8. No dealer shall apply to any edible or potable prepackaged product a label that contains any representation with respect to the number of servings contained in the container of the prepackaged product unless that label contains a declaration of net quantity of each serving in the form and manner prescribed and in terms of either

• (a) numerical count, or

• (b) a unit of measurement set out in Schedule I to the Weights and Measures Act,

as may be prescribed.

• 9. (1) No dealer shall sell, import into Canada or advertise any prepackaged product that is packaged in a container that has been manufactured, constructed or filled or is displayed in such a manner that a consumer might reasonably be misled with respect to the quality or quantity of the product.

• (2) No dealer is guilty of the offence of selling, importing into Canada or advertising a prepackaged product that is packaged in a container that has been filled in such a manner that a consumer might reasonably be misled with respect to the quality or quantity of the product if the dealer establishes that the container was filled in accordance with a recognized and accepted production practice that is reasonably necessary for the purpose of packaging the product.

10. Each label containing a declaration of net quantity of the prepackaged product to which it is applied shall

• (a) be applied to the prepackaged product in such form and manner as may be prescribed; and

• (b) show, in such form and manner and in such circumstances as may be prescribed,

  • (i) the identity and principal place of business of the person by or for whom the prepackaged product was manufactured or produced for resale,

  • (ii) the identity of the prepackaged product in terms of its common or generic name or in terms of its function, and

  • (iii) such information respecting the nature, quality, age, size, material content, composition, geographic origin, performance, use or method of manufacture or production of the prepackaged product as may be prescribed.

• 11. (1) Where the Governor in Council is of the opinion that there is an undue proliferation of sizes or shapes of containers in which any prepackaged product or class of prepackaged product is sold and that the effect of the undue proliferation of sizes or shapes is to confuse or mislead or be likely to confuse or mislead consumers with respect to the weight, measure or numerical count of a prepackaged product, the Governor in Council, on the recommendation of the Minister, may make regulations establishing packaging requirements that limit the sizes and shapes of containers in which that prepackaged product or class of prepackaged product may be sold.

• (2) For the purpose of establishing packaging requirements for any prepackaged product or class of prepackaged product, the Minister shall seek the advice of at least one organization in Canada of consumers and one organization of dealers in that prepackaged product or class of prepackaged product and may seek the advice of the Standards Council of Canada or any organization in Canada engaged in standards formulation.