown immediately after the allergen source [B.01.008.2(5)(a), FDR]

The fact that they did not notify you suggests that they did not recall the product. They may be warning customers to prevent buying from anyone who does not carry a wheat allergen label claim. Precautionary allergen labeling (may contain statement) is not a substitute for allergen labeling (Contains: Wheat), at least in the US.  I would ask them what the source of gluten is and get a supplier corrective action if necessary. Sample and test the product yourself through an accredited lab to verify as well. Some tests can have false positive reactions, so also inquire with your lab just in case. 

Only after you have those answers would I move forward with a recall. Good luck!

The fact that they did not notify you suggests that they did not recall the product. They may be warning customers to prevent buying from anyone who does not carry a wheat allergen label claim. Precautionary allergen labeling (may contain statement) is not a substitute for allergen labeling (Contains: Wheat), at least in the US.  I would ask them what the source of gluten is and get a supplier corrective action if necessary. Sample and test the product yourself through an accredited lab to verify as well. Some tests can have false positive reactions, so also inquire with your lab just in case. 

 

Only after you have those answers would I move forward with a recall. Good luck!

The Canadian system is NOT the same and the rules are VERY different