9.1 (1) The operator of a registered establishment or an importer of food products may apply in writing to the Director for an authorization to test market a food product that does not meet the requirements of these Regulations.

(2) The application referred to in subsection (1) shall contain

• (a) the name, address and telephone number of the applicant and the facsimile number or the registration number of the establishment;

• (b) a complete description of the food product including its

  • (i) common name,

  • (ii) list of ingredients and components thereof, and

  • (iii) formulation and method of manufacture, if other than as established under these Regulations;

• (c) the type and size of the containers to be used in the test marketing of the food product;

• (d) an estimate of the total quantity of the food product that will be test marketed;

• (e) a description of the demographic or geographic area or areas intended to be covered by the test marketing;

• (f) the expected duration of the test marketing period, up to a maximum of 24 months;

• (g) a statement that

  • (i) the containers to be used meet the requirements of Division 23 of Part B of the Food and Drug Regulations;

  • (ii) the labelling of the container is not misleading as to the nature, quantity, quality, composition, character, safety, value, variety or origin of the food product, and meets the requirements of the Consumer Packaging and Labelling Act and the Consumer Packaging and Labelling Regulations, and

  • (iii) the food product meets the requirements of paragraphs 2.1(1)(b) to (d);

• (h) the signature of the applicant or authorized agent of the applicant; and

• (i) three samples of any label, or reasonable facsimiles of them, that will be applied to the food product.

(3) Every application for a test marketing authorization shall be accompanied by at least one sample of the food product to be test marketed.

(4) Where facsimile labels are submitted with the application referred to in subsection (1), the holder of the test marketing authorization shall submit a final label to the Director within 90 days after the date of issue of the authorization.

(5) The Director may issue a written authorization to the operator of a registered establishment or to an importer of food products to test market a food product for a period of up to 24 months where the Director is satisfied, based on information available to the Director, that the test marketing of the food product will not

• (a) disrupt the normal or usual trading patterns of the industry;

• (b) confuse or mislead the public; or

• (c) have an adverse affect on public health or safety or on product pricing.

(6) The Director may cancel an authorization issued pursuant to subsection (5) where

• (a) the application contains false or misleading information; or

• (b) any condition set out in this section is not met.