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

DIVISION 2Alcoholic Beverages

 The foods referred to in this Division are included in the term alcoholic beverage.

  • SOR/93-145, s. 3(F).

 In this Division,

absolute alcohol

absolute alcohol means alcohol of a strength of 100 per cent; (alcool absolu)

age

age means the period during which an alcoholic beverage is kept under such conditions of storage as may be necessary to develop its characteristic flavour and bouquet; (âge)

alcohol

alcohol means ethyl alcohol; (alcool)

flavouring

flavouring means, in respect of a spirit, any other spirit or wine, domestic or imported, added as a flavouring to that spirit as authorized under the Excise Act; (substance aromatique)

grain spirit

grain spirit means an alcoholic distillate, obtained from a mash of cereal grain or cereal grain products saccharified by the diastase of malt or by other enzymes and fermented by the action of yeast or a mixture of yeast and other micro-organisms, and from which all or nearly all of the naturally occurring substances other than alcohol and water have been removed; (esprit de grain)

malt spirit

malt spirit means an alcoholic distillate, obtained by pot-still distillation from a mash of cereal grain or cereal grain products saccharified by the diastase of malt and fermented by the action of yeast or a mixture of yeast and other micro-organisms; (esprit de malt)

molasses spirit

molasses spirit means an alcoholic distillate, obtained from sugar-cane or sugar-cane products fermented by the action of yeast or a mixture of yeast and other micro-organisms, from which all or nearly all of the naturally occurring substances other than alcohol and water have been removed; (esprit de mélasse)

small wood

small wood means wood casks or barrels of not greater than 700 L capacity; (petit fût)

sweetening agent

sweetening agent means glucose-fructose, fructose syrup or any food for which a standard is provided in Division 18, or any combination thereof. (agent édulcorant)

  • SOR/84-300, s. 10;
  • SOR/93-145, s. 4.

 If an alcoholic beverage contains 1.1% or more alcohol by volume, the percentage by volume of alcohol present in the alcoholic beverage shall be shown on the principal display panel

  • (a) followed by the words “alcohol by volume” or the abbreviation “alc./vol.” or “alc/vol”; or

  • (b) preceded by the abbreviation “alc.” or “alc” and followed by the abbreviation “vol.” or “vol”.

  • SOR/88-418, s. 1;
  • SOR/93-145, s. 5(F);
  • SOR/2014-9, s. 1.

Whisky

 [S]. Whisky or Whiskey, other than Malt Whisky, Scotch Whisky, Irish Whisky, Canadian Whisky, Canadian Rye Whisky, Rye Whisky, Highland Whisky, Bourbon Whisky and Tennessee Whisky,

  • (a) shall be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained from a mash of cereal grain or cereal grain products saccharified by the diastase of malt or by other enzymes and fermented by the action of yeast or a mixture of yeast and other micro-organisms; and

  • (b) may contain caramel and flavouring.

  • SOR/93-145, s. 6;
  • SOR/93-603, s. 2.

 [Repealed, SOR/93-145, s. 7]

 [S]. Malt Whisky

  • (a) shall be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained by the distillation of a mash of malted grain fermented by the action of yeast or a mixture of yeast and other micro-organisms;

  • (b) shall possess the aroma, taste and character generally attributed to malt whisky; and

  • (c) may contain caramel and flavouring.

  • SOR/93-145, s. 8.

 [Repealed, SOR/93-145, s. 9]

 [S]. Scotch Whisky shall be whisky distilled in Scotland as Scotch whisky for domestic consumption in accordance with the laws of the United Kingdom.

 No person shall blend or modify in any manner any Scotch whisky that is imported in bulk for the purpose of bottling and sale in Canada as Scotch whisky except by

  • (a) blending with other Scotch whisky,

  • (b) the addition of distilled or otherwise purified water to adjust to a required strength, or

  • (c) the addition of caramel.

 [S]. Irish Whisky shall be whisky distilled in Northern Ireland or in the Republic of Ireland as Irish whisky for domestic consumption in accordance with the laws of Northern Ireland or the Republic of Ireland.

 No person shall blend or modify in any manner any Irish whisky that is imported in bulk for the purpose of bottling and sale in Canada as Irish whisky except by

  • (a) blending with other Irish whisky,

  • (b) the addition of distilled or otherwise purified water to adjust to a required strength, or

  • (c) the addition of caramel.

  •  [S]. (1) Canadian Whisky, Canadian Rye Whisky or Rye Whisky

    • (a) shall

      • (i) be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained from a mash of cereal grain or cereal grain products saccharified by the diastase of malt or by other enzymes and fermented by the action of yeast or a mixture of yeast and other micro-organisms,

      • (ii) be aged in small wood for not less than three years,

      • (iii) possess the aroma, taste and character generally attributed to Canadian whisky,

      • (iv) be manufactured in accordance with the requirements of the Excise Act and the regulations made thereunder,

      • (v) be mashed, distilled and aged in Canada, and

      • (vi) contain not less than 40 per cent alcohol by volume; and

    • (b) may contain caramel and flavouring.

  • (2) Subject to subsection (3), no person shall make any claim with respect to the age of Canadian whisky, other than for the period during which the whisky has been held in small wood.

  • (3) Where Canadian whisky has been aged in small wood for a period of at least three years, any period not exceeding six months during which that whisky was held in other containers may be claimed as age.

  • SOR/93-145, s. 10;
  • SOR/2000-51, s. 1.

 [S]. Highland Whisky

  • (a) shall be a potable alcoholic beverage blended in Canada from

    • (i) not less than 25 per cent malt whisky calculated on an absolute alcohol basis, distilled in Canada or Scotland, and

    • (ii) whisky; and

  • (b) may, if it contains 51 per cent or more malt whisky distilled in Scotland, be labelled or advertised as containing malt whisky distilled in Scotland.

  • SOR/93-145, s. 10.
  •  (1) Subject to subsection (2), no person shall label, package, sell or advertise any food as Bourbon Whisky, or in such a manner that it is likely to be mistaken for Bourbon whisky unless it is whisky manufactured in the United States as Bourbon whisky in accordance with the laws of the United States applicable in respect of Bourbon whisky for consumption in the United States.

  • (2) A person may modify Bourbon whisky that is imported for the purpose of bottling and sale in Canada as Bourbon whisky by the addition of distilled or otherwise purified water to adjust the Bourbon whisky to a required strength.

  • SOR/89-59, s. 2;
  • SOR/93-145, s. 11(F).
 
Date modified: