Consumer Packaging and Labelling Regulations (C.R.C., c. 417)

Regulations are current to 2017-10-13 and last amended on 2014-01-29. Previous Versions

Consumer Packaging and Labelling Regulations

C.R.C., c. 417

CONSUMER PACKAGING AND LABELLING ACT

Regulations Respecting Consumer Packaging and Labelling

Short Title

 These Regulations may be cited as the Consumer Packaging and Labelling Regulations.

Interpretation

  •  (1) In these Regulations,

    Act

    Act means the Consumer Packaging and Labelling Act; (Loi)

    Canadian unit

    Canadian unit means a unit of measurement set out in Schedule II to the Weights and Measures Act; (unité canadienne)

    declaration of net quantity

    declaration of net quantity means the declaration of net quantity referred to in section 4 of the Act; (déclaration de quantité nette)

    metric unit

    metric unit means a unit of measurement set out in Schedule I to the Weights and Measures Act; (unité métrique)

    nominal volume

    nominal volume[Repealed, SOR/96-278, s. 1]

    ornamental container

    ornamental container means a container that, except on the bottom, does not have any promotional or advertising material thereon, other than a trade mark or common name and that, because of any design appearing on its surface or because of its shape or texture, appears to be a decorative ornament and is sold as a decorative ornament in addition to being sold as the container of a product; (emballage décoratif)

    principal display surface

    principal display surface means,

    • (a) in the case of a container that has a side or surface that is displayed or visible under normal or customary conditions of sale or use, the total area of such side or surface excluding the top, if any,

    • (b) in the case of a container that has a lid that is the part of the container displayed or visible under normal or customary conditions of sale or use, the total area of the top surface of the lid,

    • (c) in the case of a container that does not have a particular side or surface that is displayed or visible under normal or customary conditions of sale or use, any 40 per cent of the total surface area of the container, excluding the top and bottom, if any, if such 40 per cent can be displayed or visible under normal or customary conditions of sale or use,

    • (d) in the case of a container that is a bag with sides of equal dimensions, the total area of one of the sides,

    • (e) in the case of a container that is a bag with sides of more than one size, the total area of one of the largest sides,

    • (f) in the case of a container that is a wrapper or confining band that is so narrow in relation to the size of the product contained that it cannot reasonably be said to have any side or surface that is displayed or visible under normal or customary conditions of sale or use, the total area of one side of a ticket or tag attached to such container, and

    • (g) despite paragraphs (a) to (f) of this definition, in the case of a container of wine in which the wine is displayed for sale to consumers, any part of the surface of the container, excluding its top and bottom, that can be seen without having to turn the container; (principale surface exposée)

    wine

    wine is an alcoholic beverage that meets the standard for wine set out in section B.02.100 of the Food and Drug Regulations.

  • (2) For the purposes of the Act and these Regulations,

    principal display panel

    principal display panel means,

    • (a) in the case of a container that is mounted on a display card, that part of the label applied to all or part of the principal display surface of the container or to all or part of the side of the display card that is displayed or visible under normal or customary conditions of sale or use or to both such parts of the container and the display card,

    • (b) in the case of an ornamental container, that part of the label applied to all or part of the bottom of the container or to all or part of the principal display surface or to all or part of a tag that is attached to the container, and

    • (c) in the case of all other containers, that part of the label applied to all or part of the principal display surface. (espace principal)

  • SOR/96-278, s. 1;
  • SOR/2014-8, s. 1.

Exemptions from All Provisions of the Act

  •  (1) Prepackaged products that are produced or manufactured for commercial or industrial enterprises or institutions for use by such enterprises or institutions without being sold by them as prepackaged products to other consumers are exempt from all the provisions of the Act.

  • (2) Prepackaged products that are produced or manufactured only for export or for sale to a duty-free store, are exempt from all the provisions of the Act.

  • (3) Prepackaged products consisting of consumer textile articles that are subject to section 3 of the Textile Labelling Act are exempt from all the provisions of the Act.

  • (4) Prepackaged products consisting of replacement parts for vehicles, appliances or other durable consumer goods are exempt from all the provisions of the Act unless they are intended to be displayed for sale to a consumer or are displayed for sale to a consumer.

  • (5) Prepackaged products consisting of materials that are produced or manufactured for use by artists, namely,

    • (a) colours for painting, dyeing or printing,

    • (b) ceramic and enamelling colours and glazes, and

    • (c) surfaces and tools,

    are exempt from all the provisions of the Act.

Exemptions from Sections 4, 5, 6, 8 and 10 of the Act

  •  (1) Prepackaged products that are subject to regulations respecting packaging, labelling and marking under the Feeds Act, Fertilizers Act, Pest Control Products Act or Seeds Act are exempt from sections 4, 5, 6, 8 and 10 of the Act.

  • (2) A prepackaged product that is a soft drink the container of which is

    • (a) re-used by a dealer as a soft drink container,

    • (b) permanently labelled with any information required to be shown thereon by or under the Food and Drugs Act, and

    • (c) manufactured before March 1, 1974 or during a period of 12 months after March 1, 1974,

    is exempt from sections 4, 5, 6, 8 and 10 of the Act.

  • (3) Prepackaged products, commonly known as one-bite confections, that are usually sold individually to a consumer are exempt from sections 4, 5, 6, 8 and 10 of the Act.

  • (4) Prepackaged products consisting of fresh fruits or fresh vegetables that are packaged in a wrapper or confining band of less than 1/2 inch in width are exempt from sections 4, 5, 6, 8 and 10 of the Act.

  • (5) Prepackaged products consisting of raspberries or strawberries that are packaged in the field in containers having a capacity of 1.14 litres or less are exempt from sections 4, 5, 6, 8 and 10 of the Act.

Exemptions from Section 4 and Subparagraph 10(b)(ii) of the Act

  •  (1) A prepackaged product that

    • (a) does not consist of food,

    • (b) is usually sold to a consumer by numerical count,

    • (c) is packaged in such a manner that the product contents are visible and identifiable, and

    • (d) has a label applied to it in accordance with sections 7 to 11 that shows the information referred to in subparagraph 10(b)(i) of the Act in the form and manner prescribed by these Regulations,

    is exempt from subparagraph 10(b)(ii) of the Act.

  • (2) A prepackaged product that

    • (a) does not consist of food,

    • (b) is usually sold to a consumer by numerical count,

    • (c) is packaged in such a manner that the product contents are visible and identifiable,

    • (d) consists of less than seven articles or consists of less than 13 articles and the actual number of those articles can be readily ascertained by an examination of the product without opening it, and

    • (e) has a label applied to it in accordance with sections 7 to 11 that shows the information referred to in subparagraph 10(b)(i) of the Act in the form and manner prescribed by these Regulations,

    is exempt from section 4 of the Act.

  • (3) A prepackaged product that

    • (a) does not consist of food,

    • (b) consists of a single article or consists of more than one article where the articles are packaged as a set,

    • (c) is usually sold to a consumer by numerical count,

    • (d) has on the principal display panel a pictorial representation which adequately indicates the identity and quantity of the product contents, and

    • (e) has a label applied to it in accordance with sections 7 to 11 that shows the information referred to in subparagraph 10(b)(i) of the Act in the form and manner prescribed by these Regulations,

    is exempt from section 4 and subparagraph 10(b)(ii) of the Act.

 
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