Processed Products Regulations (C.R.C., c. 291)

61. Where an imported food product is marked with the grade name “Fancy Grade”, “Choice Grade” or “Standard Grade”, the product shall comply with the grade standards prescribed by these Regulations for “Canada Fancy”, “Canada Choice” or “Canada Standard”, respectively.

62. [Repealed, SOR/2003-6, s. 56]

• 63. (1) The Minister or a delegate of the Minister may exempt from any of the requirements of the Act or these Regulations the importation for the purpose of marketing of a food product where the Minister or delegate considers that it is necessary to do so in order to alleviate a shortage in Canada in the available supply from domestic production of that food product or an equivalent food product.

• (2) Where a food product is imported pursuant to subsection (1), the words “meets the grade, container and labelling requirements of these Regulations” in clause 65(1)(d)(vii)(H) may be read, as applicable, as

  • (a) “is below minimum grade”;

  • (b) “is in non-standard containers”; or

  • (c) “is unlabelled or not labelled in accordance with these Regulations”.

• 64. (1) A food product that is unlabelled or that is not marked in accordance with Part IV may be imported into Canada if the importer provides evidence that the food product will be labelled at its destination to comply with these Regulations.

• (2) Where a food product is imported pursuant to subsection (1), the words “meets the grade, container and labelling requirements of these Regulations” in clause 65(1)(d)(vii)(H) may be read as

  • (a) “meets the grade and container requirements of these Regulations and is to be labelled”, where the container is not labelled; or

  • (b) “meets the grade and container requirements of these Regulations and is to be re-labelled”, where the container is labelled.

• 65. (1) No person shall market in import trade any food product unless the food product

  • (a) originated in a country that has

    • (i) grade requirements and standards for food products that are at least equivalent to those set out in these Regulations, and

    • (ii) a system for the inspection of food products and for establishments that prepare food products that is at least equivalent to that in Canada;

  • (b) meets the grade requirements and standards for a similar food product produced in Canada;

  • (c) has been prepared under conditions at least equivalent to those required by these Regulations; and

  • (d) is accompanied by an import declaration, in a form provided by the Agency, duly completed in duplicate, dated and signed by the importer and containing the following information:

    • (i) the name and address of the manufacturer,

    • (ii) the name and address of the exporter,

    • (iii) the name and address of the importer,

    • (iv) the name and address of each consignee,

    • (v) a description of the food product and any identification marks, including the product’s common name, grade, brand name and production code,

    • (vi) for each consignee, the number of shipping containers, the number, size, net weight and kind of containers per shipping container and the production codes, and

    • (vii) a statement that the food product

      • (A) was obtained from sound raw materials in accordance with good manufacturing practices,

      • (B) was prepared in a sanitary manner,

      • (C) in the case of a low-acid food product or an acidified low-acid food product, was subjected to a thermal process that assures commercial sterility,

      • (D) originated in a country that has

        • (I) standards for food products that are at least equivalent to those set out in these Regulations, and

        • (II) a system for the inspection of food products and of establishments that prepare food products that is at least equivalent to that in Canada,

      • (E) was, at the time of shipment, sound and edible,

      • (F) is accurately identified as to the name and address of the manufacturer or the manufacturer’s authorized agent,

      • (G) is accurately described in the import declaration and does not contain ingredients other than those permitted by these Regulations, and

      • (H) meets the grade, container and labelling requirements of these Regulations.

    • (viii) [Repealed, SOR/2013-76, s. 5]

• (2) Where a food product does not meet the requirements of paragraph (1)(a) or (c), the food product may be imported where the food product meets the requirements of section 2.1 or 2.2 and the importer provides the Minister with evidence to that effect.