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What are the potential regulatory (legal, H&S, distribution, etc) risks involved in starting a beverage company selling a flavoured water kefir beverage to adults and kids in canada
There are a few regulatory concerns that are relevant to the production and sale of water kefir. I have specifically only looked a governmental regulatory considerations, rather than any broad 'business risks' that would come with the creation of any new company. I have also focused on risks associated specifically with water kefir. Below you will find a deep dive of my research and findings.
REGULATORY LANDSCAPE
The government of Ontario actually gives a really useful breakdown of all the regulatory steps needed for starting a beverage company in Canada. Here are some steps where there could be risk involved for a water kefir drink specifically:
FOOD LABELLING
Food labelling has a huge range of legislation and regulation, so utmost care must be taken to ensure your labels meet all general Canadian requirements. Specific issues with water kefir could include lists of ingredients (since sugar is consumed in the fermentation process), nutrient content (same reason), alcohol content, and any health or content claims. The CFIA has a helpful page specifically about probiotics and probiotic claims. As organic is a popular designation on kombucha products, it would also be helpful to consider CFIA's guidelines on organic labelling. Consulting with the CFIA specifically and speaking to other water kefir producers would help mitigate any uncertainty around nutritional or ingredients labelling.
FOOD SAFETY
In the past, some provincial governments have had safety concerns about kombucha, so full transparency in the process and ingredients for water kefir are important. Any heated liquids must be cooled appropriate, and utensils and vessels fully sanitized. Additionally, inappropriate packaging could lead to a further production of alcohol, so options to prevent this should be followed. Over-fermentation has also been a concern with kombucha, so an appropriate serving must be labelled and proper temperature control (to prevent both alcohol production CO2 causing explosion).
Canada does not appear have adopted any specific SOPs or good manufacturing practices when it comes to fermented beverages like water kefir or kombucha. The closest I could find was the US FDA's GMP that details the pH levels, temperatures, hazards and how to mitigate them. Maybe of these can supposedly be used in water kefir brewing as well as they deal with appropriate temperatures to minimize bacterial growth and safe pH levels for consumers. Similarly, as a relatively little-known beverage, there have not been any recommendations or standards developed for water kefir in commercial production. In Australia and New Zealand, water kefir has been classified as "non-traditional food" with "no safety concerns identified. General food safety practices should be followed when preparing water kefir."
While Health Canada has issued some safety advice with regards to unpasteurized beverages, these are primarily targeted towards juices/beverages produced on the spot and on the day, as they are more subject to contaminants with the pasteurization process to kill harmful bacteria. There is importantly no legal requirement for beverages (non-dairy) to be pasteurized in Canada. Many unpasteurized juices and drinks are sold commercially, as the category has been gaining popularity at retailers like Whole Foods.
HEALTH AND SAFETY
Briefly touched on above, water kefir is a beverage which carries some health & safety risks due to its production of CO2 in later stages. Care needs to be taken that the beverage is prepared properly and steps following to halt the fermentation process when appropriate. Product and packaged bottles must be stored at a proper temperature through the manufacturing and distribution process, or there is a risk of damage and injury. While this is most covered in the 'food safety' section, it is an important consideration as any food production facility will be subject to inspection.
CONCLUSION
To summarize, regulatory considerations for water kefir in Canada include the areas of labelling, food safety and health & safety. Water kefir has no official, separate designation in Canada, but following best practices and advice regarding similar products like kombucha should mitigate any potential issues.