38. (1) For the purposes of Schedule I, “catch weight product” means a prepackaged product that because of its nature cannot normally be portioned to a predetermined quantity and is, as a result, usually sold in varying quantities.
(2) The prescribed tolerance for the purposes of subsection 7(3) of the Act is that set out in Column II of an item of the appropriate Part of Schedule I for the declared net quantity set out in Column I of that item.
- SOR/89-571, s. 1.
39. (1) The examination of any quantity of prepackaged products that are owned by a dealer, hereinafter referred to as a lot, each unit of which purports to contain the same net quantity of product, that an inspector undertakes to determine whether the lot meets the requirements of the Act and these Regulations respecting the declaration of net quantity, shall be made by selecting and examining a sample from the lot.
(2) Subject to subsection (3), where a lot contains the number of units set out in Column I of an item of Part I of Schedule II, an inspector shall select from the lot a number of units not less than the number set out in Column II of that item and the number of the units selected shall constitute the sample referred to in subsection (1).
(3) Where, for the purpose of determining the net quantity, other than for establishing the weight of the container, it is necessary to destroy a certain number of units in the lot, an inspector shall select, for destruction, not more than 10 per cent of the total number of units in the lot and not less than one unit and the number of units selected shall constitute the sample referred to in subsection (1).
(4) The lot from which a sample was taken and examined by an inspector does not meet the requirements of the Act and these Regulations respecting the declaration of net quantity where the inspector determines that
(a) the weighted average quantity of the units in the sample, as determined by the formula set out in Part II of Schedule II, is less than the declared net quantity;
(b) the number of units in the sample that contain less than the declared net quantity by more than the prescribed tolerance set out in Schedule I for that quantity is equal to or greater than the number set out in Column II of Part IV of Schedule II for the sample size set out in Column I thereof; or
(c) two or more units in the sample contain less than the declared net quantity by more than twice the prescribed tolerance set out in Schedule I for that quantity.
- SOR/89-571, s. 2.
40. When an inspection is made of a prepackaged product
(a) consisting of liquid, the net quantity of the prepackaged product shall be determined on the basis that the liquid is at a temperature of 68°F(20°C); or
(b) consisting of a frozen liquid food that is normally sold and consumed in a frozen state, the net quantity of the prepackaged product shall be determined when that food is frozen.
40.1 [Repealed, SOR/89-525, s. 1]
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