Food and Drug Regulations (C.R.C., c. 870)

Regulations are current to 2017-07-03 and last amended on 2017-06-20. Previous Versions

Languages

 The representations provided for in sections B.01.503 to B.01.513 that appear on the label of a food shall be

  • (a) in English and French; or

  • (b) in one of those languages, if in accordance with subsection B.01.012(3) or (7) the information that is required by these Regulations to be shown on the label of the food may be shown in that language only and is shown on the label in that language.

  • SOR/2003-11, s. 20.

Statements or Claims

  •  (1) No person shall, on the label of or in any advertisement for a food, make a representation, express or implied, that characterizes the energy value of the food or the amount of a nutrient contained in the food.

  • (2) Subsection (1) does not apply to

    • (a) a representation otherwise provided for in these Regulations;

    • (b) a representation provided for by section 35 of the Processed Products Regulations;

    • (c) a representation provided for by subsection 94(4) of the Meat Inspection Regulations, 1990;

    • (d) a representation that characterizes the amount of lactose in a food;

    • (e) a representation that characterizes the addition of salt to a food, other than any statement or claim set out in column 4 of the table following section B.01.513;

    • (f) a representation that characterizes the addition of sugars to a food, other than any statement or claim set out in column 4 of the table following section B.01.513;

    • (g) a representation that characterizes the amount of starch in a food, if the food is intended solely for children under two years of age;

    • (h) the representations “defatted (naming the food)”, “demineralized (naming the food)” and “high (naming the monosaccharide or disaccharide) (naming the syrup)”;

    • (i) a representation that characterizes the amount of a fatty acid in a vegetable oil and forms part of its common name;

    • (j) a representation that characterizes the amount of alcohol in beverages that contain more than 0.5% alcohol;

    • (k) the representation “light salted” with respect to fish; or

    • (l) the English representation “lean” with respect to a prepackaged meal represented for use in a weight reduction diet or a weight maintenance diet.

  • SOR/2003-11, s. 20.
  •  (1) A person may, on the label of or in any advertisement for a food, make a statement or claim set out in column 4 of the table following section B.01.513, with respect to a subject set out in column 1, if

    • (a) the food meets the applicable conditions set out in column 2;

    • (b) the label or advertisement meets the conditions, if any, set out in column 3, in accordance with sections B.01.504 to B.01.506; and

    • (c) in the case of a food that is not a prepackaged product, or a prepackaged product for which an advertisement is not made or placed by or on the direction of the manufacturer of the product, the label or advertisement includes, per serving of stated size, and in accordance with section B.01.505 or B.01.506 if applicable,

      • (i) the declaration of the energy value, if the energy value is the subject of the statement or claim, or

      • (ii) the amount of the nutrient, if a nutrient is the subject of the statement or claim.

  • (2) Despite subsection (1), no person shall, on the label of or in any advertisement for a food that is intended solely for children under two years of age, make a statement or claim set out in column 4 of the table following section B.01.513, unless it is a statement or claim respecting one of the following subjects set out in column 1:

    • (a) “source of protein”, set out in item 8;

    • (b) “excellent source of protein”, set out in item 9;

    • (c) “more protein”, set out in item 10;

    • (d) “no added sodium or salt”, set out in item 35; or

    • (e) “no added sugars”, set out in item 40.

  • (2.1) The information required by paragraph (1)(c) need not be included on the label of or in any advertisement for a fresh vegetable or fruit or any combination of fresh vegetables or fruits without any added ingredients, an orange with added food colour or a fresh vegetable or fruit coated with mineral oil, paraffin wax, petrolatum or any other protective coating, if a statement or claim set out in column 4 of the table following section B.01.513 is made on the label or advertisement.

  • (3) If a statement or claim set out in column 4 of the table following section B.01.513 is made on the label of or in any advertisement for a food, all the words, numbers, signs or symbols that constitute the statement or claim shall be of the same size and prominence.

  • (4) In the English version of the statements or claims, the word “fibre” may be spelled as “fiber”.

  • SOR/2003-11, s. 20;
  • SOR/2016-305, ss. 46, 75(F).

 If a statement or claim set out in column 4 of the table following section B.01.513 is made on the label of a food, the information required under the conditions set out in column 3 shall be

  • (a) adjacent to, without any intervening printed, written or graphic material,

    • (i) the statement or claim, if the statement or claim is made only once, or

    • (ii) the most prominent statement or claim on the principal display panel or, if none appears there, the most prominent statement or claim elsewhere on the label, if the statement or claim is made more than once; and

  • (b) shown in letters of at least the same size and prominence as

    • (i) those of the statement or claim, if the statement or claim is made only once, or

    • (ii) those of the most prominent statement or claim on the principal display panel or, if none appears there, the most prominent statement or claim elsewhere on the label, if the statement or claim is made more than once.

  • SOR/2003-11, s. 20.

 If a statement or claim set out in column 4 of the table following section B.01.513 is made in an advertisement for a food, other than a radio or television advertisement, the information required under the conditions set out in column 3 and, if applicable, the information required by paragraph B.01.503(1)(c), shall be

  • (a) adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once; and

  • (b) shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once.

  • SOR/2003-11, s. 20.
  •  (1) If a statement or claim set out in column 4 of the table following section B.01.513 is made in a radio or television advertisement, the information required under the conditions set out in column 3 and, if applicable, the information required by paragraph B.01.503(1)(c), shall be provided in the advertisement, except for the information required under the condition set out in paragraph (a) of column 3, in respect of the following subjects set out in column 1, which may be on the label:

    • (a) “reduced in energy”, set out in item 3;

    • (b) “reduced in fat”, set out in item 13;

    • (c) “reduced in saturated fatty acids”, set out in item 20;

    • (d) “reduced in trans fatty acids”, set out in item 23;

    • (e) “reduced in cholesterol”, set out in item 29;

    • (f) “reduced in sodium or salt”, set out in item 33;

    • (g) “lightly salted”, set out in item 36;

    • (h) “reduced in sugars”, set out in item 38; and

    • (i) “light in energy or fat”, set out in item 45.

  • (2) Despite subsection (1), if the statement or claim is made in a radio or television advertisement that is not made or placed by or on the direction of the manufacturer of the food, the information required under the condition set out in paragraph (a) of column 3 of the table following section B.01.513, in respect of the subjects set out in paragraphs (1)(a) to (i), shall be provided in the advertisement.

  • (3) If the information required under the conditions set out in column 3 of the table following section B.01.513 and the information required by paragraph B.01.503(1)(c) is provided in a radio advertisement or in the audio portion of a television advertisement, that information shall immediately precede or follow the statement or claim.

  • (4) In the case of a television advertisement, the information required under the conditions set out in column 3 of the table following section B.01.513 and, if applicable, the information required by paragraph B.01.503(1)(c), shall be communicated

    • (a) in the audio mode, if the statement or claim is made only in the audio portion of the advertisement or in both the audio and visual portions; or

    • (b) in the audio or visual mode, if the statement or claim is made only in the visual portion of the advertisement.

  • (5) If the information required under the conditions set out in column 3 of the table following section B.01.513 and the information required by paragraph B.01.503(1)(c) is communicated in the visual mode of a television advertisement, it shall

    • (a) appear concurrently with and for at least the same amount of time as the statement or claim;

    • (b) be adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once; and

    • (c) be shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once.

  • SOR/2003-11, s. 20.
 
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