Fresh Fruit and Vegetable Regulations (C.R.C., c. 285)

Regulations are current to 2016-11-21 and last amended on 2011-09-30. Previous Versions

Fresh Fruit and Vegetable Regulations

C.R.C., c. 285

CANADA AGRICULTURAL PRODUCTS ACT

Regulations Respecting the Grading, Packing and Marking of Fresh Fruit and Vegetables

Short Title

 These Regulations may be cited as the Fresh Fruit and Vegetable Regulations.

Interpretation

 In these Regulations,

acceptable method

acceptable method[Repealed, SOR/95-475, s. 2]

Act

Act means the Canada Agricultural Products Act; (Loi)

adulterated

adulterated[Repealed, SOR/2011-205, s. 7]

Agency

Agency means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act; (Agence)

aggregate area

aggregate area means an area equivalent to the area of a circle of the diameter specified; (superficie globale)

Canada Produce Legend

Canada Produce Legend[Repealed, SOR/2003-6, s. 2]

Canadian unit

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

catch-weight product

catch-weight product means produce that because of its nature cannot normally be portioned to a predetermined quantity and is, as a result, usually sold in containers of varying quantity; (produit à poids variable)

condition defect

condition defect means any defect that may develop in produce during storage or transit; (défaut d’état)

container

container[Repealed, SOR/86-864, s. 1]

contaminated

contaminated, in respect of produce, means containing a chemical, drug, food additive, heavy metal, industrial pollutant, ingredient, medicine, microbe, pesticide, poison, toxin or any other substance not permitted by, or in an amount in excess of limits prescribed under, the Canadian Environmental Protection Act, the Food and Drugs Act or the Pest Control Products Act; (contaminé)

country of origin

country of origin means, in respect of produce, the country in which the produce was grown; (pays d’origine)

decay

decay means soft, mushy or leaking breakdown of the tissue, from any cause, and commonly known as soft rot; (pourriture)

declaration of net quantity

declaration of net quantity means the net quantity of produce marked on a container pursuant to section 10 of these Regulations; (déclaration de quantité nette)

diameter

diameter means the greatest width at right angles to the longitudinal axis; (diamètre)

Director

Director means the Director designated by the President of the Agency; (directeur)

District Director

District Director[Repealed, SOR/82-1048, s. 1]

edible

edible means fit for use as food; (version anglaise seulement)

firm ripe

firm ripe means that stage of the ripening process of an apple when the flesh is crisp and does not yield to slight pressure; (mûries à point)

food

food has the same meaning as in section 2 of the Food and Drugs Act; (aliment)

food additive

food additive[Repealed, SOR/95-475, s. 2]

inspection certificate

inspection certificate means a certificate in a form approved by the President of the Agency; (certificat d’inspection)

inspection point

inspection point means any place normally serviced by an inspector or at which, in the opinion of the Director, an inspection can be conveniently provided; (endroit d’inspection)

label

label[Repealed, SOR/88-428, s. 1]

lot

lot means a quantity of produce that for any reason is considered separately for inspection; (lot)

metric unit

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

miniature vegetable

miniature vegetable means a variety of vegetable developed through plant breeding to not exceed a small size when mature but does not include immature or undersize specimens of non-miniature vegetable varieties; (mini-légume)

operator

operator means the person who is responsible for the operation of a registered establishment; (exploitant)

permanent defect

permanent defect means any defect of an unchangeable nature; (défaut permanent)

prepackaged product

prepackaged product means produce that is packaged in a container in such a manner that it is ordinarily sold to or used or purchased by a consumer without being re-packaged; (produit préemballé)

principal display panel

principal display panel means that part of the label applied to all or part of the principal display surface; (espace principal)

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 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, and

  • (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; (principale surface exposée)

produce

produce means any fresh fruit, fresh vegetable, nuts or edible fungi; (produit)

program coordinator

program coordinator[Repealed, SOR/83-703, s. 1]

program manager

program manager[Repealed, SOR/94-510, s. 1]

properly packed

properly packed, in respect of produce that is packed in a container, means that

  • (a) the produce is packed in a manner that is not likely to result in damage to the produce during handling or transport, and

  • (b) the container contains not less than the net quantity of produce declared on the label; (convenablement emballés)

Regional Director General

Regional Director General[Repealed, SOR/94-510, s. 1]

registered establishment

registered establishment means an establishment that is registered in accordance with section 56; (établissement agréé)

rutabaga

rutabaga means that vegetable commonly known as swede turnip but does not include the usually smaller species commonly known as summer turnip. (rutabaga)

  • SOR/81-186, s. 1(E);
  • SOR/82-1048, s. 1;
  • SOR/83-703, s. 1;
  • SOR/86-864, ss. 1, 26(E);
  • SOR/87-694, s. 1;
  • SOR/88-193, s. 1(F);
  • SOR/88-369, s. 1;
  • SOR/88-428, ss. 1, 26;
  • SOR/90-218, s. 1;
  • SOR/90-447, s. 1;
  • SOR/90-656, s. 1;
  • SOR/92-618, s. 1;
  • SOR/94-510, s. 1;
  • SOR/94-718, s. 1;
  • SOR/95-475, s. 2;
  • SOR/97-292, s. 3;
  • SOR/2000-184, s. 5;
  • SOR/2002-68, s. 1;
  • SOR/2003-6, s. 2;
  • SOR/2011-205, s. 7.

Application

  •  (1) Subject to subsection (2), these Regulations apply in respect of all produce that is marketed in import or interprovincial trade, supplied fresh to the consumer or for food processing.

  • (2) Subject to Part I.1, subsection (1) does not apply in respect of the following produce:

    • (a) white asparagus, pickling cucumbers and cherry tomatoes;

    • (a.1) miniature vegetables with the exception of miniature cucumbers;

    • (b) beets, carrots and onions, the tops of which are not removed;

    • (c) seed potatoes

      • (i) for which a crop certificate is issued pursuant to the Seeds Regulations, or

      • (ii) that are certified in accordance with the United States Standards for Grades of Seed Potatoes of March 6, 1987;

    • (c.1) strawberries, unless a grade is used in respect thereof;

    • (c.2) produce destined for livestock feeding or for the preparation of animal food in respect of which, in the case of import and interprovincial trade, a certificate or permit attesting to that fact has been issued by the appropriate government authority;

    • (d) produce that is part of an emigrant’s or an immigrant’s effects;

    • (e) produce carried on any vessel, train, motor vehicle, aircraft or other means of transportation for use as food for the crew or passengers thereof;

    • (f) shipments of one or more kinds of produce, consisting of not more than 15 containers and weighing, in the aggregate, not more than 250 kg;

    • (g) fruit marketed in combination with other kinds of fruit or with other food products in a fruit basket or gift pack where

      • (i) the container is clearly labelled with the designation “Gift Pack”,

      • (ii) no one kind of fruit in the combination exceeds 1 kg net weight, and

      • (iii) the net weight of the contents of the container does not exceed 10 kg;

    • (h) vegetables marketed in combination with other kinds of vegetables, where

      • (i) the container is clearly labelled with the designation “Stew-pack” or “Vegetables for Stew”,

      • (ii) no one kind of vegetable in the combination exceeds 1 kg net weight, and

      • (iii) the net weight of the contents of the container does not exceed 10 kg;

    • (i) produce that a dealer has been authorized to test market pursuant to subsection 2.3(2); and

    • (j) produce donated to any organization that is a registered charity under the Income Tax Act or is a non-profit organization within the meaning of that Act.

  • (3) Paragraphs (2)(d) to (g), (i) and (j) do not apply in respect of blueberries packed in containers having a volume capacity of 6 L or less that are

    • (a) conveyed from the province of Nova Scotia, New Brunswick or Prince Edward Island; or

    • (b) imported from an area of the United States consisting of all states east of and including the states of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma and Texas that is designated as an area infested with the blueberry maggot.

  • SOR/92-618, s. 2;
  • SOR/94-510, s. 2;
  • SOR/2003-6, s. 3.

Prohibition

 Except as otherwise provided in these Regulations, no person shall market produce in import, export or interprovincial trade unless it meets the requirements of one of the grades established for it in these Regulations.

  • SOR/95-475, s. 2.

Exemption

  •  (1) The Minister or a delegate of the Minister may exempt from any of the requirements of the Act or these Regulations the marketing in export trade of any fresh fruit or vegetable.

  • (2) The Minister or a delegate of the Minister may exempt from any of the requirements of the Act or these Regulations the marketing in import or interprovincial trade of any fresh fruit or vegetable where the Minister or delegate considers that it is necessary to do so in order to alleviate a shortage in Canada in the available supply from domestic production of the fresh fruit or vegetable or an equivalent fresh fruit or vegetable.

  • SOR/92-618, s. 2.

Test Marketing

  •  (1) Where any produce, or a container or label thereof, does not meet the requirements of these Regulations, a dealer may apply in writing to the Minister for an exemption from the requirements of these Regulations to test market the produce.

  • (2) The Minister may, in writing, authorize the dealer to test market the produce for a period of up to 24 months, where

    • (a) the Minister is satisfied, based on information available to the Minister, that the test market for that produce is valid; and

    • (b) the dealer provides the Minister with evidence that

      • (i) the container to be used is suitable for the produce,

      • (ii) the labelling of the container is not misleading as to the nature, quantity, quality, composition, character, safety, value, variety or origin of the produce, and

      • (iii) the produce meets the requirements of section 3.1.

  • SOR/92-618, s. 2.

PART IGrades and Standards

  •  (1) The grade names and standards for fresh fruit and vegetables set out in Schedule I are, subject to subsections (1.1), (1.2) and (2), as set out in that Schedule.

  • (1.1) Subject to subsection (1.2), the grade names to be applied to fresh fruit and vegetables imported as prepackaged products, or that are packaged or repackaged in Canada for marketing, are as set out in column II of Tables I and II of Schedule I.1.

  • (1.2) Produce referred to in subsection (1.1) that is marketed in its original containers and that conforms to a Canadian grade standard set out in column III of an item of Tables I and II of Schedule I.1 may bear the grade name established in the country of origin of the produce, where the grade name represents substantially the same quality as the import grade name set out in column II of that item.

  • (1.3) Where imported fresh fruit of a kind set out in column I of an item of Table I of Schedule I.1 is labelled with an import grade name set out in column II of that item, or with an equivalent grade name in accordance with subsection (1.2), the fruit shall meet the Canada grade standard set out in column III of that item.

  • (1.4) Where imported fresh vegetables of a kind set out in column I of an item of Table II of Schedule I.1 are labelled with an import grade name set out in column II of that item, or with an equivalent grade name in accordance with subsection (1.2), the vegetables shall meet the Canada grade standard set out in column III of that item.

  • (2) Condition defects shall apply against the grade

    • (a) at all times, of any lot of apples, beets, cabbage, carrots, onions, parsnips, pears, potatoes or rutabagas; and

    • (b) of any lot of produce not referred to in paragraph (a), at the time of shipping or repackaging.

  • (3) [Repealed, SOR/94-718, s. 2]

  • SOR/87-694, s. 2;
  • SOR/88-193, s. 2;
  • SOR/90-243, s. 1;
  • SOR/94-510, s. 3;
  • SOR/94-718, s. 2;
  • SOR/2002-354, s. 2.

PART I.1Health and Safety

  •  (1) Subject to subsection (2), no person shall market produce in import, export or interprovincial trade as food unless it

  • (2) It is prohibited for anyone to mix produce that is contaminated with other produce of the same kind so that it meets the requirements of subsection (1).

  • (3) [Repealed, SOR/95-475, s. 2]

  • (4) For the purposes of paragraph (1)(e), prepared in a sanitary manner includes preparation in such a manner that

    • (a) no stagnant or polluted water is used in the washing or fluming of the produce;

    • (b) only potable water is used in the final rinsing of the produce to remove any surface contaminant before packing;

    • (c) the final rinse water, if reused, is used only in the initial washing or fluming of the produce; and

    • (d) the produce is handled with equipment that is cleaned regularly.

  • SOR/90-656, s. 2;
  • SOR/95-475, s. 2;
  • SOR/2000-184, s. 6;
  • SOR/2011-205, s. 8.

 Produce that is contaminated may be marketed in import, export or interprovincial trade as animal food if it is

  • (a) fit for use as animal food;

  • (b) labelled with the words "animal food" and "aliments pour animaux";

  • (c) prepared separately from produce intended for use as food; and

  • (d) where appropriate, treated to give it the appearance of being inedible.

  • SOR/90-656, s. 2;
  • SOR/95-475, s. 2;
  • SOR/2003-6, s. 4;
  • SOR/2011-205, s. 9.

 [Repealed, SOR/2003-6, s. 5]

PART IIPackaging and Labelling

Packaging

[SOR/88-428, s. 26(F); SOR/92-618, s. 3]

 Subject to sections 6 and 6.1, this Part does not apply in respect of produce that is

  • (a) prepackaged in a wrapper or confining band that is less than 13 mm (1/2 inch) in width; or

  • (b) displayed in bulk in a retail store

    • (i) unlabelled, except for bar codes, number codes, environmental statements and product treatment symbols, and packaged in an otherwise clear, transparent protective wrapping, or

    • (ii) without any packaging.

  • SOR/80-204, s. 1;
  • SOR/83-703, s. 2;
  • SOR/88-369, s. 2;
  • SOR/88-428, ss. 2, 26(F);
  • SOR/90-243, s. 2;
  • SOR/90-656, s. 3;
  • SOR/92-618, s. 4;
  • SOR/94-510, s. 4.
  •  (1) Subject to subsection (2) and sections 6 to 7, produce may be marketed in any suitable container.

  • (2) No produce for which a grade is established shall be marketed in import or interprovincial trade in a container that has a capacity exceeding

    • (a) 25 kg net weight, in the case of apples; or

    • (b) 50 kg net weight, in the case of any other produce.

  • SOR/88-428, s. 26;
  • SOR/92-618, s. 5;
  • SOR/94-510, s. 4.
  •  (1) No person shall package produce in a container that bears a label that misrepresents the quality, quantity, composition, nature, safety, value, origin or variety of the contents.

  • (2) In the case of prepackaged produce where the produce is visible and identifiable, the produce shall be packaged in a manner that indicates the nature and quality of the contents.

  • SOR/92-618, s. 5;
  • SOR/94-510, s. 4.
  •  (1) Subject to subsection (2), the following kinds of produce marketed as prepackaged products, namely, beets, carrots, onions, parsnips, potatoes and rutabagas, shall be packaged in accordance with Schedule II.

  • (2) Produce of a kind referred to in subsection (1) may be marketed in any transparent container in which the net quantity of the produce is not more than 1.36 kg (3 pounds), except for the following kinds of produce that are packed in bags, namely,

    • (a) beets, carrots, parsnips, potatoes and rutabagas; and

    • (b) onions, except Spanish-type onions that have a diameter of at least 76 mm (3 inches).

  • SOR/94-510, s. 4.

 Containers of produce shall not be so stained, soiled, warped, broken or otherwise damaged as to affect the shipping quality or saleability of the produce packed therein.

  • SOR/88-428, s. 26;
  • SOR/94-510, s. 4.

 Containers of produce shall

  • (a) be securely closed in a manner appropriate for the type of container;

  • (b) where the container is a bag and contains sweet corn, be of the open mesh type, and be new, clean and free from stains; and

  • (c) where the container contains potatoes or onions, be new, clean and free from stains.

  • SOR/88-428, s. 26;
  • SOR/92-618, s. 6;
  • SOR/94-510, s. 5.

 [Repealed, SOR/92-618, s. 7]

Labelling

[SOR/92-618, s. 8]
  •  (1) Every container of prepackaged produce shall be labelled

    • (a) with the grade name, if any, established by or specified in these Regulations for the produce;

    • (b) with the information required by subsections (3), (4), (6) and (6.1) and, in the case of imported produce, subsection (11); and

    • (c) in accordance with the Consumer Packaging and Labelling Act and the Consumer Packagaing and Labelling Regulations.

  • (2) Subject to section 23, every shipping container of produce shall be labelled in one of the official languages with the following information:

    • (a) the common name of the produce;

    • (b) with the exception of imported produce, the grade name of the produce;

    • (c) the net quantity of the produce;

    • (d) the identity and principal place of business of the person by or for whom the produce was grown or packaged for resale; and

    • (e) the information required by subsections (3), (4), (6) and (6.1) and, in the case of imported produce, subsection (11).

  • (2.1) Paragraph (2)(a) does not apply if the container is an open container or is transparent.

  • (3) Every label applied to a container of apples or pears shall show the name of the variety of the apples or pears therein.

  • (4) Subject to subsection (5) and section 23, every label applied to a container of untiered apples shall show the diameter size range of the apples as set out in subparagraph 4(1)(c) of Part I of Schedule I.

  • (5) Subsection (4) does not apply if the container

    • (a) is transparent;

    • (b) is an open basket of not more than 11 quarts capacity; or

    • (c) contains apples of Canada Commercial Cookers grade.

  • (6) Every label applied to a basket of peaches or to a container of untiered peaches shall be marked with the minimum diameter prescribed by these Regulations for the grade of peaches therein.

  • (6.1) Every label applied to a container of potatoes of a yellow fleshed variety shall show, on the principal display surface of the container and in bold face type in letters of not less than 1/2 inch (12.7 mm) in height, the words

    • (a) “yellow fleshed”, where the common name of the produce is shown elsewhere on the container; or

    • (b) “yellow fleshed potatoes”, where the common name of the produce is not shown elsewhere on the container.

  • (7) Subject to subsection (8), all information required by these Regulations to be shown on a label of produce may be shown on any part of the label except that part of the label, if any, applied to the bottom of a container.

  • (8) In the case of produce to which the Consumer Packaging and Labelling Regulations apply, all information required by these Regulations to be shown on a label shall be shown in the manner that would be required if the information were information required by the Consumer Packaging and Labelling Regulations.

  • (9) A grade name set out in Schedule I shall not be applied to or used in connection with imported produce.

  • (10) A grade name shall not be used in connection with produce unless each container of the produce is marked with the grade name.

  • (11) Every container of imported produce shall be labelled to show on the principal display panel and in close proximity to the declaration of net quantity or the grade name, the words “Product of”, “Produce of”, “Grown in” or “Country of Origin”, followed by the name of the country of origin of the produce, or other words which clearly indicate the country in which the produce was grown.

  • SOR/80-466, s. 1;
  • SOR/81-186, s. 2;
  • SOR/86-688, s. 1;
  • SOR/86-864, ss. 2, 26(E);
  • SOR/88-193, s. 3;
  • SOR/88-428, s. 26;
  • SOR/90-243, s. 3;
  • SOR/92-618, s. 9;
  • SOR/94-510, s. 6;
  • SOR/94-718, s. 3;
  • SOR/2002-354, s. 3.
  •  (1) Produce labels shall be applied in a manner that will ensure that the produce bears the label at the time the produce is sold to the consumer.

  • (2) Subject to section 12, the information required by these Regulations to be shown on produce labels shall be shown in such a manner that the information is easily legible by the consumer under normal or customary conditions of sale.

  • SOR/86-864, ss. 3, 26(E);
  • SOR/88-428, s. 26;
  • SOR/94-510, s. 7.
  •  (1) For the purposes of this section, the height of a letter means

    • (a) the height of an upper case letter where words appear in upper case; and

    • (b) the height of the lower case letter “o” where words appear in lower case or in a combination of upper and lower case.

  • (2) Subject to subsection (5), the letters and numerical quantities in the declaration of net quantity, the grade name, the registration number of the registered establishment and the country of origin shall be shown in bold-face type in letters and numerals of not less than the following height:

    • (a) 1/16 inch (1.6 millimetres), where the principal display surface of the container is not more than five square inches (32 square centimetres);

    • (b) 1/8 inch (3.2 millimetres), where the principal display surface of the container is more than five square inches (32 square centimetres) but not more than 40 square inches (258 square centimetres);

    • (c) 1/4 inch (6.4 millimetres), where the principal display surface of the container is more than 40 square inches (258 square centimetres) but not more than 100 square inches (645 square centimetres);

    • (d) 3/8 inch (9.5 millimetres), where the principal display surface of the container is more than 100 square inches (645 square centimetres) but not more than 400 square inches (25.8 square decimetres); and

    • (e) 1/2 inch (12.7 millimetres), where the principal display surface of the container is more than 400 square inches (25.8 square decimetres).

  • (3) Subject to subsection (5), all information required by these Regulations to be shown on the label of produce, other than the information referred to in subsection (2), shall be shown in print that is at least 1.6 mm in height.

  • (4) [Repealed, SOR/94-510, s. 8]

  • (5) Subsections (2) and (3) do not apply to

    • (a) a prepackaged product that is packaged from bulk on retail premises; or

    • (b) a prepackaged catch-weight product that is sold by a retailer.

  • (6) [Repealed, SOR/94-510, s. 8]

  • SOR/86-864, s. 26(E);
  • SOR/88-193, s. 4;
  • SOR/88-369, s. 4;
  • SOR/88-428, ss. 4, 26;
  • SOR/90-243, s. 4;
  • SOR/94-510, s. 8;
  • SOR/2003-6, s. 6.

 Where the declaration of net quantity is in terms of metric units and Canadian units, those units shall be grouped together.

  •  (1) The net quantity of produce that is not required by these Regulations to be shown in terms of numerical count shall be shown

    • (a) where the produce is prepackaged, in terms of

      • (i) metric units and Canadian units, or

      • (ii) 25, 50, 125, 250, 500 or 750 grams or millilitres or whole number multiples of 500 grams or millilitres; or

    • (b) where the produce is not prepackaged, in terms of

      • (i) metric units,

      • (ii) Canadian units, or

      • (iii) metric units and Canadian units.

  • (2) [Repealed, SOR/88-428, s. 5]

  • (3) Paragraph (1)(a) does not apply to

    • (a) a prepackaged product that is packaged from bulk on retail premises, or

    • (b) a prepackaged catch-weight product that is sold by a retailer

    if the net quantity is shown in terms of metric units or in terms of Canadian units.

  • SOR/88-369, s. 5;
  • SOR/88-428, s. 5;
  • SOR/94-510, s. 9.

 [Repealed, SOR/94-510, s. 10]

 The declaration of net quantity on a closed container of tiered apples, peaches or pears shall be shown in terms of numerical count.

  • SOR/86-782, s. 1;
  • SOR/86-864, s. 26(E);
  • SOR/88-369, s. 6;
  • SOR/88-428, ss. 6, 26.
  •  (1) The declaration of net quantity on a container of

    • (a) heads of cauliflower or lettuce,

    • (b) stalks of celery,

    • (c) ears of sweet corn, or

    • (d) greenhouse cucumbers of Canada No. 1 grade,

    shall be shown in terms of numerical count.

  • (2) Where Spanish type onions that have a diameter of at least three inches (76.2 mm) are packed as prepackaged products, the declaration of net quantity may be shown in terms of numerical count.

  • (3) Notwithstanding paragraph (1)(c), where ears of sweet corn are not packaged as prepackaged products, the declaration of net quantity may be shown in terms of volume measurement.

  • (4) Where cabbages are packed in containers other than bags, the declaration of net quantity may be shown in terms of numerical count or volume measurement.

  • SOR/80-204, s. 2;
  • SOR/81-186, s. 3;
  • SOR/84-887, s. 1;
  • SOR/86-864, s. 26(E);
  • SOR/88-428, s. 26;
  • SOR/90-243, s. 5.

 Subject to section 19, where produce is packed in a bag, the net quantity shall be shown by weight.

 [Repealed, SOR/94-510, s. 11]

 Where a container of produce is packed in another container, the outer container need be marked only with

  • (a) the common name of the produce,

  • (b) the grade name, if any, established by these Regulations for the produce, except in the case of imported produce,

  • (c) the identity and principal place of business of the person by or for whom the produce was produced or packaged for resale, and

  • (d) the country of origin, in the case of imported produce, in accordance with subsection 10(11),

but where the produce or any of the information referred to in paragraphs (a) to (d) is easily and clearly discernible in or on the inner container without opening the outer container, the same information is not required to be shown on the outer container.

  • SOR/79-144, s. 1(F);
  • SOR/80-466, s. 2;
  • SOR/82-1048, s. 2;
  • SOR/86-864, s. 26(E);
  • SOR/88-193, s. 5;
  • SOR/88-428, s. 26;
  • SOR/95-475, s. 2;
  • SOR/2002-354, s. 4;
  • SOR/2003-6, s. 7.

 A grade name established by these Regulations shall not be applied to apples displayed for sale in a retail store unless the variety of the apples is clearly indicated.

 When the size of produce is required by these Regulations to be shown on a label, it shall be shown immediately adjacent to the grade name in the same sized print as the grade name, in terms of

  • (a) metric units;

  • (b) Canadian units;

  • (c) metric units and Canadian units; or

  • (d) any of the word descriptions set out in Part II of Schedule I.

  • SOR/86-864, s. 5;
  • SOR/88-369, s. 7;
  • SOR/88-428, s. 7;
  • SOR/94-718, s. 4.

 No label of produce graded pursuant to these Regulations or imported into Canada shall be marked with any word or words declaring or implying that the produce packed therein is superior in quality to the grade marked thereon.

  • SOR/88-428, s. 26(F).

PART IIIImport and Interprovincial Trade

[SOR/94-510, s. 12]
[SOR/98-155, s. 1]

Interprovincial Trade

  •  (1) Subject to subsection (2) and section 29, no person shall market in interprovincial trade any produce for which a grade has been established unless the produce

    • (a) is packaged and labelled in accordance with Part II; and

    • (b) meets the applicable standards prescribed by subsection 3(1).

  • (2) Subsection (1) does not apply in respect of blueberries, except those grown in the Province of Nova Scotia, New Brunswick or Prince Edward Island.

  • SOR/81-186, s. 4(F);
  • SOR/86-456, s. 1;
  • SOR/86-864, s. 26(E);
  • SOR/88-369, s. 8;
  • SOR/88-428, ss. 8, 26;
  • SOR/90-447, s. 2;
  • SOR/92-618, s. 10;
  • SOR/94-510, s. 12.

 [Repealed, SOR/94-510, s. 12]

  •  (1) Subject to subsections (2) and (3), no person shall market in interprovincial trade the following kinds of produce:

    • (a) apples grown in and shipped from the Province of Nova Scotia, New Brunswick, Quebec, Ontario or British Columbia;

    • (b) potatoes grown in and shipped from the Province of Nova Scotia, New Brunswick, Prince Edward Island, Quebec or Ontario; and

    • (c) blueberries grown in and shipped from the Province of Nova Scotia, New Brunswick or Prince Edward Island and packed in containers having a capacity of six litres or less.

    • (d) and (e) [Repealed, SOR/95-225, s. 1]

  • (2) A person may market in interprovincial trade produce referred to in subsection (1) where the produce is accompanied by one of the following documents, namely,

    • (a) an inspection certificate issued by an inspector, dated not more than three days, including Saturdays and holidays, prior to the date of shipment, certifying that the produce meets the requirements of these Regulations;

    • (b) where an inspection certificate cannot be issued at the time of the inspection, a document issued by an inspector, dated not more than three days, including Saturdays and holidays, prior to the date of shipment and signed by the inspector, certifying that the produce was inspected and that it meets the requirements of these Regulations; or

    • (c) a release permit issued by an inspector, in a form established by the Agency, where an inspection cannot be performed within the time referred to in paragraph 40(1)(a) or (b).

  • (3) Subsection (1) does not apply in respect of produce that is prepared in an establishment that is registered, maintained and operated in accordance with Part X.

  • SOR/79-144, s. 2;
  • SOR/80-204, s. 3;
  • SOR/86-864, s. 6;
  • SOR/87-694, s. 3;
  • SOR/88-384, s. 1;
  • SOR/88-428, s. 26;
  • SOR/90-447, s. 2;
  • SOR/94-510, s. 13;
  • SOR/95-225, s. 1;
  • SOR/96-361, s. 1;
  • SOR/97-292, s. 4;
  • SOR/2003-6, s. 8.

 [Repealed, SOR/90-447, s. 2]

 [Repealed, SOR/92-618, s. 12]

 [Repealed, SOR/98-155, s. 2]

 [Repealed, SOR/95-225, s. 3]

Import Trade

  •  (1) Subject to subsections (2) to (4) and section 35, no person shall market any produce in import trade unless

    • (a) the produce

      • (i) is packaged and labelled in accordance with Part II, and

      • (ii) meets the applicable standards prescribed by subsection 3(1);

    • (b) in the case of apples, onions and potatoes, the apples, onions and potatoes are inspected by an inspector

      • (i) at the Canadian port of entry if that port is an inspection point, or

      • (ii) at any other inspection point as authorized by an inspector; and

    • (c) in the case of apples, onions and potatoes, an inspector certifies that the apples, onions and potatoes meet the requirements of these Regulations.

  • (2) Apples marketed in import trade shall meet the requirements of one of the following grades:

    • (a) in the case of apples that are marketed in import trade from the United States or shipped to Canada from another country through the United States, other than a lot that is bonded, Canada Extra Fancy or Canada Fancy; and

    • (b) in the case of apples that are marketed in import trade from places other than the United States, Canada Extra Fancy, Canada Fancy or Canada Commercial.

  • (3) Potatoes marketed in import trade shall meet the requirements of Canada No. 1 grade.

  • (3.1) Potatoes that are artificially coloured shall not be imported.

  • (4) Subsection (1) does not apply in respect of rhubarb.

  • SOR/79-144, s. 3;
  • SOR/80-204, s. 4;
  • SOR/87-694, s. 4;
  • SOR/88-428, s. 26;
  • SOR/90-447, s. 2;
  • SOR/94-510, s. 14;
  • SOR/94-718, s. 6;
  • SOR/95-225, s. 4.
  •  (1) Subject to subsection (4), every lot of apples, onions or potatoes imported from the United States or shipped to Canada from another country through the United States, except a lot that is bonded, shall be accompanied by the following documents certifying that the apples, onions or potatoes meet the requirements of these Regulations:

    • (a) a serially-numbered Federal-State Inspection Certificate issued by the United States Department of Agriculture; or

    • (b) evidence of inspection in the form of a telex, facsimile or electronic mail message from a United States Federal-State Inspection supervisor.

  • (2) Subject to subsection (5), every lot of apples imported from New Zealand shall be accompanied by the following documents certifying that the apples meet the standards of Canada Extra Fancy grade, Canada Fancy grade or Canada Commercial grade and the requirements of these Regulations:

    • (a) a serially-numbered inspection certificate issued by the New Zealand Ministry of Agriculture and Fisheries; or

    • (b) evidence of inspection in the form of a telex, facsimile or electronic mail message issued by the New Zealand Ministry of Agriculture and Fisheries.

  • (3) The certification referred to in subsections (1) and (2) shall be made by endorsing the certificate or the evidence of inspection with the words “Meets Canadian Import Requirements” or “Satisfait aux exigences d’importation du Canada”.

  • (4) Where a lot of apples, onions or potatoes referred to in subsection (1) is not accompanied at a Canadian port of entry by a Federal-State Inspection Certificate or evidence of inspection referred to in that subsection, an inspector shall inspect the lot of apples, onions or potatoes

    • (a) at the Canadian port of entry, if that port is an inspection point; or

    • (b) at any other inspection point, if authorized by an inspector.

  • (5) Where a lot of apples referred to in subsection (2) is not accompanied at a Canadian port of entry by an inspection certificate or evidence of inspection referred to in that subsection, an inspector shall inspect the lot of apples

    • (a) at the Canadian port of entry, if that port is an inspection point; or

    • (b) at any other inspection point, if authorized by an inspector.

  • (6) An inspection referred to in subsection (4) or (5) shall be made

    • (a) on the basis that the apples, onions or potatoes meet the applicable standards of one of the grades referred to in section 34; and

    • (b) in accordance with the applicable general tolerances set out in Schedule I, where the apples, onions or potatoes are inspected at the time of shipping or at the time of repackaging.

  • (7) [Repealed, SOR/94-510, s. 15]

  • SOR/79-144, s. 4;
  • SOR/87-694, s. 5;
  • SOR/90-447, s. 2;
  • SOR/92-618, s. 14;
  • SOR/94-510, s. 15;
  • SOR/95-225, s. 5;
  • SOR/95-475, s. 2(F);
  • SOR/96-361, s. 3.
  •  (1) Subject to sections 36.1 and 36.2, in the case of apples or potatoes imported from the United States or shipped to Canada from another country through the United States, other than a lot that is bonded, the requirements of paragraph 34(2)(a) and subsection 34(3) shall be considered to be met where the apples or potatoes meet the requirements of and the standards set out in subsections (2) and (11) to (13).

  • (1.1) Subject to sections 36.1 and 36.2, in the case of produce, other than apples or potatoes, that is imported from the United States or shipped to Canada from another country through the United States, other than a lot that is bonded, the requirement of subparagraph 34(1)(a)(ii) shall be considered to be met where the produce meets the requirements of and the standards set out in subsections (3) to (10) and (14) to (16).

  • (2) Every lot of apples shall meet the following requirements, namely,

    • (a) subject to paragraphs (c) and (d), the requirements of U.S. Extra Fancy grade, U.S. Fancy grade or U.S. No. 1 grade;

    • (b) the apples shall have a minimum diameter of 60 mm (2 3/8 inches);

    • (c) in the case of U.S. Extra Fancy grade, the colour requirements for Canada Extra Fancy grade as set out in sections 12 and 13 of Part I of Schedule I;

    • (d) in the case of U.S. Fancy grade or U.S. No. 1 grade, the colour requirements for Canada Fancy grade as set out in sections 12 and 13 of Part I of Schedule I; and

    • (e) the requirements set out in section 51.323 of the United States Standards for Grades of Apples, as amended March 26, 1976.

  • (3) Every lot of blueberries packed in containers having a capacity of six litres or less and imported from an area of the United States consisting of all states east of and including the states of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma and Texas that is designated as an area infested with the blueberry maggot shall meet the standards of U.S. No. 1 grade.

  • (4) Every lot of grapes shall meet the standards of any grade of grapes, other than a processing grade, established by the United States Department of Agriculture.

  • (5) Every lot of peaches shall meet the following requirements, namely,

    • (a) the standards of the U.S. Fancy grade, U.S. Extra No. 1 grade, U.S. No. 1 grade or U.S. No. 2 grade; and

    • (b) the peaches shall have a minimum diameter of

      • (i) in the case of peaches sold prior to August 15 in any year, 54 mm (2 1/8 inches), and

      • (ii) in the case of peaches sold on or after August 15 of any year, 57 mm (2 1/4 inches).

  • (6) Every lot of pears shall meet the standards of U.S. Extra No. 1 grade, U.S. No. 1 grade, U.S. Combination grade or U.S. No. 2 grade, with not more than five per cent of the pears affected by condition defects after storage or transit, and not more than three per cent of the condition defects attributable to decay or internal breakdown.

  • (7) Every lot of sour cherries shall meet the standards of U.S. No. 1 grade for processing or U.S. No. 2 grade for processing.

  • (8) Every lot of asparagus shall meet the following requirements, namely,

    • (a) the standards of U.S. No. 1 grade or U.S. No. 2 grade; and

    • (b) not more than five per cent of the asparagus by count shall be white in colour over more than 15 per cent of its stalk length.

  • (9) Every lot of sweet corn shall meet the standards of U.S. Fancy grade or U.S. No. 1 grade.

  • (10) Every lot of greenhouse cucumbers shall meet the following requirements, namely,

    • (a) the standards of U.S. Fancy grade or U.S. No. 1 grade; and

    • (b) in the case of long, seedless varieties, the cucumbers shall have a minimum length of 280 mm (11 inches).

  • (11) Subject to subsections (11.1) to (13), every lot of potatoes shall meet

    • (a) the standards of U.S. Extra No. 1 grade or U.S. No. 1 grade;

    • (b) with the exception of new potatoes grown in and shipped from the United States on or before September 15 in any year, the requirements of “slightly skinned” as defined in the United States Standards for Grades of Potatoes;

    • (c) the requirements of “fairly clean” as defined in the United States Standards for Grades of Potatoes; and

    • (d) the requirements as set out in paragraph 89(2)(f) of Part II of Schedule I.

  • (11.1) Where potatoes have a minimum diameter of less than 57 mm (2 1/4 inches), not more than three per cent of the potatoes by weight may have less than the minimum diameter and not more than five per cent of the potatoes by weight may exceed the maximum diameter.

  • (12) Where potatoes have a minimum diameter of 57 mm (2 1/4 inches) or larger, five per cent of the potatoes by weight may have less than the minimum diameter and five per cent of the potatoes by weight may exceed the maximum diameter.

  • (13) New potatoes of a round variety grown in and shipped from the United States on or before September 15 in any year and new potatoes of a long variety grown in and shipped from the United States on or before June 30 in any year, subject to a tolerance of five per cent by weight for undersize potatoes, may have a minimum diameter of 48 mm (1 7/8 inches), except for those for which a minimum diameter lower than 48 mm (1 7/8 inches) is set out in subparagraph (11)(d)(ii).

  • (14) Every lot of rutabagas shall meet the standards of U.S. No. 1 grade.

  • (15) Every lot of field tomatoes shall meet the following requirements, namely,

    • (a) the standards of U.S. No. 1 grade, U.S. No. 2 grade or U.S. Combination grade;

    • (b) where the tomatoes are a type other than the pear type or plum type, they shall have a minimum diameter of 44 mm (1 3/4 inches); and

    • (c) where the tomatoes are the pear or plum type, they shall have a minimum diameter of 32 mm (1 1/4 inches).

  • (16) Every lot of produce referred to in section 34 and not referred to in this section shall meet the standards of one of the grades, other than a processing grade, established by the United States Department of Agriculture for the produce, and shall meet the following requirements, namely,

    • (a) in the case of beets, the beets shall have a minimum diameter of 32 mm (1 1/4 inches);

    • (b) in the case of carrots other than the “Baby”, “Mini”, “Finger” or “Cocktail” types, the carrots shall have a minimum diameter of 19 mm (3/4 inch) and a minimum length of 114 mm (4 1/2 inches);

    • (c) in the case of parsnips, the parsnips shall have a minimum diameter of 25 mm (one inch); and

    • (d) in the case of onions, the onions shall have a minimum diameter of 32 mm (1 1/4 inches), except U.S. No. 1 Picklers which shall meet the grade standards established by the United States Department of Agriculture for that grade.

  • SOR/79-144, s. 5;
  • SOR/80-204, s. 5;
  • SOR/81-186, s. 5(E);
  • SOR/82-1048, s. 4;
  • SOR/84-887, s. 2;
  • SOR/86-688, s. 3;
  • SOR/86-782, s. 2;
  • SOR/87-694, s. 6;
  • SOR/88-369, s. 11;
  • SOR/88-428, s. 11;
  • SOR/90-243, s. 7;
  • SOR/90-447, s. 2;
  • SOR/92-618, s. 15;
  • SOR/94-510, s. 16;
  • SOR/94-718, ss. 7, 8;
  • SOR/95-475, s. 2;
  • SOR/2002-354, s. 5;
  • SOR/2003-6, s. 9.

 During periods when United States import requirements are based on a domestic marketing order as provided under section 8(e) of the United States Agricultural Marketing Agreement Act of 1937, produce of a grade or quality inferior to that permitted under the marketing order shall not be imported.

  • SOR/90-447, s. 2.

 During periods when the movement of produce within an area of the United States is governed by a marketing order not affecting United States import requirements, produce of a grade or quality inferior to that permitted under the marketing order shall not be imported from that area.

  • SOR/90-447, s. 2.
  •  (1) Sections 34 to 36.2 do not apply in respect of shipments of produce imported from the United States onto the Akwesasne Reserve for use by an individual who is a permanent resident of the Akwesasne Reserve.

  • (2) Subsection (1) does not apply in respect of produce that is shipped to Canada from another country through the United States if the shipment is bonded.

  • SOR/79-144, s. 6;
  • SOR/86-864, s. 8;
  • SOR/88-193, s. 6;
  • SOR/88-428, s. 26;
  • SOR/90-243, s. 8;
  • SOR/90-447, s. 2;
  • SOR/94-510, s. 17.

 [Repealed, SOR/94-510, s. 17]

 [Repealed, SOR/92-618, s. 17]

 [Repealed, SOR/90-447, s. 2]

PART VIIInspection

  •  (1) If a person wishes to have produce inspected for the purpose of compliance with the requirements of Part III or for the purpose of exporting onions, potatoes or field tomatoes to the United States or Puerto Rico, the person’s request for an inspection shall be made in writing in a form provided by the Agency.

  • (2) If a person wishes to have produce inspected for the purposes of export or interprovincial trade, other than a purpose referred to in subsection (1), the person’s request for an inspection shall be made in writing in a form provided by the Agency and shall be performed if an inspector is available in the area.

  • (3) The request for an inspection shall be made

    • (a) to an inspector at least 24 hours before the inspection, if there is an inspector in the area; or

    • (b) at the nearest inspection office at least 48 hours before the inspection, if there is no inspector in the area.

  • (4) The person who requests the inspection shall make readily accessible for inspection all produce from which samples can be taken by the inspector in carrying out the inspection.

  • SOR/79-144, s. 7;
  • SOR/82-1048, s. 5;
  • SOR/83-703, s. 3;
  • SOR/86-456, s. 2;
  • SOR/86-864, s. 9;
  • SOR/90-243, s. 9;
  • SOR/90-447, s. 2;
  • SOR/94-510, s. 18;
  • SOR/98-155, s. 3;
  • SOR/2000-184, s. 8;
  • SOR/2011-11, s. 1.

 [Repealed, SOR/90-447, s. 2]

  •  (1) Where an inspector examines produce the applicant for the inspection shall ensure that the following conditions are met, namely, that

    • (a) lighting that provides illumination of at least 540 lux is provided to facilitate a proper inspection;

    • (b) a location free from vehicular traffic or other hazards is provided where the inspection may be safely performed;

    • (b.1) an electrical outlet that is in accordance with the electrical code of the province in which the establishment is located is provided to facilitate the use of electronic equipment necessary to carry out the inspection, to record the inspection results and to produce an inspection certificate at the worksite;

    • (c) the containers are located in such a manner that they are completely and readily accessible for inspection;

    • (d) assistance to open and close the containers is provided as well as such other assistance that the inspector requires; and

    • (e) at least one employee on the premises is designated who may be required to assist the inspector.

  • (2) Where an inspector has inspected produce referred to in section 40, the inspector

    • (a) shall issue an inspection certificate with respect to the produce;

    • (a.1) may, with respect to the produce, issue a document signed by the inspector certifying that the produce has been inspected;

    • (b) may mark or have marked in the inspector’s presence and according to the inspector’s instructions any of the containers of produce in the lot that was inspected with an identification number or numbers indicating that those containers of produce were in the lot of produce that was inspected; and

    • (c) may seal, using a numbered Agency seal, any vehicle into which produce, in respect of which an inspection certificate or a document has been issued under paragraph (a), has been loaded.

  • (3) An inspection certificate shall be signed by an inspector and shall set out

    • (a) the date and place of inspection;

    • (b) a description of the produce inspected;

    • (c) the name and address of the person who applied for the inspection; and

    • (d) a statement to the effect that the produce was inspected and found to have been prepared in accordance or not in accordance with these Regulations, as the case may be, and the restrictions, if any, that the inspector has placed on the certificate.

  • (4) An inspection certificate is valid for the purposes of marketing produce in import, export or interprovincial trade

    • (a) where the certificate bears the signature of an inspector; and

    • (b) for a period of three days, including Saturdays and holidays, after its date of issue.

  • SOR/90-447, s. 2;
  • SOR/92-618, s. 18;
  • SOR/94-510, s. 19;
  • SOR/95-475, s. 2;
  • SOR/95-548, s. 2;
  • SOR/97-292, s. 6.
  •  (1) Where, because of poor inspection conditions or latent defects in the produce, an inspector is unable to determine the condition of the produce or whether the produce meets a particular grade requirement or standard, the inspector shall postpone the inspection of the produce until the inspector is able to make a determination.

  • (2) [Repealed, SOR/2011-11, s. 2]

  • (3) [Repealed, SOR/2000-183, s. 4]

  • SOR/85-961, s. 1;
  • SOR/87-694, s. 8;
  • SOR/88-428, s. 26;
  • SOR/90-447, s. 2;
  • SOR/95-475, s. 2;
  • SOR/96-361, s. 4;
  • SOR/2000-183, s. 4;
  • SOR/2011-11, s. 2.

 [Repealed, SOR/90-447, s. 2]

  •  (1) The Director may, on the request of a person who has a financial interest in the produce in respect of which an inspection certificate or other document has been issued under paragraph 41(2)(a), provide the person with copies of the certificate or other document.

  • (2) The Director may, on application by a person referred to in subsection (1), grant an appeal inspection with respect to an inspection certificate issued in respect of the produce.

  • (3) The application for an appeal inspection referred to in subsection (2) shall

    • (a) set out the reasons for the granting of the appeal inspection; and

    • (b) be accompanied by a copy of the original inspection certificate.

  • (4) The Director may refuse to grant an appeal inspection where

    • (a) the produce is not accessible for inspection;

    • (b) the produce cannot be identified by the original inspection certificate or the vehicle, if any, in which it was conveyed; or

    • (c) less than 75 per cent of the lot of produce is available for inspection.

  • (5) Where the Director grants an appeal inspection, the inspector making the appeal inspection shall

    • (a) where the findings of the second inspection substantiate the original findings, confirm the original inspection certificate; and

    • (b) where the findings of the second inspection do not substantiate the original findings with respect to any factor that could not have changed since the original inspection, issue an inspection certificate rendering the original inspection certificate null and void.

  • SOR/90-447, s. 2;
  • SOR/95-475, s. 2;
  • SOR/2006-221, s. 1(E).

 [Repealed, SOR/92-618, s. 19]

 [Repealed, SOR/90-447, s. 2]

PART VIIIAdministration

Seizure and Detention

  •  (1) Except as authorized by an inspector pursuant to subsection (2), no person other than an inspector shall alter, deface or remove a detention tag or notice attached to produce, to the produce container or to any other thing, where an inspector has

    • (a) seized and detained the produce or other thing pursuant to section 23 of the Act;

    • (b) affixed to the produce, to the produce container or to the other thing, a detention tag or other form of notice on which the words “UNDER DETENTION”, “DETAINED” or “RETENU” are clearly marked; and

    • (c) issued a notice of detention, in a form established by the President of the Agency,

      • (i) to the person who has the care or custody of the produce or other thing at the place where it was seized,

      • (ii) to the owner of the produce or other thing that was seized or to the owner’s agent, and

      • (iii) where the produce or other thing is removed from the place where it was seized to another place in accordance with subsection 19(5) or 25(1) of the Act, to the person who has the care or custody of the produce or other thing at that other place.

  • (2) Where it would be impracticable for an inspector to alter, deface or remove a detention tag or a notice attached to produce, to the produce container or to the other thing, the inspector may authorize a person to do so on the inspector’s behalf.

  • SOR/90-447, s. 2;
  • SOR/94-510, s. 20;
  • SOR/2000-184, s. 8.

 Any produce or other thing detained pursuant to section 23 of the Act shall be maintained by the person who has the care or custody of the produce or other thing under storage conditions appropriate to the preservation of the produce or thing.

  • SOR/90-447, s. 2;
  • SOR/94-510, s. 20.

 No produce or other thing detained pursuant to section 23 of the Act shall be released unless an inspector issues a notice of release, in a form established by the President of the Agency, to each of the persons to whom a copy of the notice of detention referred to in paragraph 45(1)(c) was issued.

  • SOR/90-447, s. 2;
  • SOR/94-510, s. 20;
  • SOR/2000-184, s. 8.

 [Repealed, SOR/94-510, s. 20]

Forfeiture and Disposal

  •  (1) Any produce or other thing forfeited under subsection 28(1) of the Act shall be disposed of in the manner ordered by the court directing the forfeiture and, if no order for the disposition of the produce or other thing is made by that court, the produce or other thing shall be disposed of in the following manner:

    • (a) in the case of produce that is edible, it shall be

      • (i) sold and the proceeds deposited to the credit of the Receiver General, or

      • (ii) donated to a charitable institution;

    • (b) in the case of produce that is inedible, it shall be

      • (i) sold for preparation as animal food or as a non-food product and the proceeds deposited to the credit of the Receiver General, or

      • (ii) disposed of or destroyed; and

    • (c) in the case of a thing other than produce, it shall be sold and the proceeds deposited to the credit of the Receiver General.

  • (2) Any produce or other thing forfeited under subsection 28(2) of the Act shall be disposed of in the manner set out in subsection (1).

  • SOR/90-656, s. 4;
  • SOR/92-618, s. 20;
  • SOR/95-548, s. 2.

 Produce that is forfeited under subsection 30(2) of the Act shall be disposed of in the following manner:

  • (a) in the case of produce that is edible, it shall be

    • (i) sold and the proceeds deposited to the credit of the Receiver General, or

    • (ii) donated to a charitable institution; and

  • (b) in the case of produce that is inedible, it shall be

    • (i) sold for preparation as animal food or as a non-food product and the proceeds deposited to the credit of the Receiver General, or

    • (ii) disposed of or destroyed.

  • SOR/90-656, s. 4;
  • SOR/95-548, s. 2.

PART IX

[Repealed, SOR/96-361, s. 5]

PART XRegistration of Establishments and Operation and Maintenance of Registered Establishments

  •  (1) An application for the registration of an establishment, or for the renewal or amendment of an existing registration, shall be made to the Director, in a form provided by the Agency, accompanied by the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, and shall contain the following information:

    • (a) the name, address, including the postal code, telephone number and, if any, facsimile number of the applicant and of the establishment, where they are different from those of the applicant;

    • (b) whether it is an application for a new registration or for the renewal or amendment of an existing registration;

    • (c) the existing registration number, if any;

    • (d) whether the establishment is owned by an individual, a partnership, a co-operative or a corporation;

    • (e) the name under which the establishment operates, where the name is different from that of the applicant;

    • (f) the names and titles of all owners, partners, officers and directors of the establishment; and

    • (g) the kinds of produce that will be packed in the establishment.

  • (2) [Repealed, SOR/96-361, s. 6]

  • (3) Where an establishment, in respect of which an application for registration is made, meets the conditions set out in sections 59 and 60, and the applicant pays the registration fee, the Director shall

    • (a) register the establishment by entering its name in the register of registered establishments of the Agency and by assigning it a registration number; and

    • (b) issue to the operator of the establishment a Certificate of Registration.

  • (4) A Certificate of Registration may be restricted to one or more kinds of produce for which grade names are provided in Schedule I.

  • (5) The operator shall post the Certificate of Registration in a conspicuous place in the registered establishment for the period during which the Certificate remains in force.

  • (6) The operator shall not assign or transfer to any other person the Certificate of Registration issued in respect of the registered establishment.

  • (7) No person shall use or permit the use of a registration number to mark produce that is prepared in any establishment other than the registered establishment to which the number is assigned.

  • (8) A Certificate of Registration shall remain in force for the period for which it is issued unless the registration of the establishment is suspended pursuant to section 57, cancelled pursuant to section 58 or surrendered by the operator of the establishment.

  • SOR/86-363, s. 2;
  • SOR/90-218, s. 3;
  • SOR/94-510, s. 21;
  • SOR/95-475, s. 2;
  • SOR/96-361, s. 6;
  • SOR/97-292, s. 7;
  • SOR/2000-183, s. 5;
  • SOR/2000-184, s. 7.

Suspension of Registration

  •  (1) The Director may suspend the registration of a registered establishment

    • (a) where

      • (i) the establishment does not meet the provisions of the Act or these Regulations,

      • (ii) the operator of the establishment does not comply with the provisions of the Act or these Regulations,

      • (iii) it is reasonable to believe that public health will be endangered if the establishment is allowed to continue operating, or

      • (iv) [Repealed, SOR/2002-68, s. 2]

    • (b) where the operator has failed or is unable to take immediate corrective measures.

  • (1.1) Despite subparagraph (1)(a)(ii), the Director shall not suspend the registration of an establishment for not complying with any provision of the Act or these Regulations that establishes a requirement in respect of the grading of produce unless an inspector finds that more than one such contravention has been committed in the establishment in the course of one week.

  • (2) No registration shall be suspended under subsection (1) unless

    • (a) an inspector has, at the time of the inspection, notified the operator of the existence of grounds for suspension under paragraph (1)(a);

    • (b) an inspector has provided the operator with a copy of an inspection report prepared by the inspector that sets out the grounds for suspension, the required corrective measures and the dates by which those measures must be implemented in order to avoid suspension and cancellation; and

    • (c) a notice of suspension of registration is delivered to the operator.

  • (3) A suspension of a registration shall remain in effect

    • (a) until the required corrective measures have been taken and have been verified by an inspector;

    • (b) until the registration is cancelled; or

    • (c) in the case of a suspension under subsection (1.1), until 225 000 kg of produce have been shipped from the establishment without more than one additional contravention.

    • (d) [Repealed, SOR/2002-68, s. 2]

  • (4) Sections 27, 40 and 49 apply to an establishment whose registration has been suspended.

  • SOR/86-363, s. 2;
  • SOR/90-218, s. 3;
  • SOR/95-475, s. 2;
  • SOR/2002-68, s. 2.

Cancellation of Registration

  •  (1) The Director may cancel the registration of a registered establishment where

    • (a) the operator has not implemented the required corrective measures within the 30-day period following the day on which the registration was suspended or within any longer period of time allowed under subsection (2);

    • (b) there has been a change in ownership that involves a change of management of the establishment; or

    • (c) the application for registration contains false or misleading information.

  • (2) If it is not possible for the operator to implement the required corrective measures within 30 days, the Director shall, on the request of the operator, allow the operator a longer period of time that is adequate to implement those measures.

  • (3) No registration shall be cancelled under subsection (1) unless

    • (a) the operator was advised of an opportunity to be heard in respect of the cancellation and was given that opportunity; and

    • (b) a notice of cancellation of registration was delivered to the operator.

  • SOR/86-363, s. 3;
  • SOR/86-864, s. 26(E);
  • SOR/88-428, s. 26;
  • SOR/90-218, s. 3;
  • SOR/2002-68, s. 3.

Surrender of Certificate of Registration

 If an establishment’s registration is suspended or cancelled, the operator of the establishment shall surrender the certificate of registration to an inspector on request.

  • SOR/2002-68, s. 4.

Conditions Respecting Registered Establishments

 Every registered establishment that is a building shall be situated on land that

  • (a) provides or permits good drainage; and

  • (b) is not in proximity to any source of pollution or any place that harbours insects, birds, rodents or other vermin that are likely to contaminate produce in the establishment.

  • SOR/90-218, s. 3;
  • SOR/95-475, s. 2(E).
  •  (1) Every registered establishment that is a building shall

    • (a) be of sound construction and in good repair;

    • (b) be constructed of material that is durable and free of any noxious constituent;

    • (c) be separate from and have no direct access to areas in which are carried out operations that are incompatible with the handling of produce;

    • (d) be protected against the entry of insects, birds, rodents and other vermin or anything that is likely to contaminate produce;

    • (e) have no room in the establishment open onto premises used for the manufacture or storage of anything that is likely to emit an odour that could affect the flavour of produce;

    • (f) have suitable facilities and equipment for the grading and handling of produce;

    • (g) have areas with temperature, light and ventilation that are suitable for the preservation of produce;

    • (h) have lighting over the grading equipment that provides a minimum illumination of 550 lx as measured by photometer at the surface of the produce that is being graded;

    • (i) be equipped, in those areas where produce or packaging materials are exposed, with light bulbs and fixtures that are of a type that will not cause contamination of produce in the event of breakage;

    • (j) have facilities for the use of inspectors that meet the conditions set out in paragraphs 41(1)(a) and (b);

    • (k) have available to its employees lavatories that are

      • (i) capable of being kept in a clean and sanitary condition,

      • (ii) adequate in size and equipment for the number of people using them,

      • (iii) well lighted and ventilated, and

      • (iv) separate from and not leading directly into any room used for handling produce;

    • (l) be supplied with potable hot and cold water that is protected against contamination and is adequate in quantity and pressure to serve the water needs of the establishment;

    • (m) have adequate facilities and means for the cleaning of equipment; and

    • (n) have adequate means of drainage, waste removal and waste disposal.

  • (2) In a registered establishment, water other than potable water may be used for fire protection and auxiliary services, including the washing of soil from raw produce and the fluming of raw produce, if there is no connection between the system for that water and the system for potable water.

  • SOR/86-363, s. 4;
  • SOR/90-218, s. 3;
  • SOR/92-618, s. 22;
  • SOR/95-475, s. 2.

Operation and Maintenance of Registered Establishments

  •  (1) Every operator shall operate and maintain the establishment in accordance with this section.

  • (2) The operation of a registered establishment and the preparation of produce in a registered establishment shall be carried out under the supervision of a competent, responsible employee designated by the operator of the establishment on the application for registration.

  • (3) The building, equipment and all other physical facilities of a registered establishment shall be maintained in a sanitary condition.

  • (4) Operations in relation to the preparation of produce in a registered establishment shall be carried out in a sanitary manner.

  • (5) A registered establishment shall have notices posted in prominent places instructing employees engaged in the preparation of produce to clean their hands immediately after using toilet facilities and that smoking is prohibited.

  • (6) Refuse that is likely to attract insects, birds, rodents or other vermin to a registered establishment must be removed daily.

  • (7) Any detergent, sanitizer or other chemical agent in a registered establishment shall be properly labelled and shall be stored and used in a manner that prevents contamination of produce or a surface with which produce comes into contact.

  • (8) No produce in a registered establishment shall be exposed to a source of contamination.

  • (9) Nothing that is likely to emit an odour that could affect the flavour of produce shall be kept in a registered establishment.

  • (10) Bulk and packaged produce in a registered establishment shall be stored or held in clean areas, under conditions of temperature, light and ventilation that are suitable for the preservation of the produce.

  • (11) No person who suffers from or is a known carrier of a communicable disease or who has an infected lesion that is open or exposed shall work in any area of a registered establishment where there is a danger of contamination with pathogenic micro-organisms of the produce or the surface with which the produce comes into contact.

  • (12) All persons engaged in the preparation of produce in a registered establishment shall clean their hands thoroughly immediately after using toilet facilities and as frequently as is necessary to prevent the contamination of produce.

  • (13) All produce shipped interprovincially from a registered establishment shall be prepared in that establishment in accordance with these Regulations.

  • (14) The owner or operator of a registered establishment shall

    • (a) maintain accurate records of produce shipments from the establishment by kind and grade of produce and size of container, date of shipment and number of containers shipped; and

    • (b) retain those records for the two years following the date of each shipment.

  • (15) The operator of a registered establishment shall, when if requested to do so by an inspector, comply with the requirements of paragraphs 41(1)(c) to (e).

  • (16) The owner or operator of a registered establishment shall notify the Director of any changes in the operations or personnel of the establishment that might affect the registration of the establishment, within 30 days after those changes are made.

  • (17) The owner or operator shall maintain in the registered establishment a file containing samples of all labels marked with the establishment registration number as shown in Schedule IV and shall, on the request of an inspector, submit the file to the inspector for inspection.

  • SOR/90-218, s. 3;
  • SOR/94-510, s. 22;
  • SOR/95-475, s. 2;
  • SOR/2003-6, s. 10.

 Sections 59 and 60 and subsections 61(3), (6) and (10) do not apply to registered establishments where produce is field-packed for direct shipment.

  • SOR/86-363, s. 5;
  • SOR/90-218, s. 3.

Labelling

 Every container of prepackaged produce conveyed interprovincially from a registered establishment shall have clearly marked and prominently displayed on its principal display panel the establishment registration number as shown in Schedule IV.

  • (a) the Canada Produce Legend as shown in Schedule III; or

  • (b) the establishment registration number as shown in Schedule IV.

  • SOR/86-363, s. 5;
  • SOR/90-218, s. 3;
  • SOR/94-510, s. 23;
  • SOR/95-475, s. 2;
  • SOR/2003-6, s. 11.

 [Repealed, SOR/90-218, s. 3]

 [Repealed, SOR/86-363, s. 5]

SCHEDULE I(Sections 3, 10, 25, 31, 35, 36 and 56)

PART IGrades and Standards for Fresh Fruit

Interpretation

  • 1 In this Part,

    clean

    clean means the fruit is not contaminated and is free from dirt, dust, spray residue, wax marks or other foreign material; (propre)

    fairly well formed

    fairly well formed means at least one half of the fruit is well formed and the other half deviates only slightly from being well formed; (passablement bien formé)

    hand picked

    hand picked means the fruit shows no evidence of rough handling or of having been on the ground; (cueilli à la main)

    mature

    mature means the fruit has reached the stage of development that ensures completion of the ripening process; (à maturité ou mûr)

    sound

    sound means that, at the time of shipping or repacking, the fruit is free from condition defects such as decay, breakdown, freezing damage, bitter-pit, soft or shrivelled specimens, overripe specimens, brown core, corky core or other damage adversely affecting the keeping quality of the fruit; (sain)

    wax marks

    wax marks means a visible wax residue in the form of white streaks, white spots or white areas on the surface of the fruit; (marques de cire)

    well formed

    well formed means the fruit is of the shape characteristic of the variety when mature. (bien formé)

    • SOR/86-864, s. 10;
    • SOR/88-369, s. 14;
    • SOR/88-428, ss. 14, 26;
    • SOR/94-510, s. 24;
    • SOR/94-718, s. 9;
    • SOR/2011-205, s. 10.

Grades and Standards for Apples

Application

  • 2 The grades and standards set out in sections 3 to 11 apply to apples of varieties grown from Malus domestica or Malus communis.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 3 The grades and grade names for apples are Canada Extra Fancy, Canada Fancy, Canada Commercial, Canada Hailed, Canada Commercial Cookers, Canada No. 1 Peelers and Canada No. 2 Peelers.

    • SOR/79-144, s. 9;
    • SOR/81-186, s. 7;
    • SOR/86-864, s. 11;
    • SOR/88-369, s. 15;
    • SOR/88-428, ss. 15, 26(F);
    • SOR/92-618, s. 24;
    • SOR/94-718, s. 9.

Standards for All Grades

    • 4 (1) In this section, sized means that the apples

      • (a) have a minimum diameter of 60 mm (2 3/8 inches);

      • (b) in the case of tiered apples, are packed by count and

        • (i) if they are of the box count size 100 or of a larger size, do not vary in diameter by more than 8 mm (5/16 inch) in any one container, or

        • (ii) if they are of a smaller size than the box count size 100, do not vary in diameter by more than 6 mm (1/4 inch) in any one container; or

      • (c) in the case of untiered apples, are packed in accordance with one of the following diameter size ranges, namely,

        • (i) 60 mm (2 3/8 inches) to 63 mm (2 1/2 inches),

        • (ii) 60 mm (2 3/8 inches) to 70 mm (2 3/4 inches),

        • (iii) 60 mm (2 3/8 inches) and up,

        • (iv) 63 mm (2 1/2 inches) to 70 mm (2 3/4 inches),

        • (v) 63 mm (2 1/2 inches) to 76 mm (3 inches),

        • (vi) 63 mm (2 1/2 inches) and up,

        • (vii) 70 mm (2 3/4 inches) to 76 mm (3 inches),

        • (viii) 70 mm (2 3/4 inches) and up, or

        • (ix) 76 mm (3 inches) and up.

    • (2) In addition to the standards for each grade and subject to the general tolerances set out in sections 15 and 16, apples of all grades, other than Canada Commercial Cookers, Canada No. 1 Peelers and Canada No. 2 Peelers, shall

      • (a) be properly packed;

      • (b) be hand picked, of one variety and sized;

      • (c) be mature, clean and sound;

      • (d) meet the colour requirements set out in section 12;

      • (e) have the colour intensity set out in section 13;

      • (f) be free from bruises that are soft;

      • (g) be free from skin punctures that exceed the tolerances set out in columns III and IV of an item of the table to section 14 for the grade and the type of container or display set out in columns I and II, respectively, of that item;

      • (h) be free from limb rub that is soft;

      • (i) where the apples are sold after January 31 following the year in which they were harvested, be free from watercore

        • (i) existing around the core and extending to the circular area formed by the vascular bundles,

        • (ii) surrounding the vascular bundles, where the affected areas surrounding three or more adjacent vascular bundles meet or coalesce, or

        • (iii) existing to more than a slight degree outside the circular area formed by the vascular bundles;

      • (j) be free from insect larvae and red banded leaf roller damage; and

      • (k) be free from a combination of two or more defects referred to in paragraphs (f) to (i) that individually do not exceed their respective tolerances but that in combination affect the appearance, edibility or shipping quality of the apples.

    • SOR/81-186, s. 8;
    • SOR/86-864, s. 12;
    • SOR/88-369, s. 16;
    • SOR/88-428, ss. 16, 26(F);
    • SOR/94-718, s. 9.

Canada Extra Fancy Grade Standards

    • 5 (1) In addition to meeting the standards for all grades set out in section 4, apples graded Canada Extra Fancy shall

      • (a) be smooth and well formed;

      • (b) be free from bruises that

        • (i) individually exceed 19 mm (3/4 inch) in diameter, or

        • (ii) affect an aggregate area per apple exceeding 25 mm (1 inch) in diameter;

      • (c) be free from hail damage that

        • (i) has broken the skin,

        • (ii) has caused discolouration,

        • (iii) has caused an individual mark exceeding 3 mm (1/8 inch) in diameter, or

        • (iv) affects an aggregate area per apple exceeding 6 mm (1/4 inch) in diameter;

      • (d) be free from limb rub that

        • (i) is depressed,

        • (ii) in the case of apples of the Red Delicious variety, affects an aggregate area per apple exceeding 13 mm (1/2 inch) in diameter, or

        • (iii) in the case of apples of varieties other than Red Delicious, affects an aggregate area per apple exceeding 6 mm (1/4 inch) in diameter;

      • (e) be free from russeting that

        • (i) is within the stem cavity or calyx basin and is rough and readily apparent and materially affects the appearance of an apple, or

        • (ii) is outside the stem cavity or calyx basin and is

          • (A) rough and affects an aggregate area per apple exceeding 6 mm (1/4 inch) in diameter,

          • (B) slightly rough and affects an aggregate area per apple exceeding 13 mm (1/2 inch) in diameter,

          • (C) smooth and solid and in the aggregate affects more than five per cent of the surface area of an apple, or

          • (D) smooth and net-like and in the aggregate affects more than 10 per cent of the surface area of an apple;

      • (f) be free from scab, including pinpoint scab;

      • (g) where the apples are sold before January 1 following the year in which they were harvested, be free from storage scald;

      • (h) where the apples are sold after December 31 following the year in which they were harvested, be free from storage scald that affects more than

        • (i) 15 per cent of the surface area of an apple, or

        • (ii) 10 per cent by count of the apples in a lot;

      • (i) be free from insect damage of any of the following types, namely,

        • (i) pansy spot that affects an aggregate area per apple exceeding 13 mm (1/2 inch) in diameter,

        • (ii) insect damage other than pansy spot, or

        • (iii) scale and scale spots that

          • (A) exceed two per apple, or

          • (B) affect more than five per cent by count of the apples in a lot;

      • (j) be free from insects and disease;

      • (k) be free from Jonathan spot, drought spot or marks resembling drought spot;

      • (l) be free from sprayburn and sunscald;

      • (m) be free from skin breaks at the stem;

      • (n) be free from a combination of two or more defects referred to in paragraphs (b) to (i) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (o) be free from any other damage or defect or combination thereof that affects the appearance, edibility or shipping quality of the apples.

    • (2) Notwithstanding paragraph 4(2)(b), apples of different varieties packed in approximately equal proportions in containers not exceeding a capacity of 10 kg and labelled with the words “Gift Pack”, “Combination Pack” or “Variety Pack”, that in all other respects meet the standards for Canada Extra Fancy grade, may be designated as Canada Extra Fancy.

    • SOR/81-186, s. 9;
    • SOR/86-864, s. 13;
    • SOR/88-369, s. 17;
    • SOR/88-428, ss. 17, 26(F);
    • SOR/94-718, s. 9.

Canada Fancy Grade Standards

  • 6 In addition to meeting the standards for all grades set out in section 4, apples graded Canada Fancy shall

    • (a) be smooth and fairly well formed;

    • (b) be free from bruises that

      • (i) individually exceed 19 mm (3/4 inch) in diameter, or

      • (ii) affect an aggregate area per apple exceeding 25 mm (1 inch) in diameter;

    • (c) be free from hail damage that

      • (i) has broken the skin,

      • (ii) affects an aggregate area per apple exceeding 13 mm (1/2 inch) in diameter, or

      • (iii) has noticeably depressed the affected areas or materially affects the appearance of an apple;

    • (d) be free from limb rub that

      • (i) is noticeably depressed, or

      • (ii) affects an aggregate area per apple exceeding 13 mm (1/2 inch) in diameter;

    • (e) be free from russeting that

      • (i) is within the stem cavity or calyx basin and is rough and readily apparent and materially affects the appearance of an apple, or

      • (ii) is outside of the stem cavity or calyx basin and is

        • (A) rough and affects an aggregate area per apple exceeding 6 mm (1/4 inch) in diameter,

        • (B) slightly rough and affects an aggregate area per apple exceeding 13 mm (1/2 inch) in diameter,

        • (C) smooth and solid and in the aggregate affects more than 10 per cent of the surface area of an apple, or

        • (D) smooth and net-like and in the aggregate affects more than 25 per cent of the surface area of an apple;

    • (f) be free from pinpoint scab;

    • (g) be free from scab, other than pinpoint scab, that affects an aggregate area per apple exceeding 6 mm (1/4 inch) in diameter;

    • (h) be free from storage scald that affects more than

      • (i) 15 per cent of the surface of an apple, or

      • (ii) 15 per cent by count of the apples in a lot;

    • (i) be free from sprayburn and sunscald

      • (i) in the case of apples failing to meet the colour requirements of Canada Extra Fancy grade, or

      • (ii) in the case of apples meeting the colour requirements of Canada Extra Fancy grade, that does not blend with the normal colour of the apples or that is soft or has caused blistering or cracking of the skin;

    • (j) be free from insect damage of any of the following types, namely,

      • (i) curculio or plant bug damage that is not completely and smoothly healed over or that shows evidence of penetration below the surface of an apple,

      • (ii) leaf roller damage, other than red banded leaf roller damage, that has deformed an apple or affects an aggregate area per apple exceeding 6 mm (1/4 inch) in diameter,

      • (iii) three or more insect punctures or stings per apple or any insect punctures or stings that exceed 10 mm (3/8 inch) in depth or 3 mm (1/8 inch) in diameter, inclusive of any encircling discoloured ring,

      • (iv) apple maggot punctures or stings that affect more than five per cent by count of the apples in a lot,

      • (v) pansy spot that affects an aggregate area per apple exceeding 25 mm (1 inch) in diameter, or

      • (vi) scale and scale spots that

        • (A) exceed two per apple, or

        • (B) affect more than five per cent by count of the apples in a lot;

    • (k) be free from insects;

    • (l) be free from Jonathan spot, drought spot or marks resembling drought spot;

    • (m) be free from skin breaks at the stem;

    • (n) be free from a combination of two or more defects referred to in paragraphs (b) to (j) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

    • (o) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the apples.

    • SOR/86-864, s. 14;
    • SOR/94-718, s. 9.

Canada Commercial Grade Standards

    • 7 (1) In addition to meeting the standards for all grades set out in section 4, apples graded Canada Commercial shall

      • (a) be free from bruises that affect an aggregate area per apple exceeding 38 mm (1 1/2 inches) in diameter;

      • (b) be free from hail damage that has

        • (i) not broken the skin but affects an aggregate area per apple exceeding 19 mm (3/4 inch) in diameter,

        • (ii) broken the skin and is not well healed,

        • (iii) broken the skin and is well healed but affects an aggregate area per apple exceeding 6 mm (1/4 inch) in diameter, or

        • (iv) noticeably depressed the affected areas or seriously affected the appearance of an apple;

      • (c) be free from limb rub that affects more than five per cent of the surface area of an apple;

      • (d) be free from russeting that

        • (i) is smooth and solid and affects an aggregate area per apple exceeding one-half of the surface area of the apple, inclusive of the stem cavity and calyx basin, or

        • (ii) is rough or slightly rough and detracts from the appearance of an apple to a greater degree than the maximum amount of smooth, solid russeting permitted under subparagraph (i);

      • (e) be free from scab that affects an aggregate area per apple exceeding 19 mm (3/4 inch) in diameter;

      • (f) be free from storage scald that affects more than 25 per cent of the surface area of an apple;

      • (g) be free from sprayburn and sunscald that

        • (i) is soft or has caused blistering or cracking of the skin, or

        • (ii) affects more than 10 per cent of the surface area of an apple and does not blend with the normal colour of the apple;

      • (h) be free from drought spot or marks resembling drought spot that

        • (i) exceed three per apple,

        • (ii) affect an aggregate area per apple exceeding 13 mm (1/2 inch) in diameter, or

        • (iii) have noticeably depressed or discoloured the affected areas;

      • (i) be free from insect damage of any of the following types, namely,

        • (i) curculio or plant bug damage that is not completely and smoothly healed over or that shows evidence of penetration below the surface of an apple,

        • (ii) leaf roller damage, other than red banded leaf roller damage, that affects more than five per cent of the surface area of an apple,

        • (iii) four or more insect punctures or stings, other than bud moth stings, per apple,

        • (iv) six or more bud moth stings per apple,

        • (v) any insect punctures or stings that exceed 10 mm (3/8 inch) in depth or 3 mm (1/8 inch) in diameter, inclusive of any encircling discoloured ring,

        • (vi) apple maggot punctures or stings that affect more than 25 per cent by count of the apples in a lot, or

        • (vii) scale and scale spots that exceed 10 per apple;

      • (j) be free from a combination of two or more defects referred to in paragraphs (a) to (i) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (k) be free from any other damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the apples.

    • (2) Apples graded Canada Commercial may be alternatively designated “Canada Cee” or “Canada “C”.

    • SOR/94-718, s. 9.

Canada Hailed Grade Standards

  • 8 In addition to meeting the standards for all grades set out in section 4, apples graded Canada Hailed shall

    • (a) meet the standards of Canada Commercial grade except those set out in paragraph 7(2)(c);

    • (b) have not less than the amount of colour required for Canada Fancy grade as set out in section 12; and

    • (c) be free from hail damage that

      • (i) has not broken the skin but affects an aggregate area per apple exceeding 38 mm (1 1/2 inches) in diameter,

      • (ii) has broken the skin and is not well healed,

      • (iii) has broken the skin and is well healed but exceeds 10 mm (3/8 inch) in diameter or affects an aggregate area per apple exceeding 25 mm (1 inch) in diameter, or

      • (iv) exceeds 6 mm (1/4 inch) in depth.

    • SOR/94-718, s. 9.

Canada Commercial Cookers Grade Standards

  • 9 Subject to the general tolerances set out in subsections 15(1) and 16(1), apples graded Canada Commercial Cookers shall

    • (a) meet the standards of Canada Commercial grade, except those set out in paragraphs 4(2)(d) and (e);

    • (b) with the exception of apples of the Northern Spy variety and of varieties that mature earlier than Northern Spy, be mature; and

    • (c) have a minimum diameter of 63 mm (2 1/2 inches) in the case of apples of the Northern Spy variety and a minimum diameter of 57 mm (2 1/4 inches) in the case of apples of other varieties.

    • SOR/94-718, s. 9.

Canada No. 1 Peelers Grade Standards

  • 10 Subject to the general tolerances set out in subsections 15(2) and 16(2), apples graded Canada No. 1 Peelers shall

    • (a) be of one variety and fairly well formed;

    • (b) be fairly clean, mature and sound;

    • (c) have a minimum diameter of 57 mm (2 1/4 inches);

    • (d) be free from insect larvae; and

    • (e) be free from any damage or defect or combination thereof that would cause a loss of more than five per cent by weight of an apple above that which would normally be lost in commercial preparation.

    • SOR/79-144, s. 10;
    • SOR/80-204, s. 7(F);
    • SOR/82-1048, s. 7;
    • SOR/86-864, s. 15(F);
    • SOR/94-718, s. 9.

Canada No. 2 Peelers Grade Standards

  • 11 Subject to the general tolerances set out in subsections 15(2) and 16(2), apples graded Canada No. 2 Peelers shall

    • (a) be of one variety;

    • (b) be reasonably clean, mature and sound;

    • (c) have a minimum diameter of 57 mm (2 1/4 inches);

    • (d) be free from insect larvae; and

    • (e) be free from any damage or defect or combination thereof that would cause a loss of more than 20 per cent by weight of an apple above that which would normally be lost in commercial preparation.

    • SOR/94-718, s. 9.

Colour Requirements for Apples

  • 12 Apples graded Canada Extra Fancy, Canada Fancy and Canada Commercial shall

    • (a) in the case of solid red or fully striped varieties or partially red or partially striped varieties, be of a red or red striped colour on a proportion of their surface area that is at least equal to the percentage set out in the table to this section;

    • (b) in the case of red cheeked or blush varieties, have the minimum shade of colour described in the table to this section; and

    • (c) in the case of green, yellow or russet varieties, have the colour described in the table to this section.

      TABLE

      Colour Requirements for Apple Varieties

      ItemColumn IColumn IIColumn IIIColumn IV
      Colour CategoryCanada Extra Fancy GradeCanada Fancy GradeCanada Commercial Grade
      1Solid red or fully striped varieties65%40%15%
      2Partially red or partially striped varieties55%30%15%
      3Red cheeked or blush varietiesPerceptibly blush-cheekedTinge of colour
      4Green, yellow or russet varietiesColour char-acteristic of variety when matureColour char-acteristic of variety when mature
    •  SOR/94-718, s. 9.
  • 13 The colour intensity, measured with a colorimeter, in varieties of apples for Canada Extra Fancy, Canada Fancy and Canada Commercial grades shall be as set out in the table to this section.

    TABLE

    Colour Reading for Major Apple Varieties

    ItemColumn IColumn IIColumn IIIColumn IV
    VarietyCanada Extra Fancy GradeCanada Fancy GradeCanada Commercial Grade
    1Delicious442
    2Idared442
    3McIntosh442
    4Red Delicious662
    5Red Rome773
    6Spartan663
    7Winesap662
    • SOR/88-369, s. 18;
    • SOR/88-428, ss. 18, 26;
    • SOR/90-243, s. 12;
    • SOR/94-718, s. 9.

Tolerances for Skin Punctures

  • 14 The tolerances for skin punctures in varieties of apples for Canada Extra Fancy, Canada Fancy and Canada Commercial grades are as set out in the table to this section.

    TABLE

    Toleranaces for Skin Punctures

    ItemColumn IColumn IIColumn IIIColumn IV
    GradeType of Container or DisplaySkin Punctures in Semi-Hard VarietiesSkin Punctures in Hard Varieties
    1Canada Extra Fancy(1) Trays or cells(a) individually measure not more than 5 mm (3/16 inch) in diameter;(free from)
    (b) not more than one per apple;
    (c) affect not more than 10 per cent by count of the apples in a lot
    (2) Other than trays or cells; retail bulk displays(a) individually measure not more than 5 mm (3/16 inch) in diameter;(a) individually measure not more than 5 mm (3/16 inch) in diameter;
    (b) not more than one per apple;(b) not more than one per apple;
    (c) affect not more than 15 per cent by count of the apples in a lot(c) affect not more than 10 per cent by count of the apples in a lot
    2Canada Fancy(1) Trays or cells(a) individually measure not more than 5 mm (3/16 inch) in diameter;(free from)
    (b) not more than one per apple;
    (c) affect not more than 15 per cent by count of the apples in a lot
    (2) Other than trays or cells; retail bulk displays(a) individually measure not more than 5 mm (3/16 inch) in diameter;(a) individually measure not more than 5 mm (3/16 inch) in diameter;
    (b) not more than one per apple;(b) not more than one per apple;
    (c) affect not more than 20 per cent by count of the apples in a lot(c) affect not more than 15 per cent by count of the apples in a lot
    3Canada Commercial(1) Trays or cells(a) individually measure not more than 5 mm (3/16 inch) in diameter;(a) individually measure not more than 5 mm (3/16 inch) in diameter;
    (b) not more than two per apple;(b) not more than two per apple;
    (c) affect not more than 20 per cent by count of the apples in a lot(c) affect not more than 10 per cent by count of the apples in a lot
    (2) Other than trays or cells; retail bulk displays(a) individually measure not more than 5 mm (3/16 inch) in diameter;(a) individually measure not more than 5 mm (3/16 inch) in diameter;
    (b) not more than two per apple;(b) not more than two per apple;
    (c) affect not more than 30 per cent by count of the apples in a lot(c) affect not more than 20 per cent by count of the apples in a lot
    • SOR/81-186, s. 10;
    • SOR/88-369, s. 19;
    • SOR/88-428, ss. 19, 26;
    • SOR/94-718, s. 9.

General Tolerances at the Time of Shipping or Repacking

    • 15 (1) In the grading of apples into Canada Extra Fancy, Canada Fancy, Canada Commercial, Canada Hailed and Canada Commercial Cookers grades, the standards set out in sections 4 to 9, 12 and 14, as applicable, are considered to be met in the case of a lot of apples inspected at the time of shipping or repacking if up to

      • (a) 5% by count of the apples in the lot have a diameter that is less than 60 mm, or less than the minimum diameter set out in subparagraphs 4(1)(c)(iv) to (ix), corresponding to the applicable size range;

      • (b) 5% by count of the apples in the lot have a diameter that is greater than the maximum diameter, if any, set out in paragraph 4(1)(c), corresponding to the applicable size range;

      • (c) in the case of a lot of tiered apples, 10 per cent of the containers contain more than 10 per cent by count of apples that exceed the maximum diameter variation set out in paragraph 4(1)(b);

      • (d) in the case of apples graded Canada Extra Fancy, five per cent by count of the apples in the lot are fairly well formed; and

      • (e) 10 per cent by count of the apples in the lot have defects other than those referred to in paragraphs (a) to (d), including not more than

        • (i) two per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay.

    • (2) In the grading of apples into Canada No. 1 Peelers and Canada No. 2 Peelers grades, the standards set out in sections 10 and 11, as applicable, are considered to be met where, in a lot of peeler apples inspected at the time of shipping or repacking, up to

      • (a) five per cent by count or by weight of the apples in the lot are affected by bitter-pit;

      • (b) in the case of apples graded Canada No. 1 Peelers, seven per cent by count or by weight of the apples in the lot are affected by defects other than bitter-pit; and

      • (c) in the case of apples graded Canada No. 2 Peelers, 10 per cent by count or by weight of the apples in the lot are affected by defects other than bitter-pit.

    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 12.

General Tolerances at a Time Other Than at the Time of Shipping or Repacking

    • 16 (1) In the grading of apples into Canada Extra Fancy, Canada Fancy, Canada Commercial, Canada Hailed and Canada Commercial Cookers grades, the standards set out in sections 4 to 9, 12 and 14, as applicable, are considered to be met in the case of a lot of apples inspected at a time other than the time of shipping or repacking if up to

      • (a) 5% by count of the apples in the lot have a diameter that is less than 60 mm, or less than the minimum diameter set out in subparagraphs 4(1)(c)(iv) to (ix), corresponding to the applicable size range;

      • (b) 5% by count of the apples in the lot have a diameter that is greater than the maximum diameter, if any, set out in paragraph 4(1)(c), corresponding to the applicable size range;

      • (c) in the case of a lot of tiered apples, 10 per cent of the containers contain more than 10 per cent by count of apples that exceed the maximum diameter variation set out in paragraph 4(1)(b);

      • (d) in the case of apples graded Canada Extra Fancy, five per cent by count of the apples in the lot are fairly well formed; and

      • (e) 15% by count of the apples in the lot have defects other than those referred to in paragraphs (a) to (d), including not more than

        • (i) 10% that are affected by other permanent defects, including not more than 5% that have the same permanent defect,

        • (ii) 10% that have the same condition defect other than decay, and

        • (iii) 4% that are affected by decay.

      • (f) [Repealed, SOR/2003-6, s. 13]

    • (2) In the grading of apples into Canada No. 1 Peelers and Canada No. 2 Peelers grades, the standards set out in sections 10 and 11, as applicable, are considered to be met where, in a lot of peeler apples inspected at a time other than at the time of shipping or repacking, up to

      • (a) 10% by count or by weight of the apples in the lot are affected by bitter-pit;

      • (b) in the case of apples graded Canada No. 1 Peelers, 12% by count or by weight of the apples in the lot are affected by defects other than bitter-pit, including not more than

        • (i) 7% that are affected by permanent defects, and

        • (ii) 4% that are affected by decay; and

      • (c) in the case of apples graded Canada No. 2 Peelers, 15% by count or by weight of the apples in the lot are affected by defects other than bitter-pit, including not more than

        • (i) 10% that are affected by permanent defects, and

        • (ii) 4% that are affected by decay.

      • (d) [Repealed, SOR/2003-6, s. 13]

    • SOR/86-864, s. 17;
    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 13.

Grades and Standards for Apricots

Application

  • 17 The grades and standards set out in sections 18 to 22 apply to apricots of varieties grown from Prunus armeniaca.

    • SOR/86-864, s. 18;
    • SOR/94-718, s. 9.

Grades and Grade Names

  • 18 The grades and grade names for apricots are Canada No. 1, Canada Domestic and Canada Hailed.

    • SOR/94-718, s. 9.

Standards for All Grades

  • 19 In addition to the standards for each grade and subject to the general tolerances set out in section 23, apricots of all grades shall

    • (a) be properly packed;

    • (b) be hand picked, of one variety and fairly well formed;

    • (c) be sound;

    • (d) be free from bruises that affect an aggregate area per apricot exceeding 13 mm (1/2 inch) in diameter;

    • (e) be free from skin breaks or tears at the stem where

      • (i) more than the outer layer is affected, or

      • (ii) the damage extends outside of the stem bowl;

    • (f) be free from skin checks that are not well healed;

    • (g) be free from insect damage that exceeds 3 mm (1/8 inch) in depth or affects an aggregate area per apricot exceeding 6 mm (1/4 inch) in diameter;

    • (h) be free from insects and insect larvae;

    • (i) be free from skin punctures; and

    • (j) be free from a combination of two or more defects referred to in paragraphs (d) to (g) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

    • 20 (1) In this section, of good size, with respect to apricots in a lot, means that not less than 90 per cent by count of the apricots are of a size characteristic of the variety when mature and variation in size is not sufficient to materially affect the general appearance of the lot.

    • (2) In addition to meeting the standards for all grades set out in section 19, apricots graded Canada No. 1 shall

      • (a) be clean;

      • (b) be uniformly mature;

      • (c) be of good size;

      • (d) be free from hail damage that

        • (i) has broken the skin or noticeably depressed the affected areas, or

        • (ii) affects an aggregate area per apricot exceeding 6 mm (1/4 inch) in diameter;

      • (e) be free from skin checks that exceed 3 mm (1/8 inch) in depth or affect an aggregate area per apricot exceeding 6 mm (1/4 inch) in diameter;

      • (f) be free from ink spot, leaf mark, limb rub, physiological spot, other skin discolouration, scab or sprayburn that affects an aggregate area per apricot exceeding 13 mm (1/2 inch) in diameter;

      • (g) be free from russeting that is rough or dark in colour;

      • (h) be free from mildew;

      • (i) be free from coryneum blight that affects an aggregate area per apricot exceeding 6 mm (1/4 inch) in diameter;

      • (j) be free from insect damage that is not thoroughly dry;

      • (k) be free from a combination of two or more defects referred to in paragraphs (d) to (j) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (l) be free from any other damage or defect or combination thereof that affects the appearance, edibility or shipping quality of the apricots.

    • SOR/94-718, s. 9.

Canada Domestic Grade Standards

    • 21 (1) In this section, of fair size, with respect to apricots in a lot, means that not less than 65 per cent by count of the apricots are of a size characteristic of the variety when mature and variation in size is not sufficient to seriously affect the general appearance of the lot.

    • (2) In addition to meeting the standards for all grades set out in section 19, apricots graded Canada Domestic shall

      • (a) be fairly clean;

      • (b) be mature;

      • (c) be of fair size;

      • (d) be free from hail damage that

        • (i) has broken the skin or noticeably depressed the affected areas, or

        • (ii) affects an aggregate area per apricot exceeding 19 mm (3/4 inch) in diameter;

      • (e) be free from skin checks that affect an aggregate area per apricot exceeding 6 mm (1/4 inch) in diameter;

      • (f) be free from ink spot, leaf mark, limb rub, physiological spot, other skin discolouration, scab or sprayburn that affects an aggregate area per apricot exceeding 19 mm (3/4 inch) in diameter;

      • (g) be free from coryneum blight that affects an aggregate area per apricot exceeding 6 mm (1/4 inch) in diameter;

      • (h) be free from a combination of two or more defects referred to in paragraphs (d) to (g) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (i) be free from any other damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the apricots.

    • SOR/82-1048, s. 8;
    • SOR/94-718, s. 9.

Canada Hailed Grade Standards

    • 22 (1) [Repealed, SOR/2002-354, s. 6]

    • (2) In addition to meeting the standards for all grades set out in section 19, apricots graded Canada Hailed shall

      • (a) meet the standards of Canada Domestic grade except those set out in paragraph 21(2)(d);

      • (b) be free from hail marks exceeding 10 mm (3/8 inch) in diameter or 3 mm (1/8 inch) in depth; and

      • (c) be free from hail damage that

        • (i) has broken the skin and is not well healed, or

        • (ii) has broken the skin and is well healed but affects an aggregate area per apricot exceeding 25 mm (1 inch) in diameter.

    • SOR/94-718, s. 9;
    • SOR/2002-354, s. 6.

General Tolerances

    • 23 (1) In the grading of apricots, the standards set out in sections 20 to 22, as applicable, are considered to be met where up to 10 per cent by count of the apricots in a lot have defects, including

      • (a) in the case of a lot of apricots inspected at the time of shipping or repacking, not more than

        • (i) three per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay; and

      • (b) in the case of a lot of apricots inspected at a time other than at the time of shipping or repacking, not more than five per cent that have the same permanent defect.

    • (2) Condition defects shall apply against the grade of a lot of apricots only when the lot is inspected at the time of shipping or repacking.

    • SOR/94-718, s. 9.

Grades and Standards for Blueberries

Application

  • 24 The grade and the standards set out in sections 25 and 26 apply to blueberries of varieties grown from Vaccinium angustifolium, Vaccinium corymbosium or Vaccinium myrtilloides.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Grade and Grade Name

  • 25 The grade and grade name for blueberries is Canada No. 1.

    • SOR/79-144, s. 11(F);
    • SOR/81-186, s. 12(F);
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Standards

    • 26 (1) In this section,

      fairly uniform in size

      fairly uniform in size means that the blueberries in any one container do not vary sufficiently in size to materially affect their general appearance; (d’une grosseur passablement uniforme)

      well coloured

      well coloured means that not less than 90 per cent of the blueberries in a lot, by weight, are of the colour characteristic of mature blueberries. (bien colorés)

    • (2) Subject to the general tolerances set out in section 27, blueberries graded Canada No. 1 shall

      • (a) be properly packed;

      • (b) be well coloured, well formed and fairly uniform in size;

      • (c) be dry and sound;

      • (d) be free from green berries, leaves, stems, dirt or other foreign material;

      • (e) be apparently free from insects, insect larvae or disease; and

      • (f) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the blueberries.

    • SOR/94-718, s. 9.

General Tolerances

    • 27 (1) In the grading of blueberries, the standards set out in section 26 are considered to be met where up to three per cent by weight of the blueberries in a lot have defects, including

      • (a) in the case of a lot of blueberries inspected at the time of shipping or repacking, not more than

        • (i) one per cent that are affected by decay, and

        • (ii) one per cent of the weight of the blueberries that is attributable to foreign material; and

      • (b) in the case of a lot of blueberries inspected at a time other than at the time of shipping or repacking, not more than one per cent of the weight of the blueberries that is attributable to foreign material.

    • (2) Condition defects shall apply against the grade of a lot of blueberries only when the lot is inspected at the time of shipping or repacking.

    • SOR/82-1048, s. 9;
    • SOR/94-718, s. 9.

Grades and Standards for Cantaloups

Application

  • 28 The grade and the standards set out in sections 29 and 30 apply to cantaloups of varieties grown from Cucumis melo var. cantalupensis.

    • SOR/82-1048, s. 10;
    • SOR/94-718, s. 9.

Grade and Grade Name

  • 29 The grade and grade name for cantaloups is Canada No. 1.

    • SOR/94-718, s. 9.

Standards

  • 30 Subject to the general tolerances set out in section 31, cantaloups graded Canada No. 1 shall

    • (a) be properly packed;

    • (b) be of one variety, well formed and well netted for the variety;

    • (c) be fairly clean, mature and sound;

    • (d) where packed in a container, not vary in diameter by more than 38 mm (1 1/2 inches);

    • (e) be free from insects, insect larvae, insect damage and disease;

    • (f) be free from cracks, hail marks, moisture damage and sunscald; and

    • (g) be free from any other damage or defect or combination thereof that affects the appearance, edibility or shipping quality of the cantaloups.

    • SOR/94-718, s. 9.

General Tolerances

    • 31 (1) In the grading of cantaloups, the standards set out in section 30 are considered to be met where

      • (a) up to 10 per cent by count of the cantaloups in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) three per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay;

      • (b) up to 10 per cent by count of the cantaloups in a lot inspected at a time other than at the time of shipping or repacking have defects, including not more than five per cent that have the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to 10 per cent of the containers in the lot contain cantaloups that exceed the maximum diameter variation set out in paragraph 30(d).

    • (2) Condition defects shall apply against the grade of a lot of cantaloups only when the lot is inspected at the time of shipping or repacking.

    • SOR/94-718, s. 9.

Grades and Standards for Cherries

Application

  • 32 The grades and standards set out in sections 33 to 37 apply to cherries of varieties grown from Prunus avium or Prunus cerasus and their hybrids.

    • SOR/88-428, s. 26(E);
    • SOR/94-718, s. 9.

Grades and Grade Names

  • 33 The grades and grade names for cherries are Canada No. 1, Canada Domestic and Canada Orchard Run.

    • SOR/94-718, s. 9.

Standards for All Grades

    • 34 (1) In this section, soft means the skin of the cherry is flaccid and the flesh of the cherry is flabby to the touch and yields readily to a slight pressure.

    • (2) In addition to the standards for each grade and subject to the general tolerances set out in section 38, cherries of all grades shall

      • (a) be properly packed;

      • (b) be hand picked and of one variety;

      • (c) be sound;

      • (d) be mature but not soft;

      • (e) be free from bruises other than those incidental to good commercial handling and packing;

      • (f) be free from insects, insect larvae, insect damage and disease; and

      • (g) be free from dried cherries, gum, leaves and twigs.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

    • 35 (1) In this section,

      of fair size

      of fair size, with respect to cherries in a lot, means that not less than 65 per cent by weight or by count of the cherries are of a size characteristic of the variety when mature and variation in size is not sufficient to seriously affect the general appearance of the lot; (d’une grosseur passable)

      of good colour

      of good colour means that the cherries are of a colour characteristic of the variety when mature. (d’une bonne couleur)

    • (2) In addition to meeting the standards for all grades set out in section 34, cherries graded Canada No. 1 shall

      • (a) be fairly clean;

      • (b) be of good colour and of fair size;

      • (c) have, in the case of cherries of Elkhorn and Lambert varieties, not more than 15 per cent of the cherries, by weight or by count, without stems and, in the case of cherries of all other varieties, not more than 10 per cent of the cherries without stems;

      • (d) be free from skin breaks, but may have superficial, well-healed stem-end cracks within the stem cavity that do not exceed 2 mm (1/16 inch) in width and do not extend in length to more than one-half of the circumference of the stem cavity;

      • (e) be free from hail marks;

      • (f) be free from a combination of defects referred to in paragraphs (d) and 34(2)(e) that individually do not exceed their respective tolerances but that in combination exceed the maximum area tolerance set out in paragraph (d); and

      • (g) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the cherries.

    • SOR/94-718, s. 9.

Canada Domestic Grade Standards

    • 36 (1) In this section, of fair colour, with respect to cherries in a lot, means that not less than 75 per cent by weight or by count of the cherries are of a colour characteristic of the variety when mature and the balance of the cherries are not of a colour characteristic of immature cherries.

    • (2) In addition to meeting the standards for all grades set out in section 34, cherries graded Canada Domestic shall

      • (a) be reasonably clean;

      • (b) be of fair colour;

      • (c) be free from skin breaks, but may have

        • (i) superficial, well-healed stem-end cracks within the stem cavity that do not exceed 3 mm (1/8 inch) in width and do not extend in length to more than one-half of the circumference of the stem cavity, or

        • (ii) well-healed cracks outside of the stem cavity that affect an aggregate area per cherry not exceeding 3 mm (1/8 inch) in diameter;

      • (d) be free from hail marks exceeding 25 per cent of the surface area;

      • (e) be free from a combination of two or more defects referred to in paragraphs (c) and (d) and 34(2)(e) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (f) be free from any other damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the cherries.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada Orchard Run Grade Standards

  • 37 In addition to meeting the standards for all grades set out in section 34, cherries graded Canada Orchard Run shall

    • (a) meet the standards of Canada Domestic grade except those set out in subparagraph 36(2)(c)(i); and

    • (b) be free from dry circular or horseshoe stem-end cracks extending beyond the stem cavity.

    • SOR/94-718, s. 9.

General Tolerances

    • 38 (1) In the grading of cherries, the standards set out in sections 35 to 37, as applicable, are considered to be met where up to 10 per cent by weight or by count of the cherries in a lot have defects, including

      • (a) in the case of a lot of cherries inspected at the time of shipping or repacking, not more than

        • (i) one per cent that are affected by decay or brown rot, and

        • (ii) five per cent that have the same defect other than decay or brown rot; and

      • (b) in the case of a lot of cherries inspected at a time other than at the time of shipping or repacking, not more than five per cent that have the same permanent defect.

    • (2) Condition defects shall apply against the grade of a lot of cherries only when the lot is inspected at the time of shipping or repacking.

    • SOR/94-718, s. 9.

Grades and Standards for Crabapples

Application

  • 39 The grades and standards set out in sections 40 to 43 apply to crabapples of varieties grown from Pyrus baccata.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 40 The grades and grade names for crabapples are Canada No. 1 and Canada Domestic.

    • SOR/82-1048, s. 11;
    • SOR/86-782, s. 3;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Standards for All Grades

  • 41 In addition to the standards for each grade and subject to the general tolerances set out in section 44, crabapples of all grades shall

    • (a) be properly packed;

    • (b) be hand picked and of one variety;

    • (c) be mature and sound; and

    • (d) be free from watercore

      • (i) existing around the core and extending to the circular area formed by the vascular bundles,

      • (ii) surrounding the vascular bundles, where the affected areas surrounding two or more adjacent vascular bundles meet or coalesce, or

      • (iii) existing to more than a slight degree outside the circular area formed by the vascular bundles.

    • SOR/82-1048, s. 12;
    • SOR/86-782, s. 4;
    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 42 In addition to meeting the standards for all grades set out in section 41, crabapples graded Canada No. 1 shall

    • (a) be fairly clean;

    • (b) have, in the case of crabapples of the Hyslop variety,

      • (i) a minimum of 75 per cent by count of the crabapples in a lot with at least 35 per cent of the surface area of each crabapple of a red colour, and

      • (ii) the balance of the crabapples in the lot with at least 10 per cent of the surface area of each crabapple of a red colour;

    • (c) have a minimum diameter of 32 mm (1 1/4 inches);

    • (d) be free from bruises that affect an aggregate area per crabapple exceeding 13 mm (1/2 inch) in diameter;

    • (e) be free from hail damage that

      • (i) has noticeably depressed or discoloured the affected areas, or

      • (ii) is of a russet character and affects an aggregate area per crabapple exceeding 6 mm (1/4 inch) in diameter;

    • (f) be free from either limb rub or leaf mark that affects an aggregate area per crabapple exceeding 6 mm (1/4 inch) in diameter;

    • (g) be free from russeting that affects more than 10 per cent of the surface area of a crabapple;

    • (h) be free from sprayburn or sunscald that has caused blistering of the skin or noticeable discolouration;

    • (i) be free from

      • (i) two or more insect punctures or stings per crabapple, or

      • (ii) any insect punctures or stings that exceed 3 mm (1/8 inch) in diameter, inclusive of any encircling discoloured ring;

    • (j) be free from leaf roller damage that

      • (i) has deformed a crabapple, or

      • (ii) affects an aggregate area per crabapple exceeding 6 mm (1/4 inch) in diameter;

    • (k) be free from insects and insect larvae;

    • (l) be free from a combination of two or more defects referred to in paragraphs (d) to (j) and 41(d) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

    • (m) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the crabapples.

    • SOR/94-718, s. 9.

Canada Domestic Grade Standards

  • 43 In addition to meeting the standards for all grades set out in section 41, crabapples graded Canada Domestic shall

    • (a) be reasonably clean;

    • (b) have a minimum diameter of 25 mm (1 inch); and

    • (c) be free from any damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the crabapples.

    • SOR/94-718, s. 9.

General Tolerances

    • 44 (1) In the grading of crabapples, the standards set out in sections 42 and 43, as applicable, are considered to be met where

      • (a) up to 10 per cent by count of the crabapples in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) three per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay;

      • (b) up to 10 per cent by count of the crabapples in a lot inspected at a time other than at the time of shipping or repacking have defects, including not more than five per cent that have the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to five per cent by count of the crabapples in the lot have less than the minimum diameter set out in paragraph 42(c) or 43(b).

    • (2) Condition defects shall apply against the grade of a lot of crabapples only when the lot is inspected at the time of shipping or repacking.

    • SOR/79-144, s. 12;
    • SOR/82-1048, s. 13;
    • SOR/88-369, s. 20;
    • SOR/88-428, s. 20;
    • SOR/94-718, s. 9.

Grades and Standards for Cranberries

Application

  • 45 The grades and standards set out in sections 46 to 49 apply to cranberries of varieties grown from Vaccinium macrocarpum or Vaccinium oxycoccos.

    • SOR/86-864, s. 19;
    • SOR/88-369, s. 21;
    • SOR/88-428, ss. 21, 26(F);
    • SOR/94-718, s. 9.

Grades and Grade Names

  • 46 The grades and grade names for cranberries are Canada No. 1 and Canada Domestic.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Standards for All Grades

  • 47 In addition to the standards for each grade and subject to the general tolerances set out in section 50, cranberries of all grades shall

    • (a) be properly packed;

    • (b) be sound;

    • (c) have 65 per cent of the surface area of each cranberry of a red colour; and

    • (d) be free from insects and insect larvae.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

    • 48 (1) In this section, fairly uniform in size means that the cranberries in any one container do not vary sufficiently in size to materially affect their general appearance.

    • (2) In addition to meeting the standards for all grades set out in section 47, cranberries graded Canada No. 1 shall

      • (a) be fairly clean;

      • (b) be fairly uniform in size; and

      • (c) be free from any damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the cranberries.

    • SOR/94-718, s. 9.

Canada Domestic Grade Standards

  • 49 In addition to meeting the standards for all grades set out in section 47, cranberries graded Canada Domestic shall

    • (a) be reasonably clean; and

    • (b) be free from any damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the cranberries.

    • SOR/79-144, s. 13;
    • SOR/81-186, s. 14;
    • SOR/83-703, s. 5(F);
    • SOR/86-864, s. 20;
    • SOR/92-618, s. 25;
    • SOR/94-718, s. 9.

General Tolerances

    • 50 (1) In the grading of cranberries, the standards set out in sections 48 and 49, as applicable, are considered to be met where up to 15 per cent by weight of the cranberries in a lot have defects, including

      • (a) in the case of a lot of cranberries inspected at the time of shipping or repacking, not more than

        • (i) five per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay; and

      • (b) in the case of a lot of cranberries inspected at a time other than at the time of shipping or repacking, not more than five per cent that have the same permanent defect.

    • (2) Condition defects shall apply against the grade of a lot of cranberries only when the lot is inspected at the time of shipping or repacking.

    • SOR/79-144, s. 14;
    • SOR/81-186, s. 15(E);
    • SOR/86-864, s. 21;
    • SOR/94-718, s. 9.

Grades and Standards for Grapes

Application

  • 51 The grades and standards set out in sections 52 to 55 apply to grapes of varieties grown from Vitis vinifera or Vitis labrusca and their hybrids.

    • SOR/79-144, s. 15;
    • SOR/94-718, s. 9.

Grades and Grade Names

  • 52 The grades and grade names for grapes are Canada No. 1 and Canada Domestic.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Standards for All Grades

  • 53 In addition to the standards for each grade and subject to the general tolerances set out in section 56, grapes of all grades shall

    • (a) be properly packed;

    • (b) be sound and free from dried berries;

    • (c) be free from hail marks; and

    • (d) be free from insects and insect larvae.

    • SOR/94-718, s. 9;
    • SOR/95-475, s. 2.

Canada No. 1 Grade Standards

    • 54 (1) In this section,

      fairly compact

      fairly compact means that the bunches are well filled but the berries are not closely spaced; (passablement serrés)

      of good colour

      of good colour means that not less than 90 per cent by count of the berries on a bunch are of the colour characteristic of the variety when mature; (d’une bonne couleur)

      of good size

      of good size, with respect to grapes in a lot, means that not less than 90 per cent by count of the berries on a bunch and not less than 90 per cent by weight of the bunches are of a size characteristic of the variety when mature and variation in size is not sufficient to materially affect the general appearance of the lot. (d’une bonne grosseur)

    • (2) In addition to meeting the standards for all grades set out in section 53, grapes graded Canada No. 1 shall

      • (a) be fairly clean;

      • (b) be free from crushed, split or shattered berries;

      • (c) be of one variety, of good colour and of good size;

      • (d) have 90 per cent by weight of the bunches in a lot of a fairly compact nature for the variety;

      • (e) be free from insect damage;

      • (f) be free from disease, mould and mildew; and

      • (g) be free from any other damage or defect or combination thereof that materially affects their appearance, edibility or shipping quality.

    • (3) Notwithstanding paragraph (2)(c), grapes of different varieties and colours packed in approximately equal proportions and labelled “mixed varieties”, that in all other respects meet the standards of Canada No. 1 grade, may be designated Canada No. 1.

    • SOR/86-864, s. 26(E);
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada Domestic Grade Standards

    • 55 (1) In this section,

      fairly compact

      fairly compact has the same meaning as in subsection 54(1); (passablement serrés)

      of fair colour

      of fair colour means that not less than 75 per cent by count of the berries on a bunch are of the colour characteristic of the variety when mature; (d’une couleur passable)

      of fair size

      of fair size, with respect to grapes in a lot, means that not less than 65 per cent by count of the berries on a bunch and not less than 65 per cent by weight of the bunches are of a size characteristic of the variety when mature and variation in size is not sufficient to seriously affect the general appearance of the lot. (d’une grosseur passable)

    • (2) In addition to meeting the standards for all grades set out in section 53, grapes graded Canada Domestic shall

      • (a) be reasonably clean;

      • (b) be of fair colour, of fair size and have similar varietal characteristics; and

      • (c) have 60 per cent by weight of the bunches in a lot of a fairly compact nature for the variety.

    • SOR/94-718, s. 9.

General Tolerances

    • 56 (1) In the grading of grapes, the standards set out in sections 54 and 55, as applicable, are considered to be met where up to 10 per cent of the grapes by weight in a lot have defects, including

      • (a) in the case of a lot of grapes inspected at the time of shipping or repacking, not more than

        • (i) three per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay; and

      • (b) in the case of a lot of grapes inspected at a time other than at the time of shipping or repacking, not more than five per cent that have the same permanent defect.

    • (2) Condition defects shall apply against the grade of a lot of grapes only when the lot is inspected at the time of shipping or repacking.

    • SOR/88-369, s. 22;
    • SOR/88-428, s. 22;
    • SOR/94-718, s. 9.

Grades and Standards for Peaches

Application

  • 57 The grades and standards set out in sections 58 to 61 apply to peaches of varieties grown from Prunus persica.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 58 The grades and grade names for peaches are Canada No. 1 and Canada Domestic.

    • SOR/81-186, s. 16;
    • SOR/82-1048, s. 14;
    • SOR/94-718, s. 9.

Standards for All Grades

    • 59 (1) In this section, mature means the peaches are well developed and have attained sufficient yellow in the ground colour to indicate they will continue to ripen and, in the case of peaches grown in Ontario, also means the pressure test through the skin of the peaches does not exceed 8 kg (18 pounds) as indicated by a pressure tester with an 8 mm (5/16 inch) diameter plunger.

    • (2) In addition to the standards for each grade and subject to the general tolerances set out in section 62, peaches of all grades shall

      • (a) be properly packed;

      • (b) be hand picked and of one variety;

      • (c) be uniformly mature and sound;

      • (d) have a minimum diameter

        • (i) in the case of peaches sold prior to August 15 in any year, of 54 mm (2 1/8 inches), and

        • (ii) in the case of peaches sold on or after August 15 in any year, of 57 mm (2 1/4 inches);

      • (e) be free from bruises that individually exceed 13 mm (1/2 inch) in diameter; and

      • (f) be free from insects and insect larvae.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

    • 60 (1) In this section, sized means the peaches in a container do not vary in diameter by more than 6 mm (1/4 inch).

    • (2) In addition to meeting the standards for all grades set out in section 59, peaches graded Canada No. 1 shall

      • (a) be fairly clean;

      • (b) be well formed and sized;

      • (c) be free from growth cracks and split pits;

      • (d) be free from hail marks;

      • (e) be free from skin punctures or breaks;

      • (f) be free from bruises that affect an aggregate area per peach exceeding 19 mm (3/4 inch) in diameter;

      • (g) be free from marks that are caused by limb rub and that

        • (i) exceed three per peach, or

        • (ii) affect an aggregate area per peach exceeding 13 mm (1/2 inch) in diameter;

      • (h) be free from russeting that is

        • (i) rough,

        • (ii) dark in colour and affects an aggregate area per peach exceeding 13 mm (1/2 inch) in diameter, or

        • (iii) fine, light in colour and affects more than 15 per cent of the surface area of a peach;

      • (i) be free from plant bug damage that

        • (i) is sunken or pitted,

        • (ii) has deformed a peach, or

        • (iii) affects an aggregate area per peach exceeding 13 mm (1/2 inch) in diameter;

      • (j) be free from insect damage other than plant bug damage and be free from disease;

      • (k) be free from gum;

      • (l) be free from sunscald;

      • (m) be free from a combination of two or more defects referred to in paragraphs (f) to (i) and 59(2)(e) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (n) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the peaches.

    • SOR/94-718, s. 9.

Canada Domestic Grade Standards

    • 61 (1) In this section, sized has the same meaning as in section 60.

    • (2) In addition to meeting the standards for all grades set out in section 59, peaches graded Canada Domestic shall

      • (a) be reasonably clean;

      • (b) be fairly well formed and, where packed in a peach box or cell pack, sized;

      • (c) be free from bruises that affect an aggregate area per peach exceeding 25 mm (1 inch) in diameter;

      • (d) be free from skin punctures or breaks of any kind, including growth cracks or suture cracks other than suture cracks in the J.H. Hale variety in which well-healed suture cracks not exceeding 13 mm (1/2 inch) in length are allowed;

      • (e) be free from hail damage that

        • (i) is not well healed,

        • (ii) has broken the skin and exceeds 5 mm (3/16 inch) in diameter or 2 mm (1/16 inch) in depth,

        • (iii) has broken the skin, causing marks that exceed three per peach,

        • (iv) affects more than 10 per cent of surface area of a peach, or

        • (v) has noticeably depressed the affected areas;

      • (f) be free from split pits exceeding 3 mm (1/8 inch) in width;

      • (g) be free from ink spot, mildew, oak bug damage, plant bug damage, limb rub, russeting or scab that affects more than five per cent of the surface area of a peach;

      • (h) be free from a combination of two or more defects referred to in paragraphs (c) to (g) and 59(2)(e) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (i) be free from any other damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the peaches.

    • SOR/81-186, s. 17(E);
    • SOR/94-718, s. 9.

General Tolerances

    • 62 (1) In the grading of peaches, the standards set out in sections 60 and 61, as applicable, are considered to be met where

      • (a) up to 10 per cent by count of the peaches in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) three per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay;

      • (b) up to 10 per cent by count of the peaches in a lot inspected at a time other than at the time of shipping or repacking have defects, including not more than five per cent that have the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to

        • (i) five per cent by count of the peaches in the lot have less than the minimum diameter set out in paragraph 59(2)(d), and

        • (ii) 10 per cent of the containers in the lot contain more than 10 per cent by count of peaches that exceed the maximum diameter variation set out in subsection 60(1).

    • (2) Condition defects shall apply against the grade of a lot of peaches only when the lot is inspected at the time of shipping or repacking.

    • SOR/94-718, s. 9.

Grades and Standards for Pears

Application

  • 63 The grades and standards set out in sections 64 to 68 apply to pears of varieties grown from Pyrus communis.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 64 The grades and grade names for pears are Canada Extra Fancy, Canada Fancy and Canada Commercial.

    • SOR/94-718, s. 9.

Standards for All Grades

    • 65 (1) In this section, sized, with respect to tiered pears, means that the pears, are packed by count and do not vary in diameter by more than 6 mm (1/4 inch).

    • (2) In addition to the standards for each grade and subject to the general tolerances set out in sections 70 and 71, pears of all grades shall

      • (a) be properly packed;

      • (b) be hand picked, of one variety and sized;

      • (c) be mature and sound;

      • (d) conform to the minimum diameter requirements set out in section 69;

      • (e) be free from bruises that have caused brown discolouration under the skin;

      • (f) be free from insects and insect larvae; and

      • (g) be free from storage scald and black end.

    • SOR/82-1048, s. 15(E);
    • SOR/94-718, s. 9.

Canada Extra Fancy Grade Standards

    • 66 (1) In addition to meeting the standards for all grades set out in section 65, pears graded Canada Extra Fancy shall

      • (a) be clean, smooth and well formed;

      • (b) be free from bruises that affect an aggregate area per pear exceeding 19 mm (3/4 inch) in diameter;

      • (c) be free from skin punctures

        • (i) in the case of pears of any variety other than Anjou, or

        • (ii) in the case of pears of the Anjou variety, that

          • (A) exceed one per pear,

          • (B) individually measure more than 5 mm (3/16 inch) in diameter, or

          • (C) affect more than 10 per cent by count of the pears in a lot;

      • (d) be free from hail damage that

        • (i) has broken the skin,

        • (ii) has caused discolouration,

        • (iii) has caused an individual mark exceeding 3 mm (1/8 inch) in diameter, or

        • (iv) affects an aggregate area per pear exceeding 6 mm (1/4 inch) in diameter;

      • (e) be free from limb rub or leaf mark that is

        • (i) soft, rough or dark in colour, or

        • (ii) light brown in colour or of a smooth russet character and affects an aggregate area per pear exceeding 13 mm (1/2 inch) in diameter;

      • (f) be free from russeting that is

        • (i) rough, or

        • (ii) smooth but not characteristic of the variety and affects an aggregate area per pear exceeding 38 mm (1 1/2 inches) in diameter;

      • (g) be free from insect damage of any of the following types:

        • (i) pear psylla residue that

          • (A) affects the appearance of a pear, or

          • (B) affects an aggregate area per pear exceeding 13 mm (1/2 inch) in diameter, and

        • (ii) scale and scale spots that

          • (A) exceed two per pear, or

          • (B) affect more than five per cent by count of the pears in a lot;

      • (h) be free from disease;

      • (i) be free from drought spot, sprayburn and sunscald;

      • (j) be free from a combination of two or more defects referred to in paragraphs (b) to (g) and 65(2)(e) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (k) be free from any other damage or defect or combination thereof that affects the appearance, edibility or shipping quality of the pears.

    • (2) Notwithstanding paragraph 65(2)(b), pears of different varieties packed in approximately equal proportions in containers not exceeding a capacity of 10 kg and labelled with the words “Gift Pack”, “Combination Pack” or “Variety Pack”, that in all other respects meet the standards for Canada Extra Fancy grade, may be designated as Canada Extra Fancy.

    • SOR/94-718, s. 9.

Canada Fancy Grade Standards

    • 67 (1) In addition to meeting the standards for all grades set out in section 65, pears graded Canada Fancy shall

      • (a) be fairly clean, smooth and fairly well formed;

      • (b) be free from bruises that affect an aggregate area per pear exceeding 19 mm (3/4 inch) in diameter;

      • (c) be free from skin punctures

        • (i) in the case of pears of any variety other than Anjou, or

        • (ii) in the case of pears of the Anjou variety, that

          • (A) exceed one per pear,

          • (B) individually measure more than 5 mm (3/16 inch) in diameter, or

          • (C) affect more than 15 per cent by count of the pears in a lot;

      • (d) be free from hail damage that

        • (i) has broken the skin,

        • (ii) affects an aggregate area per pear exceeding 13 mm (1/2 inch) in diameter, or

        • (iii) has noticeably depressed the affected areas or materially affects the appearance of a pear;

      • (e) be free from limb rub or leaf mark that is

        • (i) soft, rough or dark in colour, or

        • (ii) light brown in colour or of a smooth russet character and affects an aggregate area per pear exceeding 19 mm (3/4 inch) in diameter;

      • (f) be free from russeting that is

        • (i) rough, or

        • (ii) smooth but not characteristic of the variety and that affects more than 25 per cent of the surface area of a pear;

      • (g) be free from scab spots that affect an aggregate area per pear exceeding 3 mm (1/8 inch) in diameter;

      • (h) be free from drought spot;

      • (i) be free from sunscald or sprayburn that does not blend with the normal colour of a pear or that has caused blistering or cracking of the skin;

      • (j) be free from insect damage of any of the following types, namely,

        • (i) leaf roller damage that has deformed a pear or affects an aggregate area per pear exceeding 19 mm (3/4 inch) in diameter,

        • (ii) three or more insect punctures or stings per pear or any insect punctures or stings that exceed 3 mm (1/8 inch) in depth or diameter, inclusive of any encircling discoloured ring,

        • (iii) pear psylla residue that affects more than five per cent of the surface area of a pear, or

        • (iv) scale and from scale spots that

          • (A) exceed two per pear, or

          • (B) affect more than five per cent by count of the pears in a lot;

      • (k) be free from stony pit that exceeds one spot per pear;

      • (l) be free from freckled pit that affects an aggregate area per pear exceeding 13 mm (1/2 inch) in diameter;

      • (m) be free from a combination of two or more defects referred to in paragraphs (b) to (l) and 65(2)(e) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (n) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the pears.

    • (2) Pears graded Canada Fancy may be alternatively designated “Canada No. 1”.

    • SOR/94-718, s. 9.

Canada Commercial Grade Standards

    • 68 (1) In addition to meeting the standards for all grades set out in section 65, pears graded Canada Commercial shall

      • (a) be reasonably clean;

      • (b) have no more than 15 per cent of their surface area of an abnormal shape or on which the abnormal shape causes a depression greater than 6 mm (1/4 inch);

      • (c) be free from bruises that affect an aggregate area per pear exceeding 25 mm (1 inch) in diameter;

      • (d) be free from skin punctures that

        • (i) in the case of pears of

          • (A) any variety other than Anjou, exceed one per pear, and

          • (B) the Anjou variety, exceed two per pear, or

        • (ii) individually measure more than 5 mm (3/16 inch) in diameter;

      • (e) be free from hail damage that has

        • (i) not broken the skin but affects an aggregate area per pear exceeding 19 mm (3/4 inch) in diameter,

        • (ii) broken the skin and is not well healed,

        • (iii) broken the skin and is well healed but affects an aggregate area per pear exceeding 13 mm (1/2 inch) in diameter, or

        • (iv) noticeably depressed the affected areas or seriously affects the appearance of a pear;

      • (f) be free from limb rub or leaf mark

        • (i) where the affected area is seriously depressed, or

        • (ii) that affects an aggregate area per pear exceeding 25 mm (1 inch) in diameter;

      • (g) be free from rough russeting that affects an aggregate area per pear exceeding 25 mm (1 inch) in diameter;

      • (h) be free from scab spots that affect an aggregate area per pear exceeding 13 mm (1/2 inch);

      • (i) be free from drought spots that

        • (i) exceed three per pear, or

        • (ii) have noticeably depressed or discoloured the affected areas;

      • (j) be free from sunscald or sprayburn that

        • (i) is soft or has caused blistering or cracking of the skin, or

        • (ii) affects more than 15 per cent of the surface area of a pear and does not blend with the normal colour of the pear;

      • (k) be free from insect damage of any of the following types, namely,

        • (i) leaf roller damage that affects an aggregate area per pear exceeding 25 mm (1 inch) in diameter,

        • (ii) stings that are not well healed,

        • (iii) stings that are well healed but affect an aggregate area per pear exceeding 13 mm (1/2 inch) in diameter, inclusive of any encircling discoloured ring,

        • (iv) pear psylla residue that affects more than 15 per cent of the surface area of a pear, or

        • (v) scale and scale spots that exceed 10 per pear;

      • (l) be free from stony pit that affects an aggregate area per pear exceeding 13 mm (1/2 inch) in diameter;

      • (m) be free from freckled pit that affects more than 15 per cent of the surface area of a pear or discolours a pear;

      • (n) be free from a combination of two or more defects referred to in paragraphs (b) to (m) and 65(2)(e) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (o) be free from any other damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the pears.

    • (2) Pears graded Canada Commercial may be alternatively designated “Canada Cee”, “Canada “C” or “Canada Domestic”.

    • SOR/94-718, s. 9.

Minimum Diameter

    • 69 (1) The minimum diameter for a variety of pears set out in column I of an item of the table to this section for pears graded Canada Extra Fancy or Canada Fancy is as set out in column II of that item.

    • (2) The minimum diameter for a variety of pears set out in column I of an item of the table to this section for pears graded Canada Commercial is as set out in column III of that item.

      TABLE

      Minimum Diameter Size Requirements for Varieties and Grades of Pears

      ItemColumn IColumn IIColumn III
      VarietyCanada Extra Fancy Grade and Canada Fancy GradeCanada Commercial Grade
      1Clapps Favourite, Delicious, Deveau, Howel57 mm (2 1/4 inches)51 mm (2 inches)
      2Anjou, Flemish Beauty57 mm (2 1/4 inches)44 mm (1 3/4 inches)
      3Bartlett, French Bartlett56 mm (2 3/16 inches)48 mm (1 7/8 inches)
      4Bosc54 mm (2 1/8 inches)44 mm (1 3/4 inches)
      5Kieffer54 mm (2 1/8 inches)41 mm (1 5/8 inches)
      6Gifford51 mm (2 inches)38 mm (1 1/2 inches)
      7Seckel32 mm (1 1/4 inches)25 mm (1 inch)
      8All other varieties51 mm (2 inches)38 mm (1 1/2 inches)
    • SOR/94-718, s. 9.

General Tolerances at the Time of Shipping or Repacking

  • 70 In the grading of pears, the standards set out in sections 65 to 69, as applicable, are considered to be met in the case of a lot of pears inspected at the time of shipping or repacking if up to

    • (a) five per cent by count of the pears in the lot have less than the minimum diameter as set out in the table to section 69;

    • (b) five per cent by count of the pears in the lot exceed the declared maximum diameter;

    • (c) in the case of a lot of tiered pears, 10 per cent of the containers contain more than 10 per cent by count of pears that exceed the maximum diameter variation set out in subsection 65(1); and

    • (d) 10 per cent by count of the pears in the lot have defects other than those referred to in paragraphs (a) to (c), including not more than

      • (i) three per cent that are affected by decay, and

      • (ii) five per cent that have the same defect other than decay.

    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 14.

General Tolerances At a Time Other Than at the Time of Shipping or Repacking

  • 71 In the grading of pears, the standards set out in sections 65 to 69, as applicable, are considered to be met in the case of a lot of pears inspected at a time other than the time of shipping or repacking if up to

    • (a) five per cent by count of the pears in the lot have less than the minimum diameter as set out in the table to section 69;

    • (b) five per cent by count of the pears in the lot exceed the declared maximum diameter;

    • (c) in the case of a lot of tiered pears, 10 per cent of the containers contain more than 10 per cent by count of pears that exceed the maximum diameter variation set out in subsection 65(1); and

    • (d) 15% by count of the pears in the lot have defects other than those referred to in paragraphs (a) to (c), including not more than

      • (i) 10% that are affected by other permanent defects, including not more than 5% that have the same permanent defect,

      • (ii) 10% that have the same condition defect other than decay, and

      • (iii) 5% that are affected by decay.

    • (e) [Repealed, SOR/2003-6, s. 15]

    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 15.

Grades and Standards for Plums and Prunes

Application

  • 72 The grades and standards set out in sections 73 to 76 apply to plums and prunes of varieties grown from Prunus domestica, Prunus insititia or Prunus salicina and their hybrids.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 73 The grades and grade names for plums and prunes are Canada No. 1 and Canada Domestic.

    • SOR/94-718, s. 9.

Standards for All Grades

  • 74 In addition to the standards for each grade and subject to the general tolerances set out in section 77, plums and prunes of all grades shall

    • (a) be properly packed;

    • (b) be hand picked and of one variety;

    • (c) be well formed, mature and sound;

    • (d) be free from skin tears outside of the stem cavity;

    • (e) be free from insects and insect larvae; and

    • (f) be free from disease, purple spot and plum rot.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

    • 75 (1) In this section,

      Italian type

      Italian type, with respect to prunes, means prunes that are free-stone; (du type italien)

      of good colour

      of good colour, with respect to plums and prunes, means that

      • (a) in the case of Italian type prunes, not less than 75 per cent of the surface area of a prune is of a colour characteristic of the variety when mature, and

      • (b) in the case of plums and other varieties of prunes, the fruit is of a colour characteristic of the variety when mature. (d’une bonne couleur)

    • (2) In addition to meeting the standards for all grades set out in section 74, plums and prunes graded Canada No. 1 shall

      • (a) be fairly clean;

      • (b) be of good colour;

      • (c) conform to the diameter size requirements set out in the table to this section;

      • (d) be free from bruises other than those incidental to good commercial handling and packing;

      • (e) be free from skin breaks outside of the stem cavity;

      • (f) be free from growth cracks

        • (i) in the case of plums of any variety other than Peach plums, and

        • (ii) in the case of Peach plums, that

          • (A) are not at the calyx end,

          • (B) expose the flesh, or

          • (C) exceed 6 mm (1/4 inch) in length;

      • (g) be free from russeting that affects more than 10 per cent of the surface area of a plum or prune;

      • (h) be free from drought spot and sunscald;

      • (i) be free from hail marks;

      • (j) be free from limb rub and leaf mark;

      • (k) be free from insect damage;

      • (l) be free from a combination of two or more defects referred to in paragraphs (d) to (k) and 74(d) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (m) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the plums or prunes.

        TABLE

        Diameter Size Requirements for Plum and Prune Varieties

        ItemColumn IColumn II
        VarietyMinimum diameter
        1Burbank, Ozark, Premier, Vanier41 mm (1 5/8 inches)
        2Shiro38 mm (1 1/2 inches)
        3Methley, President, Washington35 mm (1 3/8 inches)
        4Bradshaw, Early Golden, all varieties commonly known as Early Blues32 mm (1 1/4 inches)
        5Reine Claude, Stanley, Italian type prunes29 mm (1 1/8 inches)
        6Green Gage, Lombard, German prunes25 mm (1 inch)
        7Shropshire Damson19 mm (3/4 inch)
        8All other varietiesCharacteristic of the variety when mature
    •  SOR/94-718, s. 9.

Canada Domestic Grade Standards

    • 76 (1) In this section,

      Italian type

      Italian type has the same meaning as in subsection 75(1); (du type italien)

      of fair colour

      of fair colour, with respect to plums and prunes, means that

      • (a) in the case of Italian type prunes, not less than 50 per cent of the surface area of a prune is of a colour characteristic of the variety when mature, and

      • (b) in the case of plums and other varieties of prunes, not less than 75 per cent by count of the plums or prunes in a lot are of a colour characteristic of the variety when mature. (d’une couleur passable)

    • (2) In addition to meeting the standards for all grades set out in section 74, plums and prunes graded Canada Domestic shall

      • (a) be reasonably clean;

      • (b) be of fair colour;

      • (c) be free from bruises that affect more than 15 per cent of the surface area of a plum or prune;

      • (d) be free from growth cracks that

        • (i) are not well healed,

        • (ii) exceed one per plum or prune, or

        • (iii) are shallow and well healed but exceed 6 mm (1/4 inch) in length;

      • (e) be free from hail damage that

        • (i) is not well healed,

        • (ii) has broken the skin and exceeds 3 mm (1/8 inch) in diameter,

        • (iii) has broken the skin, causing marks that exceed three per plum or prune, or

        • (iv) affects an aggregate area per plum or prune exceeding 13 mm (1/2 inch) in diameter;

      • (f) be free from limb rub or leaf mark that affects more than 15 per cent of the surface area of a plum or prune;

      • (g) be free from russeting that affects more than 25 per cent of the surface area of a plum or prune;

      • (h) be free from sunscald that does not blend with the normal colour of a plum or prune or has caused blistering or cracking of the skin;

      • (i) be free from drought spot that affects more than 10 per cent of the surface area of a plum or prune;

      • (j) be free from insect stings that

        • (i) exceed 3 per plum or prune,

        • (ii) extend into the flesh, or

        • (iii) affect an aggregate area per plum or prune exceeding 6 mm (1/4 inch) in diameter;

      • (k) be free from a combination of two or more defects referred to in paragraphs (c) to (j) and 74(d) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (l) be free from any other damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the plums or prunes.

    • SOR/94-718, s. 9.

General Tolerances

    • 77 (1) In the grading of plums and prunes, the standards set out in sections 75 and 76, as applicable, are considered to be met where

      • (a) up to 10 per cent by count of the plums or prunes in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) three per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay;

      • (b) up to 10 per cent by count of the plums or prunes in a lot inspected at a time other than at the time of shipping or repacking have defects, including not more than five per cent that have the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to five per cent by count of the plums or prunes in the lot have less than the minimum diameter set out in the table to section 75.

    • (2) Condition defects shall apply against the grade of a lot of plums or prunes only when the lot is inspected at the time of shipping or repacking.

    • SOR/94-718, s. 9.

Grades and Standards for Field Rhubarb

Application

  • 78 The grades and standards set out in sections 79 to 81 apply to rhubarb of varieties grown from Rheum rhaponticum, rhubarb grown under protective covering being excluded.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 79 The grades and grade names for field rhubarb are Canada No. 1 and Canada Domestic.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 80 Subject to the general tolerances set out in subsection 82(1), field rhubarb graded Canada No. 1 shall

    • (a) be properly packed;

    • (b) be fresh and not wilted;

    • (c) be trimmed so that

      • (i) the butt of the rhubarb has not been cut,

      • (ii) loose skin has been removed, and

      • (iii) the leafy portion does not exceed 25 mm (1 inch) in length;

    • (d) be free from stalks pulled from the seed stem;

    • (e) have not less than one-third of each stalk of a characteristic red colour;

    • (f) have a minimum diameter of 19 mm (3/4 inch) or a minimum circumference of 63 mm (2 1/2 inches) at or near the butt;

    • (g) have a minimum length of 254 mm (10 inches);

    • (h) be free from decay;

    • (i) be free from insects or other pests and disease; and

    • (j) be free from dirt, trimmings and other foreign material.

    • SOR/94-718, s. 9.

Canada Domestic Grade Standards

  • 81 Subject to the general tolerances set out in subsection 82(2), field rhubarb graded Canada Domestic shall be free from decay.

    • SOR/94-718, s. 9.

General Tolerances

    • 82 (1) In the grading of field rhubarb into Canada No. 1 grade, the standards set out in section 80 are considered to be met where up to 10 per cent by count of the rhubarb in a lot has defects, including

      • (a) in the case of a lot of rhubarb inspected at the time of shipping or repacking, not more than

        • (i) one per cent that is affected by decay, and

        • (ii) five per cent that has the same defect other than decay; and

      • (b) in the case of a lot of rhubarb inspected at a time other than at the time of shipping or repacking, not more than five per cent that has the same permanent defect.

    • (2) In the grading of field rhubarb into Canada Domestic grade, the standards set out in section 81 are considered to be met where, in a lot of rhubarb inspected at the time of shipping or repacking, up to one per cent by count of the rhubarb in the lot is affected by decay.

    • (3) Condition defects shall apply against the grade of a lot of field rhubarb only when the lot is inspected at the time of shipping or repacking.

    • SOR/94-718, s. 9.

Grades and Standards for Strawberries

Application

  • 83 The grade and the standards set out in sections 84 and 85 apply to strawberries of varieties grown from the genus Fragaria.

    • SOR/94-718, s. 9.

Grade and Grade Name

    • 84 (1) The grade and grade name for strawberries is Canada No. 1.

    • (2) The use of the grade and grade name set out in subsection (1) is optional but, where they are used, the fruit shall conform to the standards set out in section 85.

    • SOR/94-718, s. 9.

Standards

  • 85 Subject to the general tolerances set out in section 86, strawberries graded Canada No. 1 shall

    • (a) be properly packed;

    • (b) be fairly clean, firm and sound;

    • (c) be well formed and have the calyx attached;

    • (d) be of a colour characteristic of the variety when mature;

    • (e) have a minimum diameter of 16 mm (5/8 inch);

    • (f) be free from bird pecks and bruises;

    • (g) be free from mould and surface moisture; and

    • (h) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the strawberries.

    • SOR/94-718, s. 9.

General Tolerances

    • 86 (1) In the grading of strawberries, the standards set out in section 85 are considered to be met where

      • (a) up to 10 per cent by count of the strawberries in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) two per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay;

      • (b) up to 10 per cent by count of the strawberries in a lot of strawberries inspected at a time other than at the time of shipping or repacking have defects, including not more than five per cent that have the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to five per cent by count of the strawberries in the lot have less than the minimum diameter set out in paragraph 85(e).

    • (2) Condition defects shall apply against the grade of a lot of strawberries only when the lot is inspected at the time of shipping or repacking.

    • SOR/94-718, s. 9.

PART IIGrades and Standards for Fresh Vegetables

Interpretation

  • 1 In this Part,

    sound

    sound means that, at the time of shipping or repacking, the vegetables are free from condition defects such as decay, breakdown, freezing damage, soft or shrivelled specimens, overripe specimens or other damage adversely affecting their keeping quality; (sain)

    wrapper leaves

    wrapper leaves means all leaves that do not closely enfold the compact portion of the head. (feuilles enveloppantes)

    • SOR/88-428, s. 26;
    • SOR/94-510, s. 25;
    • SOR/94-718, s. 9.

Grades and Standards for Asparagus

Application

  • 2 The grades and standards set out in sections 3 to 7 apply only to green-coloured asparagus of varieties grown from Asparagus officinalis.

    • SOR/90-122, s. 1;
    • SOR/94-718, s. 9.

Grades and Grade Names

    • 3 (1) The grades and grade names for asparagus are Canada No. 1, Canada No. 1 Slender and Canada No. 2.

    • (2) Where asparagus is marketed as diameter graded, one of the designations set out in subsection (3), determined according to the diameter of the asparagus stalks, shall be used in addition to the grade name.

    • (3) For the purposes of subsection (2), diameter graded means graded, according to the diameter of the asparagus stalks, into one of three diameter size ranges that have the following designations:

      • (a) “Medium”, where the asparagus stalks have a minimum diameter of 8 mm (5/16 inch) and a maximum diameter of 14 mm (9/16 inch);

      • (b) “Large”, where the asparagus stalks have a minimum diameter of 13 mm (1/2 inch) and a maximum diameter of 21 mm (13/16 inch); and

      • (c) “Jumbo”, where the asparagus stalks have a minimum diameter of 19 mm (3/4 inch).

    • SOR/88-428, s. 26;
    • SOR/90-122, s. 1;
    • SOR/94-718, s. 9.

Standards for All Grades

  • 4 In addition to the standards for each grade and subject to the general tolerances set out in section 8, asparagus of all grades shall

    • (a) be properly packed;

    • (b) have not more than 15 per cent of each stalk white;

    • (c) be trimmed so that the butts of the stalks are squarely, smoothly and evenly cut and are free from stringy or frayed ends;

    • (d) have stalks of a minimum diameter of 8 mm (5/16 inch), except where diameter grading designations are used in accordance with subsections 3(2) and (3);

    • (e) have stalks of a minimum length of 140 mm (5 1/2 inches);

    • (f) where packed in a pyramid-type container that holds 9 kg (20 lb) of asparagus, have a maximum length of 230 mm (9 inches); and

    • (g) be free from decay.

    • SOR/90-122, s. 1;
    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 5 In addition to meeting the standards for all grades set out in section 4, asparagus graded Canada No. 1 shall

    • (a) be fresh;

    • (b) be free from stalks having tips that are broken or spreading, or that have a seedy appearance;

    • (c) where packed in a container, have stalks that vary by not more than 38 mm (1 1/2 inches) in length; and

    • (d) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the asparagus.

    • SOR/88-428, s. 26;
    • SOR/90-122, s. 1;
    • SOR/94-718, s. 9.

Canada No. 1 Slender Grade Standards

  • 6 In addition to meeting the standards for all grades set out in section 4, asparagus graded Canada No. 1 Slender shall

    • (a) be fresh;

    • (b) be free from stalks having tips that are broken or spreading;

    • (c) be not seriously affected by tips that have a seedy appearance;

    • (d) have stalks of a maximum diameter of 9 mm (23/64 inch);

    • (e) where packed in a container, have stalks that vary by not more than 38 mm (1 1/2 inches) in length; and

    • (f) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the asparagus.

    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 7 In addition to meeting the standards for all grades set out in section 4, asparagus graded Canada No. 2 shall be free from any damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the asparagus.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

General Tolerances

    • 8 (1) In the grading of asparagus, the standards set out in sections 5 to 7, as applicable, are considered to be met where

      • (a) up to 10 per cent by count of the asparagus in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) one per cent that is affected by decay, and

        • (ii) five per cent that has the same defect other than decay;

      • (b) up to 10 per cent by count of the asparagus in a lot inspected at a time other than at the time of shipping or repacking has defects, including not more than five per cent that has the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to

        • (i) 10 per cent by count of the asparagus in the lot fails to meet the diameter or length requirements for the grade, and

        • (ii) 10 per cent of the containers contain stalks that exceed the maximum length variation for the grade.

    • (2) Condition defects shall apply against the grade of a lot of asparagus only when the lot is inspected at the time of shipping or repacking.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Grades and Standards for Beets

Application

  • 9 The grades and standards set out in sections 10 to 13 apply to beets of varieties grown from Beta vulgaris, beets with tops being excluded.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 10 The grades and grade names for beets are Canada No. 1 and Canada No. 2.

    • SOR/94-718, s. 9.

Standards for All Grades

  • 11 In addition to the standards for each grade and subject to the general tolerances set out in sections 14 and 15, beets of all grades shall

    • (a) be properly packed;

    • (b) have similar varietal characteristics;

    • (c) be not trimmed into the shoulder;

    • (d) be not soft, flabby, shrivelled or woody in texture; and

    • (e) be free from decay.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 12 In addition to meeting the standards for all grades set out in section 11, beets graded Canada No. 1 shall

    • (a) be reasonably clean;

    • (b) have the shape characteristic of the variety;

    • (c) be not rough, ridged or misshapen;

    • (d) be trimmed so that the length of the tops of 75 per cent by weight of the beets in a lot does not exceed 13 mm (1/2 inch) and the length of the tops of the other beets does not exceed 25 mm (1 inch);

    • (e) meet the following requirements in respect of diameter, namely,

      • (i) have a minimum diameter of 32 mm (1 1/4 inches) and a maximum diameter of 76 mm (3 inches), or

      • (ii) have a minimum diameter of 25 mm (1 inch) and

        • (A) conform to the diameter size range marked on the container or on a label attached thereto,

        • (B) be packed in a transparent container, or

        • (C) be in a bulk display in a retail store; and

    • (f) be free from any other damage or defect or combination thereof that

      • (i) materially affects the appearance, edibility or shipping quality of the beets, or

      • (ii) cannot be removed without the loss of more than five per cent of the total weight of a beet.

    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 13 In addition to meeting the standards for all grades set out in section 11, beets graded Canada No. 2 shall

    • (a) be not so deformed that their appearance is seriously affected;

    • (b) be trimmed so that the tops do not exceed 25 mm (1 inch) in length;

    • (c) meet the following requirements in respect of diameter, namely,

      • (i) have a minimum diameter of 32 mm (1 1/4 inches), or

      • (ii) have a minimum diameter of 25 mm (1 inch) and

        • (A) conform to the diameter size range marked on the container or on a label attached thereto,

        • (B) be packed in a transparent container, or

        • (C) be in a bulk display in a retail store; and

    • (d) be free from any other damage or defect or combination thereof that

      • (i) seriously affects the appearance, edibility or shipping quality of the beets, or

      • (ii) cannot be removed without the loss of more than 10 per cent of the total weight of a beet.

    • SOR/94-718, s. 9.

General Tolerances at the Time of Shipping or Repacking

  • 14 In the grading of beets, the standards set out in sections 11 to 13, as applicable, are considered to be met in the case of a lot of beets inspected at the time of shipping or repacking if up to

    • (a) four per cent by weight of the beets in the lot have less than the minimum diameter set out in paragraph 12(e) or 13(c);

    • (b) 8% by weight of the beets in the lot exceed the maximum diameter set out in subparagraph 12(e)(i) or the diameter marked on the container or on the label attached to it; and

    • (c) six per cent by weight of the beets in the lot have defects other than those referred to in paragraphs (a) and (b), including not more than two per cent that are affected by decay.

    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 16.

General Tolerances at a Time Other Than at the Time of Shipping or Repacking

  • 15 In the grading of beets, the standards set out in sections 11 to 13, as applicable, are considered to be met in the case of a lot of beets inspected at a time other than the time of shipping or repacking if up to

    • (a) four per cent by weight of the beets in the lot have less than the minimum diameter set out in paragraph 12(e) or 13(c);

    • (b) 8% by weight of the beets in the lot exceed the maximum diameter set out in subparagraph 12(e)(i) or the diameter marked on the container or on the label attached to it; and

    • (c) 11% by weight of the beets in the lot have defects other than those referred to in paragraphs (a) and (b), including not more than

      • (i) 6% that are affected by other permanent defects, and

      • (ii) 4% that are affected by decay.

    • (d) [Repealed, SOR/2003-6, s. 17]

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 17.

Grades and Standards for Brussels Sprouts

Application

  • 16 The grades and standards set out in sections 17 to 20 apply to Brussels sprouts, being the axillary buds growing along the vertical stem of varieties grown from Brassica oleracea var. gemmifera, Brussels sprouts remaining attached to the vertical stem being excluded.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 17 The grades and grade names for Brussels sprouts are Canada No. 1 and Canada No. 2.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Standards for All Grades

  • 18 In addition to the standards for each grade and subject to the general tolerances set out in section 21, Brussels sprouts of all grades shall

    • (a) have been removed from the stalk;

    • (b) be properly packed;

    • (c) be not withered or burst;

    • (d) not plainly show the formation of a seed stem;

    • (e) be free from decay;

    • (f) have a minimum diameter of 25 mm (1 inch);

    • (g) have a maximum length of 70 mm (2 3/4 inches); and

    • (h) be free from insect damage that materially affects the appearance, edibility or shipping quality of the Brussels sprouts.

    • SOR/82-1048, s. 16(F);
    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 19 In addition to meeting the standards for all grades set out in section 18, Brussels sprouts graded Canada No. 1 shall

    • (a) be of a good characteristic green colour;

    • (b) have a maximum diameter of 51 mm (2 inches);

    • (c) yield only slightly to moderate pressure; and

    • (d) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the Brussels sprouts.

    • SOR/79-144, s. 16;
    • SOR/80-204, s. 8;
    • SOR/81-186, s. 18(E);
    • SOR/86-864, ss. 22(F), 26(E);
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 20 In addition to meeting the standards for all grades set out in section 18, Brussels sprouts graded Canada No. 2 shall

    • (a) be of a colour not lighter than yellowish-green;

    • (b) be of a reasonable weight for their size but may have considerable open spaces between the leaves in the lower portion of the head;

    • (c) be not soft or puffy; and

    • (d) be free from any other damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the Brussels sprouts.

    • SOR/82-1048, s. 17(F);
    • SOR/94-718, s. 9.

General Tolerances

    • 21 (1) In the grading of Brussels sprouts, the standards set out in sections 19 and 20, as applicable, are considered to be met where

      • (a) up to 10 per cent by weight of the Brussels sprouts in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) two per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay;

      • (b) up to 10 per cent by weight of the Brussels sprouts in a lot inspected at a time other than at the time of shipping or repacking have defects, including not more than five per cent that have the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to

        • (i) five per cent by weight of the Brussels sprouts in the lot have less than the minimum diameter set out in paragraph 18(f),

        • (ii) in the case of Brussels sprouts graded Canada No. 1, five per cent by weight of the Brussels sprouts in the lot exceed the maximum diameter set out in paragraph 19(b), and

        • (iii) 10 per cent by weight of the Brussels sprouts in the lot exceed the maximum length set out in paragraph 18(g).

    • (2) Condition defects shall apply against the grade of a lot of Brussels sprouts only when the lot is inspected at the time of shipping or repacking.

    • SOR/80-204, s. 9;
    • SOR/86-864, s. 23(F);
    • SOR/94-718, s. 9.

Grades and Standards for Cabbages

Application

  • 22 The grades and standards set out in sections 23 to 26 apply to headed cabbages of varieties grown from Brassica oleracea var. capitata or Brassica oleracea var. bullata, including red cabbages and pointed cabbages.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 23 The grades and grade names for cabbages are Canada No. 1 and Canada No. 2.

    • SOR/94-718, s. 9.

Standards for All Grades

  • 24 In addition to the standards for each grade and subject to the general tolerances set out in sections 27 and 28, cabbages of all grades shall

    • (a) be properly packed;

    • (b) have similar varietal characteristics;

    • (c) be trimmed so that the butts are no longer than 13 mm (1/2 inch) and there are no more than six wrapper leaves per head;

    • (d) have heads that are not withered or burst;

    • (e) have heads that do not plainly show the formation of a seed stem; and

    • (f) be free from decay.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 25 In addition to meeting the standards for all grades set out in section 24, cabbages graded Canada No. 1 shall

    • (a) have, in the case of cabbages of the Savoy type, heads that are not soft;

    • (b) have, in the case of cabbages of types other than Savoy, heads that yield only slightly to pressure;

    • (c) have all outer leaves that are damaged by worms, disease or other factors removed;

    • (d) where packed in a container, not vary by more than 51 mm (2 inches) in diameter; and

    • (e) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the cabbages.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 26 In addition to meeting the standards for all grades set out in section 24, cabbages graded Canada No. 2 shall

    • (a) have heads that are not soft; and

    • (b) be free from any other damage or defect or combination thereof that

      • (i) seriously affects the appearance, edibility or shipping quality of the cabbages, or

      • (ii) cannot be removed without the loss of more than 15 per cent of the edible portion of a head of cabbage.

    • SOR/94-718, s. 9.

General Tolerances at the Time of Shipping or Repacking

  • 27 In the grading of cabbage, the standards set out in sections 24 to 26, as applicable, are considered to be met in the case of a lot of cabbage inspected at the time of shipping or repacking if up to

    • (a) 10 per cent by count of the cabbages in the lot have defects, including not more than

      • (i) two per cent that are affected by decay, and

      • (ii) five per cent that have the same defect other than decay; and

    • (b) in the case of cabbage graded Canada No. 1, 10% of the containers in the lot contain heads whose diameters vary by more than the maximum diameter variation set out in paragraph 25(d).

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 18.

General Tolerances At a Time Other Than at the Time of Shipping or Repacking

  • 28 In the grading of cabbage, the standards set out in sections 24 to 26, as applicable, are considered to be met in the case of a lot of cabbage inspected at a time other than the time of shipping or repacking if up to

    • (a) 15% by count of the cabbages in the lot have defects, including not more than

      • (i) 10% that are affected by permanent defects, including not more than 5% that have the same permanent defect,

      • (ii) 10% that have the same condition defect other than decay, and

      • (iii) 4% that are affected by decay; and

    • (b) in the case of cabbage graded Canada No. 1, 10% of the containers in the lot contain heads whose diameters vary by more than the maximum diameter variation set out in paragraph 25(d).

    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 19.

Grades and Standards for Carrots

Application

  • 29 The grades and standards set out in sections 30 to 33 apply to carrots of varieties grown from Daucus carota, carrots with tops being excluded.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Grades and Grade Names

  • 30 The grades and grade names for carrots are Canada No. 1 and Canada No. 2.

    • SOR/94-718, s. 9.

Standards for All Grades

  • 31 In addition to the standards for each grade and subject to the general tolerances set out in sections 34 and 35, carrots of all grades shall

    • (a) be properly packed;

    • (b) have similar varietal characteristics;

    • (c) be not forked;

    • (d) be not trimmed into the crown;

    • (e) be not soft, flabby, shrivelled or woody in texture;

    • (f) be free from decay; and

    • (g) have a minimum length of 114 mm (4 1/2 inches).

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 32 In addition to meeting the standards for all grades set out in section 31, carrots graded Canada No. 1 shall

    • (a) be reasonably clean;

    • (b) be not materially rough, materially misshapen or materially affected by secondary rootlets;

    • (c) be trimmed so that the length of the tops of 75 per cent by weight of the carrots in a lot does not exceed 13 mm (1/2 inch) and the length of the tops of the other carrots does not exceed 25 mm (1 inch);

    • (d) meet the following requirements in respect of diameter, namely,

      • (i) have a minimum diameter of 25 mm (1 inch) and a maximum diameter of 44 mm (1 3/4 inches),

      • (ii) have a minimum diameter of 19 mm (3/4 inch) and

        • (A) conform to the diameter size range marked on the container or on a label attached thereto,

        • (B) be packed in a transparent container, or

        • (C) be in a bulk display in a retail store, or

      • (iii) have a minimum diameter of 38 mm (1 1/2 inches) or greater and be packed in a container on which is marked or marked on a label attached thereto the size designation “38 mm and up” (1 1/2 inches and up), or the greater minimum size designation that may be applicable;

    • (e) be free from crown damage caused by mechanical injury that

      • (i) exceeds 13 mm (1/2 inch) in depth,

      • (ii) has become noticeably discoloured, or

      • (iii) affects an aggregate area exceeding two-thirds the diameter of the carrot;

    • (f) be free from broken carrots

      • (i) that do not conform to the general shape of a carrot,

      • (ii) that,

        • (A) in the case of cylindrical types of carrots, are less than 152 mm (6 inches) in length, and

        • (B) in the case of other types of carrots, are less than 152 mm (6 inches) in length and have a tip diameter greater than one-half the diameter of the carrot, or

      • (iii) that have a rough or jagged cut or break;

    • (g) be free from fresh cracks that

      • (i) are not clean,

      • (ii) are more than 3 mm (1/8 inch) in width,

      • (iii) are more than 6 mm (1/4 inch) in depth, or

      • (iv) exceed one-third of the length of the carrot;

    • (h) be free from sunburn that

      • (i) extends more than 13 mm (1/2 inch) below the outer edge of the crown, or

      • (ii) affects more than 10 per cent by weight of the carrots in a lot, with the exception of sunburn affecting only the crown and not extending below the outer edge of the crown; and

    • (i) be free from any other damage or defect or combination thereof that

      • (i) materially affects the appearance, edibility or shipping quality of the carrots, or

      • (ii) cannot be removed without a loss of more than five per cent of the total weight of a carrot.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 33 In addition to meeting the standards for all grades set out in section 31, carrots graded Canada No. 2 shall

    • (a) not be so deformed that the appearance of the carrots is seriously affected;

    • (b) be trimmed so that the tops do not exceed 25 mm (1 inch) in length;

    • (c) have a minimum diameter of 19 mm (3/4 inch);

    • (d) be free from sunburn that extends more than 25 mm (1 inch) below the outer edge of the crown; and

    • (e) be free from any other damage or defect or combination thereof that

      • (i) seriously affects the appearance, edibility or shipping quality of the carrots, or

      • (ii) cannot be removed without the loss of more than 10 per cent of the total weight of a carrot.

    • SOR/94-718, s. 9.

General Tolerances at the Time of Shipping or Repacking

  • 34 In the grading of carrots, the standards set out in sections 31 to 33, as applicable, are considered to be met in the case of a lot of carrots inspected at the time of shipping or repacking if up to 10% by weight of the carrots in the lot have defects, including not more than

    • (a) four per cent that have less than the minimum diameter or length;

    • (b) eight per cent that exceed the maximum diameter;

    • (c) five per cent that have the same defect other than a defect referred to in paragraphs (a) or (b); and

    • (d) two per cent that are affected by decay.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 20.

General Tolerances at a Time Other Than at the Time of Shipping or Repacking

  • 35 In the grading of carrots, the standards set out in sections 31 to 33, as applicable, are considered to be met in the case of a lot of carrots inspected at a time other than the time of shipping or repacking if up to 15% by weight of the carrots in the lot have defects, including not more than

    • (a) four per cent that have less than the minimum diameter or length;

    • (b) eight per cent that exceed the maximum diameter;

    • (c) five per cent that have the same permanent defect other than a defect referred to in paragraphs (a) or (b);

    • (d) 10 per cent that have permanent defects, including those defects referred to in paragraphs (a) to (c);

    • (e) 10% that have the same condition defect other than decay; and

    • (f) 4% that are affected by decay.

    • SOR/81-186, s. 19;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 21.

Grades and Standards for Cauliflower

Application

  • 36 The grades and standards set out in sections 37 to 40 apply to cauliflower of varieties grown from Brassica oleracea var. botrytis.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 37 The grades and grade names for cauliflower are Canada No. 1 and Canada No. 2.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Standards for All Grades

  • 38 In addition to the standards for each grade and subject to the general tolerances set out in section 41, cauliflower of all grades shall

    • (a) be properly packed;

    • (b) have no heads of abnormal colour; and

    • (c) be free from decay.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 39 In addition to meeting the standards for all grades set out in section 38, cauliflower graded Canada No. 1 shall

    • (a) have compact heads;

    • (b) have superfluous leaves removed but the heads, unless individually wrapped, shall be protected by a ring of wrapper leaves;

    • (c) have wrapper leaves that are fresh and green and not damaged or unsightly;

    • (d) have no overmature heads that are loose, open or turning yellow;

    • (e) have no heads with a loose or granular appearance commonly known as “riciness”;

    • (f) be free from enlarged bracts having grown up through and extended beyond the curd and materially affecting the appearance of the head;

    • (g) be free from stems of the individual flower buds that have begun to elongate causing the surface of the head to have a fuzzy appearance;

    • (h) have a minimum diameter of 102 mm (4 inches);

    • (i) where packed in a container, not vary by more than 51 mm (2 inches) in diameter; and

    • (j) be free from any other damage or defect or combination thereof that

      • (i) materially affects the appearance, edibility or shipping quality of the cauliflower, or

      • (ii) seriously affects the wrapper leaves.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 40 In addition to meeting the standards for all grades set out in section 38, cauliflower graded Canada No. 2 shall

    • (a) have fairly compact heads; and

    • (b) be free from any damage or defect or combination thereof that

      • (i) seriously affects the appearance, edibility or shipping quality of the cauliflower, or

      • (ii) cannot be removed without altering the shape of a head.

    • SOR/94-718, s. 9.

General Tolerances

    • 41 (1) In the grading of cauliflower, the standards set out in sections 39 and 40, as applicable, are considered to be met where

      • (a) up to 10 per cent by count of the cauliflower in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) two per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay;

      • (b) up to 10 per cent by count of the cauliflower in a lot inspected at a time other than at the time of shipping or repacking have defects, including not more than five per cent that have the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), in the case of cauliflower graded Canada No. 1, up to

        • (i) five per cent by count of the cauliflower in the lot have less than the minimum diameter set out in paragraph 39(h), and

        • (ii) 10 per cent of the containers contain fewer or more heads than the number marked thereon or contain heads that exceed the maximum diameter variation set out in paragraph 39(i).

    • (2) Condition defects shall apply against the grade of a lot of cauliflower only when the lot is inspected at the time of shipping or repacking.

    • SOR/81-186, s. 20(F);
    • SOR/86-782, s. 5;
    • SOR/88-90, s. 1;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Grades and Standards for Celery

Application

  • 42 The grades and standards set out in sections 43 to 47 apply to celery varieties grown from Apium graveolens var. dulce.

    • SOR/80-204, s. 10;
    • SOR/86-782, s. 6;
    • SOR/94-718, s. 9.

Grades and Grade Names

  • 43 The grades and grade names for celery are Canada No. 1, Canada No. 1 Heart and Canada No. 2.

    • SOR/86-782, s. 7;
    • SOR/94-718, s. 9.

Standards for All Grades

    • 44 (1) In addition to meeting the standards for each grade and subject to the general tolerances set out in section 48, celery of all grades shall

      • (a) be properly packed;

      • (b) have no stalks that plainly show the formation of any seed stems; and

      • (c) be free from heart rot and other decay.

    • (2) For the purposes of sections 45 to 47,

      • (a) the length of a stalk of celery is the distance from the point where the main root is cut off to a point that represents the average extremity of the outer whorl of branches;

      • (b) the average midrib length is the average length of all the branches in the outer whorl measured from the point of attachment at the base to the first node; and

      • (c) the diameter of a stalk of celery is the diameter as measured from a point that is 51 mm (2 inches) above the point where the lowest branch is attached to the base.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 45 In addition to meeting the standards for all grades set out in section 44, celery graded Canada No. 1 shall

    • (a) be fresh;

    • (b) have stalks that have inner heart branches of a number, length and stockiness characteristic of the variety when mature;

    • (c) be trimmed so that any outside coarse or damaged branches are removed and the portion of the main root that remains is not more than 76 mm (3 inches) in length;

    • (d) have stalks of a minimum length of 305 mm (12 inches), a minimum average midrib length of 179 mm (7 inches) and a minimum diameter of 63 mm (2 1/2 inches), where there are more than 24 stalks per container, and a minimum diameter of 76 mm (3 inches), where there are 24 or fewer stalks per container;

    • (e) where packed in a container, have stalks that do not vary by more than 38 mm (1 1/2 inches) in diameter or by more than 51 mm (2 inches) in length;

    • (f) be free from insect or mollusk damage that affects

      • (i) the inner branches, or

      • (ii) an aggregate area exceeding 645 mm2 (1 square inch) per stalk on the outer branches;

    • (g) be free from pithiness affecting more than two branches of any one stalk; and

    • (h) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the celery.

    • SOR/94-718, s. 9.

Canada No. 1 Heart Grade Standards

  • 46 In addition to meeting the standards for all grades set out in section 44, celery graded Canada No. 1 Heart shall meet the standards of Canada No. 1 grade with the exception of those for uniformity of size, minimum diameter and minimum stalk length set out in paragraphs 45(d) and (e).

    • SOR/79-144, s. 18;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 47 In addition to meeting the standards for all grades set out in section 44, celery graded Canada No. 2 shall

    • (a) have stalks of a minimum diameter of 63 mm (2 1/2 inches); and

    • (b) be free from any damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the celery.

    • SOR/94-718, s. 9.

General Tolerances

    • 48 (1) In the grading of celery, the standards set out in sections 45 to 47, as applicable, are considered to be met where

      • (a) up to 10 per cent by count of the stalks of celery in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) two per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay;

      • (b) up to 10 per cent by count of the stalks of celery in a lot inspected at a time other than at the time of shipping or repacking have defects, including not more than five per cent that have the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to

        • (i) five per cent by count of the celery in the lot have less than the minimum diameter or are shorter than the minimum length, and

        • (ii) 10 per cent of the containers in the lot have more than five per cent more stalks or five per cent fewer stalks than the number marked thereon or contain stalks that exceed the maximum diameter or length variation.

    • (2) Condition defects shall apply against the grade of a lot of celery only when the lot is inspected at the time of shipping or repacking.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Grades and Standards for Sweet Corn

Application

  • 49 The grade and the standards set out in sections 50 and 51 apply to sweet corn varieties grown from Zea mays var. rugosa.

    • SOR/94-718, s. 9.

Grade and Grade Name

  • 50 The grade and grade name for sweet corn is Canada No. 1.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Standards

    • 51 (1) Subject to the general tolerances set out in section 52, sweet corn graded Canada No. 1 shall

      • (a) be properly packed;

      • (b) have similar varietal characteristics;

      • (c) be well covered with fresh, unbroken green husks or, if the husks have been removed, be protected by transparent wrappers;

      • (d) have no ears that are misshapen or stunted in growth;

      • (e) have ears with kernels that are tender, plump and milky;

      • (f) have ears on which

        • (i) the rows of kernels are of fairly uniform development,

        • (ii) the undeveloped ends do not exceed one-quarter of the length of the ear, and

        • (iii) the appearance and quality of the edible portion are not affected by poorly developed rows;

      • (g) have, when measured lengthwise,

        • (i) a minimum of 102 mm (4 inches) of edible kernels of corn on each ear, or

        • (ii) a minimum of 102 mm (4 inches) and a maximum of 152 mm (6 inches) of edible kernels of corn on each ear and shall have marked on the container or on a label attached thereto the size designation “Small”;

      • (h) be free from decay; and

      • (i) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the sweet corn.

    • (2) Subject to paragraph (1)(g), ears of sweet corn graded Canada No. 1 may be trimmed at the tassel end if the trimming does not remove all evidence of tapering of the ear.

    • SOR/94-718, s. 9.

General Tolerances

    • 52 (1) In the grading of sweet corn, the standards set out in section 51 are considered to be met where

      • (a) up to 10 per cent by count of the ears in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) one per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay;

      • (b) up to 10 per cent by count of the ears in a lot inspected at a time other than at the time of shipping or repacking have defects, including not more than five per cent that have the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to

        • (i) 15 per cent by count of the ears in the lot exceed the maximum length set out in subparagraph 51(1)(g)(ii),

        • (ii) five per cent by count of the ears in the lot are shorter than the minimum length set out in paragraph 51(1)(g),

        • (iii) 10 per cent of the containers in the lot that contain less than 36 ears have 1 ear more or less than the number of ears marked thereon, and

        • (iv) 10 per cent of the containers in the lot that contain 36 ears or more have 2 ears more or less than the number of ears marked thereon.

    • (2) Condition defects shall apply against the grade of a lot of sweet corn only when the lot is inspected at the time of shipping or repacking.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Grades and Standards for Field Cucumbers

Application

    • 53 (1) Subject to subsection (2), the grades and standards set out in sections 54 to 57 apply to cucumber varieties grown from Cucumis sativus that are not grown in artificial conditions under glass or other protective covering, except for their initial stages of growth.

    • (2) The grades and standards referred to in subsection (1) do not apply to cucumbers for processing.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 54 The grades and grade names for field cucumbers are Canada No. 1 and Canada No. 2.

    • SOR/83-703, s. 6;
    • SOR/94-718, s. 9.

Standards for All Grades

  • 55 In addition to the standards for each grade and subject to the general tolerances set out in section 58, field cucumbers of all grades shall

    • (a) be properly packed;

    • (b) be fresh, sound and firm; and

    • (c) be free from sunscald.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 56 In addition to meeting the standards for all grades set out in section 55, field cucumbers graded Canada No. 1 shall

    • (a) have a good characteristic green colour over at least 85 per cent of the surface area of each cucumber;

    • (b) be practically straight, not more than very slightly constricted and not more than moderately tapered or pointed;

    • (c) have a maximum diameter of 70 mm (2 3/4 inches) and a minimum length of 152 mm (6 inches);

    • (d) where packed in a container, with the exception of one cucumber, not vary by more than 19 mm (3/4 inches) in diameter or 51 mm (2 inches) in length;

    • (e) be free from scars affecting more than five per cent of the surface area of a cucumber; and

    • (f) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the cucumbers.

    • SOR/80-204, s. 11;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 57 In addition to meeting the standards for all grades set out in section 55, field cucumbers graded Canada No. 2 shall

    • (a) have a good characteristic green colour over at least 75 per cent of the surface area of each cucumber;

    • (b) be not more than moderately curved, not severely constricted, and not extremely tapered or pointed or otherwise misshapen;

    • (c) have a minimum length of 102 mm (4 inches);

    • (d) be free from scars affecting more than 10 per cent of the surface area of a cucumber; and

    • (e) be free from any other damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the cucumbers.

    • SOR/94-718, s. 9.

General Tolerances

    • 58 (1) In the grading of field cucumbers, the standards set out in sections 56 and 57, as applicable, are considered to be met where

      • (a) up to 10 per cent by count of the cucumbers in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) one per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay;

      • (b) up to 10 per cent by count of the cucumbers in a lot inspected at a time other than at the time of shipping or repacking have defects, including not more than five per cent that have the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to

        • (i) five per cent by count of the cucumbers in the lot exceed the maximum diameter or are shorter than the minimum length, and

        • (ii) 10 per cent of the containers contain cucumbers that exceed the maximum diameter or length variation.

    • (2) Condition defects shall apply against the grade of a lot of field cucumbers only when the lot is inspected at the time of shipping or repacking.

    • SOR/80-204, s. 12;
    • SOR/94-718, s. 9.

Grades and Standards for Greenhouse Cucumbers

Application

    • 59 (1) Subject to subsection (2), the grades and standards set out in sections 60 to 63 apply to cucumber varieties grown from Cucumis sativus in artificial conditions under glass or other protective covering.

    • (2) The grades and standards referred to in subsection (1) do not apply to cucumbers for processing.

    • SOR/80-204, s. 13;
    • SOR/81-186, s. 21(F);
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Grades and Grade Names

  • 60 The grades and grade names for greenhouse cucumbers are Canada No. 1 and Canada No. 2.

    • SOR/91-529, s. 1;
    • SOR/94-718, s. 9.

Standards for All Grades

  • 61 In addition to the standards for each grade and subject to the general tolerances set out in section 64, greenhouse cucumbers of all grades shall

    • (a) be properly packed;

    • (b) have similar varietal characteristics; and

    • (c) be fresh, sound and firm.

    • SOR/81-186, s. 22(E);
    • SOR/86-688, s. 4;
    • SOR/86-864, s. 24;
    • SOR/90-243, s. 13;
    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

    • 62 (1) In addition to meeting the standards for all grades set out in section 61, greenhouse cucumbers graded Canada No. 1 shall

      • (a) have a good characteristic green colour over at least 85 per cent of the surface area of each cucumber;

      • (b) subject to paragraph (c), be fairly straight and not more than slightly tapered at either end;

      • (c) in the case of long seedless cucumbers, have the height of the inner arc of curvature not exceed the diameter of the cucumber when measured from a flat surface;

      • (d) in the case of long seedless cucumbers, have a minimum diameter of 41 mm (1 5/8 inches);

      • (e) have a minimum length

        • (i) of 280 mm (11 inches), in the case of long seedless cucumbers, and

        • (ii) of 152 mm (6 inches), in the case of other types of cucumbers;

      • (f) where packed in a container, with the exception of one cucumber, not vary by more than

        • (i) 13 mm (1/2 inch) in diameter or, subject to paragraph (g), 63 mm (2 1/2 inches) in length, in the case of long seedless cucumbers, and

        • (ii) 13 mm (1/2 inch) in diameter or 38 mm (1 1/2 inches) in length, in the case of other types of cucumbers;

      • (g) where long seedless cucumbers are packed and sold one dozen per container, be labelled in addition to the grade with the size designation

        • (i) “Small”, where they have a minimum length of 280 mm (11 inches) and a maximum length of 317 mm (12 1/2 inches),

        • (ii) “Medium”, where they have a minimum length greater than 317 mm (12 1/2 inches) and a maximum length of 368 mm (14 1/2 inches),

        • (iii) “Large”, where they have a minimum length greater than 368 mm (14 1/2 inches) and a maximum length of 419 mm (16 1/2 inches), and

        • (iv) “Extra Large”, where they have a minimum length greater than 419 mm (16 1/2 inches); and

      • (h) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the cucumbers.

    • (2) For the purposes of paragraphs (1)(c) and (d) and subparagraph (1)(f)(i), diameter means the diameter as measured from a point that is 127 mm (5 inches) from the stem end of a cucumber.

    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

    • 63 (1) In addition to meeting the standards for all grades set out in section 61, greenhouse cucumbers graded Canada No. 2 shall

      • (a) have a good characteristic green colour over at least 75 per cent of the surface of each cucumber;

      • (b) subject to paragraph (c), be not materially curved, constricted, pointed or otherwise misshapen;

      • (c) in the case of long seedless cucumbers, have the height of the inner arc of curvature not exceed 76 mm (3 inches) when measured from a flat surface;

      • (d) have

        • (i) in the case of long seedless cucumbers, a minimum length of 254 mm (10 inches) and a minimum diameter of 38 mm (1 1/2 inches), and

        • (ii) in the case of other types of cucumbers, a minimum length of 114 mm (4 1/2 inches); and

      • (e) be free from any other damage or defect that seriously affects the appearance, edibility or shipping quality of the cucumbers.

    • (2) For the purposes of subparagraph (1)(d)(i), diameter means the diameter as measured from a point that is one-half the length of the cucumber from the stem end.

    • SOR/94-718, s. 9.

General Tolerances

    • 64 (1) In the grading of greenhouse cucumbers, the standards set out in sections 62 and 63, as applicable, are considered to be met where

      • (a) up to five per cent by count of the greenhouse cucumbers in a lot inspected at the time of shipping or repacking have defects, including not more than one per cent that are affected by decay;

      • (b) up to five per cent by count of the greenhouse cucumbers in a lot inspected at a time other than at the time of shipping or repacking have permanent defects; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to

        • (i) five per cent by count of the cucumbers in the lot have less than the minimum diameter or are shorter than the minimum length,

        • (ii) in the case of a lot of greenhouse cucumbers graded Canada No. 1, five per cent by count of the cucumbers in the lot exceed the maximum length, and

        • (iii) 10 per cent of the containers in the lot contain a greater or lesser number of cucumbers than the number marked thereon or contain cucumbers that exceed the maximum diameter or length variation.

    • (2) Condition defects shall apply against the grade of a lot of greenhouse cucumbers only when the lot is inspected at the time of shipping or repacking.

    • SOR/79-144, s. 19;
    • SOR/82-1048, s. 18(F);
    • SOR/86-688, s. 5;
    • SOR/94-718, s. 9.

Grades and Standards for Head Lettuce

Application

  • 65 The grades and standards set out in sections 66 to 69 apply to lettuce varieties grown from Lactuca sativa var. capitata, Iceberg type.

    • SOR/86-688, s. 6;
    • SOR/86-782, s. 8(F);
    • SOR/94-718, s. 9.

Grades and Grade Names

  • 66 The grades and grade names for head lettuce are Canada No. 1 and Canada No. 2.

    • SOR/90-243, s. 14;
    • SOR/91-529, s. 3;
    • SOR/94-718, s. 9.

Standards for All Grades

  • 67 In addition to the standards for each grade and subject to the general tolerances set out in section 70, head lettuce of all grades shall

    • (a) be properly packed;

    • (b) have similar varietal characteristics;

    • (c) be trimmed so that the butt is cut off close to the point of attachment of the wrapper leaves;

    • (d) not have more than eight wrapper leaves;

    • (e) have head leaves that are crisp and wrapper leaves that are not more than slightly wilted;

    • (f) be free from decay, tipburn and brown blight;

    • (g) have heads that are not split or burst;

    • (h) have no heads the shape of which clearly indicates more than one centre of growth; and

    • (i) have no heads that plainly show the formation of a seed stem.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 68 In addition to meeting the standards for all grades set out in section 67, head lettuce graded Canada No. 1 shall

    • (a) have any coarse, damaged or otherwise objectionable wrapper leaves removed;

    • (b) have heads that are compact and yield only slightly to pressure;

    • (c) where packed in a container, not vary by more than 51 mm (2 inches) in diameter; and

    • (d) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the lettuce.

    • SOR/82-1048, s. 19;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 69 In addition to meeting the standards for all grades set out in section 67, head lettuce graded Canada No. 2 shall

    • (a) have any coarse leaves removed;

    • (b) have heads that show characteristic formation for the type; and

    • (c) be free from any damage or defect or combination thereof that

      • (i) seriously affects the appearance, edibility or shipping quality of the lettuce, or

      • (ii) cannot be removed without a loss of some of the compact portion of the head.

    • SOR/94-718, s. 9.

General Tolerances

    • 70 (1) In the grading of head lettuce, the standards set out in sections 68 and 69, as applicable, are considered to be met where

      • (a) up to 10 per cent by count of the heads of lettuce in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) two per cent that are affected by decay in the compact portion, and

        • (ii) three per cent of the heads, including those referred to in subparagraph (i), that are affected by decay; and

      • (b) up to 10 per cent by count of the heads of lettuce in a lot inspected at a time other than at the time of shipping or repacking have permanent defects; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to 10 per cent of the containers in the lot contain a greater or lesser number of heads than the number marked thereon or contain heads that exceed the maximum diameter variation set out in paragraph 68(c).

    • (2) Condition defects shall apply against the grade of a lot of head lettuce only when the lot is inspected at the time of shipping or repacking.

    • SOR/94-718, s. 9.

Grades and Standards for Onions

Application

    • 71 (1) The grades and standards set out in sections 72 to 76 apply to onion varieties grown from Allium cepa, green onions and onions with tops being excluded.

    • (2) In sections 74, 75, 77 and 78, ovoid specimen means an onion the length of which is more than one and a half times the diameter.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 72 The grades and grade names for onions are Canada No. 1, Canada No. 1 Pickling and Canada No. 2.

    • SOR/79-144, s. 20;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Standards for All Grades

  • 73 In addition to the standards for each grade and subject to the general tolerances set out in sections 77 and 78, onions of all grades shall

    • (a) be properly packed;

    • (b) have similar varietal characteristics; and

    • (c) be free from thick necks, seed stems and decay.

    • SOR/79-144, s. 21;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 74 In addition to meeting the standards for all grades set out in section 73, onions graded Canada No. 1 shall

    • (a) meet the following requirements in respect of firmness, namely,

      • (i) before September 16 in the year in which they were harvested, yield only slightly to moderate pressure, and

      • (ii) after September 15 in the year in which they were harvested, be firm;

    • (b) meet the following requirements in respect of curing, namely,

      • (i) before September 16 in the year in which they were harvested, be cured so that the neck is moderately dry, and

      • (ii) after September 15 in the year in which they were harvested, be cured so that the neck is well dried;

    • (c) meet the following requirements in respect of diameter, namely,

      • (i) have a minimum diameter of 44 mm (1 3/4 inches) and a maximum diameter of 76 mm (3 inches),

      • (ii) have a minimum diameter of 44 mm (1 3/4 inches) and

        • (A) conform to the diameter size range marked on the container or on a label attached thereto,

        • (B) be packed in a transparent container, or

        • (C) be in a bulk display in a retail store,

      • (iii) have a minimum diameter of 63 mm (2 1/2 inches) or greater and be packed in a container on which is marked or marked on a label attached thereto the size designation “63 mm and up” (2 1/2 inches and up), or the greater minimum size designation that may be applicable,

      • (iv) have a minimum diameter of 32 mm (1 1/4 inches) and a maximum diameter of 44 mm (1 3/4 inches) and be packed in a container on which is marked or marked on a label attached thereto the size designation “Small”, or

      • (v) have a minimum diameter of 76 mm (3 inches) and be packed in a container on which is marked or marked on a label attached thereto the size designation “Jumbo”;

    • (d) be free from ovoid specimens;

    • (e) be not of a shape that clearly indicates more than one centre of growth;

    • (f) be free from root growth and sprouts;

    • (g) be free from peeling that results in more than 25 per cent by weight of the onions in a lot having more than 15 per cent of the flesh exposed;

    • (h) be free from staining that results in more than 10 per cent by weight of the onions in a lot having more than 25 per cent of the surface area stained; and

    • (i) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the onions.

    • SOR/94-718, s. 9.

Canada No. 1 Pickling Grade Standards

  • 75 In addition to meeting the standards for all grades set out in section 73, onions graded Canada No. 1 Pickling shall

    • (a) yield only slightly to moderate pressure;

    • (b) be cured so that the neck of each onion is moderately dried;

    • (c) meet the following requirements in respect of diameter, namely,

      • (i) have a minimum diameter of 13 mm (1/2 inch) and a maximum diameter of 25 mm (1 inch), or

      • (ii) have a minimum diameter of 13 mm (1/2 inch) and a maximum diameter of 38 mm (1 1/2 inches) and be packed in a container on which is marked the size designation “13 mm to 38 mm” (1/2 inch to 1 1/2 inches);

    • (d) be free from ovoid specimens;

    • (e) be not of a shape that clearly indicates more than one centre of growth;

    • (f) be free from root growth and sprouts; and

    • (g) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the onions.

    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 76 In addition to meeting the standards for all grades set out in section 73, onions graded Canada No. 2 shall

    • (a) yield only slightly to moderate pressure;

    • (b) be cured so that the neck of each onion is moderately dried;

    • (c) have a minimum diameter of 44 mm (1 3/4 inches);

    • (d) not have outer skins broken so as to expose two or more centres of growth; and

    • (e) be free from any other damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the onions.

    • SOR/84-887, s. 4;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Tolerances at the Time of Shipping or Repacking

  • 77 In the grading of onions, the standards set out in sections 73 to 76, as applicable, are considered to be met in the case of a lot of onions inspected at the time of shipping or repacking if up to

    • (a) five per cent by weight of the onions in the lot have less than the minimum diameter;

    • (b) five per cent by weight of the onions in the lot exceed the maximum diameter;

    • (c) 15 per cent by weight of the onions in the lot, in the case of onions graded Canada No. 1, having the size designation “Small” and grown from sets, exceed the maximum diameter during the months of July and August;

    • (d) 10 per cent by weight of the onions in the lot, in the case of onions graded Canada No. 1 Pickling, are ovoid specimens; and

    • (e) 5% by weight of the onions in the lot have defects other than those referred to in paragraphs (a) to (d), including not more than 2% that are affected by decay.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 22.

General Tolerances at a Time Other Than at the Time of Shipping or Repacking

  • 78 In the grading of onions, the standards set out in sections 73 to 76, as applicable, are considered to be met in the case of a lot of onions inspected at a time other than the time of shipping or repacking if up to

    • (a) five per cent by weight of the onions in the lot have less than the minimum diameter;

    • (b) five per cent by weight of the onions in the lot exceed the maximum diameter;

    • (c) 15 per cent by weight of the onions in the lot, in the case of onions graded Canada No. 1, having the size designation “Small” and grown from sets, exceed the maximum diameter during the months of July and August;

    • (d) 10 per cent by weight of the onions in the lot, in the case of onions graded Canada No. 1 Pickling, are ovoid specimens; and

    • (e) 10% by weight of the onions in the lot have defects other than those referred to in paragraphs (a) to (d), including not more than

      • (i) 5% that are affected by other permanent defects, and

      • (ii) 4% that are affected by decay.

    • (f) [Repealed, SOR/2003-6, s. 23]

    • SOR/79-144, s. 22;
    • SOR/88-193, s. 9;
    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 23.

Grades and Standards for Parsnips

Application

  • 79 The grades and standards set out in sections 80 to 83 apply to parsnip varieties grown from Pastinaca sativa, parsnips with tops being excluded.

    • SOR/84-887, s. 5;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Grades and Grade Names

  • 80 The grades and grade names for parsnips are Canada No. 1 and Canada No. 2.

    • SOR/84-887, s. 6;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Standards for All Grades

  • 81 In addition to the standards for each grade and subject to the general tolerances set out in sections 84 and 85, parsnips of all grades shall

    • (a) be properly packed;

    • (b) have similar varietal characteristics;

    • (c) be not trimmed into the crown;

    • (d) be firm but not woody in texture; and

    • (e) be free from decay.

    • SOR/79-144, s. 24;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 82 In addition to meeting the standards for all grades set out in section 81, parsnips graded Canada No. 1 shall

    • (a) be reasonably clean and fairly smooth;

    • (b) be not turnip-shaped or so forked or misshapen as to materially affect the appearance of the parsnips;

    • (c) be free from secondary rootlets that materially affect the appearance of the parsnips;

    • (d) be trimmed so that the length of the tops of 75 per cent by weight of the parsnips in a lot does not exceed 13 mm (1/2 inch) and the length of the tops of the other parsnips does not exceed 25 mm (1 inch);

    • (e) meet the following requirements in respect of diameter, namely,

      • (i) have a minimum diameter of 25 mm (1 inch) and a maximum diameter of 76 mm (3 inches),

      • (ii) have a minimum diameter of 25 mm (1 inch) and

        • (A) conform to the diameter size range marked on the container or on a label attached thereto,

        • (B) be packed in a transparent container, or

        • (C) be in a bulk display in a retail store, or

      • (iii) have a minimum diameter of 44 mm (1 3/4 inches) or greater and be packed in a container on which is marked or marked on a label attached thereto the size designation “44 mm and up” (1 3/4 inches and up), or the greater minimum size designation that may be applicable;

    • (f) where packed as prepackaged products, not vary by more than 38 mm (1 1/2 inches) in diameter;

    • (g) have a minimum length of 127 mm (5 inches); and

    • (h) be free from any other damage or defect or combination thereof that

      • (i) materially affects the appearance, edibility or shipping quality of the parsnips, or

      • (ii) cannot be removed without a loss of more than five per cent of the weight of a parsnip.

    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 83 In addition to meeting the standards for all grades set out in section 81, parsnips graded Canada No. 2 shall

    • (a) be not so badly forked or misshapen that the appearance of the parsnips is seriously affected;

    • (b) be trimmed so that the tops do not exceed 25 mm (1 inch) in length;

    • (c) have a minimum diameter of 25 mm (1 inch) and a minimum length of 102 mm (4 inches); and

    • (d) be free from any other damage or defect or combination thereof that

      • (i) seriously affects the appearance, edibility or shipping quality of the parsnips, or

      • (ii) cannot be removed without a loss of more than 10 per cent of the weight of a parsnip.

    • SOR/94-718, s. 9.

General Tolerances at the Time of Shipping or Repacking

  • 84 In the grading of parsnips, the standards set out in sections 81 to 83, as applicable, are considered to be met in the case of a lot of parsnips inspected at the time of shipping or repacking if up to

    • (a) four per cent by weight of the parsnips in the lot have less than the minimum diameter or are shorter than the minimum length;

    • (b) eight per cent by weight of the parsnips in the lot exceed the maximum diameter or the maximum length;

    • (c) 10 per cent of the containers in a lot of prepackaged parsnips graded Canada No. 1 contain parsnips that exceed the maximum size variation set out in paragraph 82(f); and

    • (d) six per cent by weight of the parsnips in the lot have defects other than those referred to in paragraphs (a) to (c), including not more than two per cent that are affected by decay.

    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 24.

General Tolerances at a Time Other Than at the Time of Shipping or Repacking

  • 85 In the grading of parsnips, the standards set out in sections 81 to 83, as applicable, are considered to be met in the case of a lot of parsnips inspected at a time other than the time of shipping or repacking if up to

    • (a) four per cent by weight of the parsnips in the lot have less than the minimum diameter or are shorter than the minimum length;

    • (b) eight per cent by weight of the parsnips in the lot exceed the maximum diameter or the maximum length;

    • (c) 10 per cent of the containers in a lot of prepackaged parsnips graded Canada No. 1 contain parsnips that exceed the maximum size variation set out in paragraph 82(f); and

    • (d) 11% by weight of the parsnips in the lot have defects other than those referred to in paragraphs (a) to (c), including not more than

      • (i) 6% that are affected by other permanent defects, and

      • (ii) 4% that are affected by decay.

    • (e) [Repealed, SOR/2003-6, s. 25]

    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 25.

Grades and Standards for Potatoes

Application

  • 86 The grades and standards set out in sections 87 to 90 apply to potato varieties grown from Solanum tuberosum, potatoes for seed being excluded.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 87 The grades and grade names for potatoes are Canada No. 1 and Canada No. 2.

    • SOR/94-718, s. 9.

Standards for All Grades

  • 88 In addition to the standards for each grade and subject to the tolerances set out in sections 91 and 92, potatoes of all grades shall

    • (a) be properly packed;

    • (b) not be artificially coloured;

    • (c) have similar varietal characteristics;

    • (d) be free from sprouts that at a time other than at the time of shipping or repacking exceed 25 mm (1 inch) in length;

    • (e) be free from damage caused by freezing;

    • (f) be free from bacterial ring rot, black heart or other decay;

    • (g) be free from greening that

      • (i) affects more than 15 per cent of the surface area of a potato, or

      • (ii) penetrates the flesh of a potato to a depth that would not be removed by ordinary peeling;

    • (h) be free from hollow heart that

      • (i) in the case of a potato that has a diameter of 63 mm (2 1/2 inches) or a weight of 170 g (6 ounces), exceeds 13 mm (1/2 inch) in length or 6 mm (1/4 inch) in width, and

      • (ii) in the case of a potato that has a greater or lesser diameter or weight than that set out in subparagraph (i), exceeds a size that is proportional to the length and width, in relation to the size of the potato, set out in that subparagraph;

    • (i) be free from insects or worms within the flesh of a potato; and

    • (j) where the potatoes are packed in cartons, meet the following requirements in respect of diameter, weight or count, namely,

      • (i) where the cartons are labelled with

        • (A) a count designation, the potatoes shall have a minimum diameter as set out in paragraph 89(2)(f) or (g) or 90(2)(f), according to the variety and grade of the potatoes, or

        • (B) one of the size designations set out in column I of an item of the table to this section, the potatoes shall have the minimum weight and maximum weight set out in columns II and III respectively of that item,

      • (ii) not more than 10 per cent of the cartons shall contain up to five per cent fewer or more potatoes than the count designation shown on the label, and

      • (iii) where the potatoes are packed in cartons that are labelled with the designation “283 g minimum” or “10 oz minimum”, the potatoes shall have a minimum weight of 283 g (10 oz).

        TABLE

        ItemColumn IColumn IIColumn III
        Size DesignationMinimum WeightMaximum Weight
        1Under 50425 g (15 oz)
        250340 g (12 oz)539 g (19 oz)
        360283 g (10 oz)454 g (16 oz)
        470255 g (9 oz)425 g (15 oz)
        580227 g (8 oz)369 g (13 oz)
        690198 g (7 oz)340 g (12 oz)
        7100170 g (6 oz)283 g (10 oz)
        8110142 g (5 oz)255 g (9 oz)
        9120 and over113 g (4 oz)227 g (8 oz)
    •  SOR/94-718, s. 9.

Canada No. 1 Grade Standards

    • 89 (1) In this section, reasonably clean means

      • (a) the potatoes are reasonably free from dirt; and

      • (b) where the potatoes are in a container, there is not more than a slight amount of loose dirt or foreign material in the container.

    • (2) In addition to meeting the standards for all grades set out in section 88, potatoes graded Canada No. 1 shall

      • (a) be reasonably clean;

      • (b) be not materially pointed, materially dumb-bell shaped or otherwise materially deformed and shall not have had knobs removed;

      • (c) be free from sprouts that at the time of shipping or repacking exceed 6 mm (1/4 inch) in length;

      • (d) be not shrivelled or flabby;

      • (e) except in the case of new potatoes shipped before September 16 in the year in which they were grown, have skins that will not loosen readily during ordinary handling and have not more than 10 per cent of the surface flesh exposed;

      • (f) subject to paragraph (g), meet the following requirements in respect of diameter or weight, namely,

        • (i) where of a round variety, the potatoes shall

          • (A) have a minimum diameter of 57 mm (2 1/4 inches) and a maximum diameter of 89 mm (3 1/2 inches), or

          • (B) have a minimum weight of 142 g (5 ounces) and a maximum weight of 340 g (12 ounces),

        • (ii) where of a long variety, the potatoes shall

          • (A) have a minimum diameter of 51 mm (2 inches) or a minimum weight of 113 g (4 ounces) and a maximum diameter of 89 mm (3 1/2 inches) or a maximum weight of 340 g (12 ounces), except that potatoes 89 mm (3 1/2 inches) or more in length may have a minimum diameter of 44 mm (1 3/4 inches) and, in either case, at least 60 per cent by weight of the potatoes in the lot shall have a diameter of at least 57 mm (2 1/4 inches) or a weight of at least 142 g (5 ounces), and

          • (B) have a minimum diameter of 48 mm (1 7/8 inches) and a maximum diameter of 76 mm (3 inches), or a maximum weight of 283 g (10 ounces), and at least 75 per cent by weight of the potatoes in the lot shall have a diameter of at least 51 mm (2 inches) or a weight of at least 113 g (4 ounces), where potatoes labelled with the size designation “48 mm to 76 mm” (1 7/8 inches to 3 inches) are being shipped from one province to another, and

        • (iii) where the potatoes are

          • (A) of any variety and are labelled with the size designation “70 mm to 114 mm” (2 3/4 inches to 4 1/2 inches), or with the word “Chef”, have

            • (I) a minimum diameter of 70 mm (2 3/4 inches) and a maximum diameter of 114 mm (4 1/2 inches), or

            • (II) a minimum weight of 227 g (8 ounces) and a maximum weight of 510 g (18 ounces), and

          • (B) of any variety and are labelled with the size designation “76 mm to 114 mm” (3 inches to 4 1/2 inches) or with the word “Large”, have

            • (I) a minimum diameter of 76 mm (3 inches) and a maximum diameter of 114 mm (4 1/2 inches), or

            • (II) a minimum weight of 283 g (10 ounces) and a maximum weight of 510 g (18 ounces);

      • (g) in the case of new potatoes, meet the requirements in respect of diameter or weight that are set out in paragraph (f), except that new potatoes required by that paragraph to have a minimum diameter of 51 mm (2 inches) or a minimum weight of 113 g (4 ounces), or a minimum diameter of 57 mm (2 1/4 inches) or a minimum weight of 142 g (5 ounces), may have a minimum diameter of 48 mm (1 7/8 inches) where the new potatoes are

        • (i) of a round variety and are shipped before September 16 in the year in which they were grown, or

        • (ii) of a long variety and are shipped before July 1 in the year in which they were grown;

      • (h) be free from blight;

      • (i) be free from surface scab affecting more than five per cent of the surface area of a potato;

      • (j) be free from sunburn that

        • (i) affects more than five per cent of the surface area of a potato, or

        • (ii) penetrates the flesh of a potato to a depth of more than 6 mm (1/4 inch);

      • (k) be free from wireworm or grass root holes that

        • (i) exceed two per potato,

        • (ii) individually exceed 13 mm (1/2 inch) in depth or in the aggregate exceed 19 mm (3/4 inch) in depth, or

        • (iii) affect more than 10 per cent of the potatoes in a lot;

      • (l) be free from any of the following types of damage that materially affect the appearance of a potato, namely,

        • (i) enlarged lenticels,

        • (ii) russet scab,

        • (iii) rhizoctonia,

        • (iv) growth cracks, and

        • (v) external discolouration;

      • (m) be free from any of the following types of damage that cannot be removed without the loss of more than five per cent of the weight of a potato, namely,

        • (i) internal discolouration, and

        • (ii) ingrown sprouts;

      • (n) be free from any of the following types of damage that materially affect the appearance of a potato or cannot be removed without the loss of more than five per cent of the weight of a potato, namely,

      • (o) be free from hollow heart that is discoloured;

      • (p) be free from any damage or defect or combination thereof that materially affects the appearance of a potato, including healed-over flesh, rhizoctonia or silver scurf; and

      • (q) be free from any other damage or defect or combination thereof that

        • (i) affects the edibility or shipping quality of the potatoes, or

        • (ii) affects the flesh of a potato and cannot be removed without the loss of more than five per cent of the weight of the potato.

    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

    • 90 (1) In this section, slightly dirty means

      • (a) there is an appreciable amount of dirt adhering to the potatoes; and

      • (b) where the potatoes are in a container, there is not more than a moderate amount of loose dirt or foreign material in the container.

    • (2) In addition to meeting the standards for all grades set out in section 88, potatoes graded Canada No. 2 shall

      • (a) be not more than slightly dirty;

      • (b) be not seriously pointed, seriously dumb-bell shaped or otherwise seriously deformed;

      • (c) be free from sprouts that at the time of shipping or repacking exceed 13 mm (1/2 inch) in length;

      • (d) have not had their appearance materially affected by the removal of knobs or have had more than two knobs removed;

      • (e) be reasonably firm;

      • (f) have a minimum diameter of 44 mm (1 3/4 inches) and a maximum diameter of 114 mm (4 1/2 inches) or a maximum weight of 510 g (18 ounces) and not less than 75 per cent by weight of the potatoes in the lot shall have a diameter of at least 51 mm (2 inches) or a weight of at least 113 g (4 ounces);

      • (g) be free from blight that

        • (i) is not dry, or

        • (ii) is dry but cannot be removed without the loss of more than five per cent of the weight of a potato;

      • (h) be free from surface scab that affects more than 25 per cent of the surface area of a potato;

      • (i) be free from wireworm or grass root holes that affect the flesh of a potato and cannot be removed without the loss of more than five per cent of the weight of the potato;

      • (j) be free from any of the following types of damage that seriously affect the appearance of a potato, namely,

        • (i) enlarged lenticels,

        • (ii) russet scab,

        • (iii) rhizoctonia,

        • (iv) growth cracks, and

        • (v) external discolouration;

      • (k) be free from any of the following types of damage that cannot be removed without the loss of more than 10 per cent of the weight of a potato, namely,

        • (i) sunburn,

        • (ii) internal discolouration, and

        • (iii) ingrown sprouts;

      • (l) be free from any of the following types of damage that seriously affect the appearance of a potato or cannot be removed without the loss of more than 10 per cent of the weight of the potato, namely,

      • (m) be free from hollow heart that shows discolouration darker than a light tan colour; and

      • (n) be free from any other damage or defect or a combination thereof that

        • (i) seriously affects the appearance, edibility or shipping quality of the potatoes, or

        • (ii) affects the flesh of a potato and cannot be removed without the loss of more than 10 per cent of the weight of the potato.

    • SOR/94-718, s. 9.

General Tolerances at the Time of Shipping or Repacking

    • 91 (1) In the grading of potatoes into Canada No. 1 grade, the standards set out in sections 88 and 89, as applicable, are considered to be met in the case of a lot of potatoes inspected at the time of shipping or repacking if up to

      • (a) 10 per cent by weight of the potatoes in the lot are affected by sprouts;

      • (b) 10 per cent by weight of the potatoes in the lot have more than 10 per cent of the surface flesh exposed; and

      • (c) 10 per cent by weight of the potatoes in the lot have defects other than those referred to in paragraphs (a) and (b), including not more than

        • (i) five per cent that have less than the minimum diameter or weight set out in paragraphs 89(f) and (g),

        • (ii) five per cent which exceed the maximum diameter or weight set out in paragraphs 89(f) and (g),

        • (iii) three per cent of potatoes graded Canada No. 1, and five per cent of potatoes graded Canada No. 1 that are labelled with the diameter designation “70 mm to 114 mm” (2 3/4 inches to 4 1/2 inches) or with the word “Chef” or with the word “Large”, that are affected by hollow heart,

        • (iv) one per cent that are affected by decay, and

        • (v) five per cent that are affected by defects other than those referred to in subparagraphs (i) to (iii) but including that referred to in subparagraph (iv).

    • (2) In the grading of potatoes into Canada No. 2 grade, the standards set out in sections 88 and 90, as applicable, are considered to be met in the case of a lot of potatoes inspected at the time of shipping or repacking if up to

      • (a) 10 per cent by weight of the potatoes in the lot are affected by sprouts; and

      • (b) 15 per cent by weight of the potatoes in the lot have defects other than that referred to in paragraph (a), including not more than

        • (i) five per cent that have less than the minimum diameter or weight set out in paragraph 90(f),

        • (ii) five per cent that exceed the maximum diameter or weight set out in paragraph 90(f),

        • (iii) 10 per cent that are affected by hollow heart,

        • (iv) one per cent that are affected by decay, and

        • (v) five per cent that are affected by defects other than those referred to in subparagraphs (i) to (iii) but including that referred to in subparagraph (iv).

    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 26.

General Tolerances at a Time Other Than at the Time of Shipping or Repacking

    • 92 (1) In the grading of potatoes into Canada No. 1 grade, the standards set out in sections 88 and 89, as applicable, are considered to be met in the case of a lot of potatoes inspected at a time other than the time of shipping or repacking if up to

      • (a) 10 per cent by weight of the potatoes in the lot are affected by sprouts;

      • (b) 10 per cent by weight of the potatoes in the lot have more than 10 per cent of the surface flesh exposed; and

      • (c) 15 per cent by weight of the potatoes in the lot have defects other than those referred to in paragraphs (a) and (b), including not more than

        • (i) five per cent that have less than the minimum diameter or weight set out in paragraphs 89(f) and (g),

        • (ii) five per cent that exceed the maximum diameter or weight set out in paragraphs 89(f) and (g),

        • (iii) three per cent of potatoes graded Canada No. 1, and five per cent of potatoes graded Canada No. 1 that are labelled with the diameter designation “70 mm to 114 mm” (2 3/4 inches to 4 1/2 inches) or with the word “Chef” or with the word “Large”, that are affected by hollow heart, and

        • (iv) 10% that are affected by defects other than those referred to in subparagraphs (i) to (iii), including not more than

          • (A) 5% that are affected by other permanent defects, and

          • (B) 2% that are affected by decay.

        • (v) [Repealed, SOR/2003-6, s. 27]

    • (2) In the grading of potatoes into Canada No. 2 grade, the standards set out in sections 88 and 90, as applicable, are considered to be met in the case of a lot of potatoes inspected at the time of shipping or repacking if up to

      • (a) 10 per cent by weight of the potatoes in the lot are affected by sprouts;

      • (b) 20 per cent by weight of the potatoes in the lot have defects other than that referred to in paragraph (a), including not more than

        • (i) five per cent that have less than the minimum diameter or weight set out in paragraph 90(f),

        • (ii) five per cent that exceed the maximum diameter or weight set out in paragraph 90(f),

        • (iii) 10 per cent that are affected by hollow heart, and

        • (iv) 10% that are affected by defects other than those referred to in subparagraphs (i) to (iii), including not more than

          • (A) 5% that are affected by other permanent defects, and

          • (B) 2% that are affected by decay.

        • (v) [Repealed, SOR/2003-6, s. 27]

    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 27;
    • SOR/2006-221, s. 2(F).
  • 93 [Repealed, SOR/2003-6, s. 28]

Grades and Standards for Rutabagas

Application

  • 94 The grade and the standards set out in sections 95 and 96 apply to rutabaga varieties grown from Brassica napobrassica.

    • SOR/94-718, s. 9.

Grade and Grade Name

  • 95 The grade and grade name for rutabagas is Canada No. 1.

    • SOR/94-718, s. 9.

Standards

  • 96 Subject to the general tolerances set out in sections 97 and 98, rutabagas graded Canada No. 1 shall

    • (a) be properly packed;

    • (b) have similar varietal characteristics;

    • (c) be firm;

    • (d) be reasonably regular in contour;

    • (e) have a length not more than one and a half times the diameter;

    • (f) be trimmed so that

      • (i) the tops do not exceed 19 mm (3/4 inch) in length and all leafy growth has been removed, and

      • (ii) secondary roots, rootlets and any objectionable part of the root have been removed;

    • (g) be not trimmed

      • (i) on the upper half of the root, or

      • (ii) deeply into the flesh on the lower half of the root so as to alter the general shape of the root or to materially affect the appearance of a rutabaga;

    • (h) where packed in a container, meet the following requirements in respect of diameter, namely,

      • (i) a minimum and maximum diameter as marked on the container or on a label attached thereto,

      • (ii) a minimum diameter of 51 mm (2 inches) and a maximum diameter of 102 mm (4 inches), and have the word “Small” marked on the container or on a label attached thereto,

      • (iii) before September 1 in each crop year, a minimum diameter of 76 mm (3 inches) and a maximum diameter of 140 mm (5 1/2 inches) and, after August 31, a minimum diameter of 89 mm (3 1/2 inches) and a maximum diameter of 140 mm (5 1/2 inches), and have the words “Small Medium” marked on the container or on a label attached thereto,

      • (iv) a minimum diameter of 102 mm (4 inches) and a maximum diameter of 152 mm (6 inches), and have the word “Medium” marked on the container or on a label attached thereto, or

      • (v) a minimum diameter of 130 mm (5 inches) and a maximum diameter of 178 mm (7 inches), and have the word “Large” marked on the container or on a label attached thereto;

    • (i) where packed in a container, not vary by more than 51 mm (2 inches) in diameter, except in the case of “Small Medium” rutabagas packed before September 1 in each crop year;

    • (j) be free from decay;

    • (k) be free from insects and insect larvae;

    • (l) be free from growth cracks that

      • (i) are discoloured,

      • (ii) materially affect the appearance of a rutabaga, or

      • (iii) are greater in depth than

        • (A) 3 mm (1/8 inch), in the case of rutabagas having a diameter from 51 mm (2 inches) to 102 mm (4 inches),

        • (B) 6 mm (1/4 inch), in the case of rutabagas having a diameter greater than 102 mm (4 inches) but not greater than 152 mm (6 inches), or

        • (C) 10 mm (3/8 inch), in the case of rutabagas having a diameter greater than 152 mm (6 inches);

    • (m) be free from any damage or defect, other than the defect referred to in paragraph (l), that affects the appearance of the upper half of a rutabaga;

    • (n) be free from external damage that affects more than 25 per cent of the surface area of the lower half of a rutabaga; and

    • (o) be free from any other damage or defect or combination thereof that

      • (i) materially affects the appearance, edibility or shipping quality of the rutabagas; or

      • (ii) cannot be removed without the loss of more than five per cent of the weight of a rutabaga.

    • SOR/94-718, s. 9.

General Tolerances at the Time of Shipping or Repacking

  • 97 In the grading of rutabagas, the standards set out in section 96 are considered to be met where, in a lot of rutabagas inspected at the time of shipping or repacking, up to

    • (a) 10 per cent by count of the rutabagas in the lot have less than the minimum diameter and none of the rutabagas have a diameter that is more than 13 mm (1/2 inch) less than the minimum diameter as set out in paragraph 96(h);

    • (b) 10 per cent by count of the rutabagas in the lot exceed the maximum diameter and none of the rutabagas exceed the maximum diameter by more than 13 mm (1/2 inch) as set out in paragraph 96(h); and

    • (c) 10 per cent by count of the rutabagas in the lot have defects other than those referred to in paragraphs (a) and (b), including not more than five per cent that are affected by decay.

    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 29(E).

General Tolerances at a Time Other Than at the Time of Shipping or Repacking

  • 98 In the grading of rutabagas, the standards set out in section 96 are considered to be met where, in a lot of rutabagas inspected at a time other than at the time of shipping or repacking, up to

    • (a) 10 per cent by count of the rutabagas in the lot have less than the minimum diameter and none of the rutabagas have a diameter that is more than 13 mm (1/2 inch) less than the minimum diameter as set out in paragraph 96(h);

    • (b) 10 per cent by count of the rutabagas in the lot exceed the maximum diameter and none of the rutabagas exceed the maximum diameter by more than 13 mm (1/2 inch) as set out in paragraph 96(h); and

    • (c) 15% by count of the rutabagas in the lot have defects other than those referred to in paragraphs (a) and (b), including not more than

      • (i) 10% that are affected by other permanent defects, and

      • (ii) 7% that are affected by decay.

    • (d) [Repealed, SOR/2003-6, s. 30]

    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 30.

Grades and Standards for Field Tomatoes

Application

  • 99 The grades and standards set out in sections 100 to 103 apply to tomato varieties grown from Lycopersicum esculentum that are not grown in artificial conditions under glass or other protective covering, except during the initial stages of growth.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 100 The grades and grade names for field tomatoes are Canada No. 1 and Canada No. 2.

    • SOR/94-718, s. 9.

Standards for All Grades

    • 101 (1) In this section,

      firm-ripe

      firm-ripe means

      • (a) a tomato has at least 75 per cent of its surface area of a pink or red colour, and

      • (b) where tomatoes are packed in a container, that

        • (i) not less than 90 per cent by count of the tomatoes in a lot are firm-ripe, and

        • (ii) not more than 10 per cent by count of the tomatoes in a lot are semi-ripe; (fermes et mûres)

      mature

      mature means

      • (a) a tomato is fully developed, well filled out, gives a feeling of springiness and pliability when pressure is applied, is bright and waxy in appearance, has seeds that are well developed and seed cavities of a jelly-like consistency and has an external colour that shows at least a definite break from a green to a straw ground colour, and

      • (b) where tomatoes are packed in a container, that

        • (i) in the case of tomatoes grown in British Columbia or Manitoba,

          • (A) not less than 75 per cent by count of the tomatoes in a lot are mature, and

          • (B) not more than 25 per cent by count of the tomatoes in a lot are turning, and

        • (ii) in the case of tomatoes grown other than in British Columbia or Manitoba,

          • (A) not less than 90 per cent by count of the tomatoes in a lot are mature, and

          • (B) not more than 10 per cent by count of the tomatoes in a lot are turning; (parvenues à maturité)

      semi-ripe

      semi-ripe means

      • (a) a tomato has not less than 25 per cent and not more than 75 per cent of its surface area of a pink or red colour, and

      • (b) where tomatoes are packed in a container, that

        • (i) not less than 90 per cent by count of the tomatoes in a lot are semi-ripe, and

        • (ii) not more than 10 per cent by count of the tomatoes in a lot are firm-ripe or turning; (demi-mûres)

      turning

      turning means

      • (a) a tomato has not more than 25 per cent of its surface area of a pink or red colour, and

      • (b) where tomatoes are packed in a container, that

        • (i) not less than 90 per cent by count of the tomatoes in a lot have the colour described in paragraph (a), and

        • (ii) not more than 10 per cent by count of the tomatoes in a lot are mature or semi-ripe. (mûrissantes)

    • (2) In addition to the standards for each grade and subject to the general tolerances set out in section 104, field tomatoes of all grades shall

      • (a) be properly packed;

      • (b) have similar varietal characteristics;

      • (c) where packed in a container, have reached one of the following stages of development, namely, “mature”, “turning”, “semi-ripe”, or “firm-ripe”;

      • (d) in the case of pear and plum type tomatoes, have a minimum diameter of 32 mm (1 1/4 inches);

      • (e) be sound; and

      • (f) be free from water blisters or open wet cracks.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

    • 102 (1) In this section, clean means a tomato is not contaminated and is free from dirt, dust, spray residue, wax marks or other foreign material.

    • (2) In addition to meeting the standards for all grades set out in section 101, field tomatoes graded Canada No. 1 shall

      • (a) be clean;

      • (b) be not noticeably ridged, angular or indented;

      • (c) be free from puffiness that causes a tomato to be distinctly light in weight;

      • (d) in the case of tomatoes other than the pear and plum types, have

        • (i) a minimum diameter of 51 mm (2 inches) and where packed in a closed container have, with the exception of one tomato, have a maximum variation in diameter of 25 mm (1 inch), or

        • (ii) a minimum diameter of 38 mm (1 1/2 inches) and a maximum diameter of 51 mm (2 inches), where packed in a container on which is marked the size designation “Small” or “38 mm to 51 mm” (1 1/2 inches to 2 inches);

      • (e) be free from disease, scald, bruises or soft areas;

      • (f) be free from growth cracks that are

        • (i) not well healed, or

        • (ii) well healed but exceed in aggregate length

          • (A) 19 mm (3/4 inch) if the cracks are radial from the stem end, and

          • (B) the circumference of a circle 32 mm (1 1/4 inches) in diameter if the cracks are concentric around the stem end;

      • (g) be free from blossom-end scars that are not reasonably smooth or that are greater in diameter than one-quarter of the diameter of the tomato;

      • (h) be free from plant or stem rub that affects an aggregate area per tomato exceeding 13 mm (1/2 inch) in diameter;

      • (i) be free from insect damage that

        • (i) is not well healed, or

        • (ii) is well healed but exceeds two such defects per tomato; and

      • (j) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the tomatoes.

    • SOR/94-718, s. 9;
    • SOR/2011-205, s. 11.

Canada No. 2 Grade Standards

    • 103 (1) In this section, clean has the same meaning as in section 102.

    • (2) In addition to meeting the standards for all grades set out in section 101, field tomatoes graded Canada No. 2 shall

      • (a) be reasonably clean;

      • (b) be not so misshapen or deformed as to seriously affect their appearance;

      • (c) in the case of tomatoes other than the pear and plum types, have a minimum diameter of 44 mm (1 3/4 inches);

      • (d) be free from blossom-end scars that

        • (i) are rough or indented, or

        • (ii) exceed five per cent of the surface area of a tomato; and

      • (e) be free from any other damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the tomatoes.

    • SOR/94-718, s. 9.

General Tolerances

    • 104 (1) In the grading of field tomatoes, the standards set out in sections 102 and 103, as applicable, are considered to be met where

      • (a) up to 10 per cent by count of the field tomatoes in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) three per cent that are affected by soft areas, water blisters, open wet cracks or decay, and

        • (ii) five per cent that have the same permanent defect other than a defect referred to in subparagraphs (c)(i) to (iii);

      • (b) up to 10 per cent by count of the field tomatoes in a lot inspected at a time other than at the time of shipping or repacking have permanent defects other than those referred to in subparagraphs (c)(i) to (iii), including not more than five per cent that have the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to

        • (i) five per cent by count of the tomatoes in the lot have less than the minimum diameter,

        • (ii) five per cent by count of the tomatoes in the lot exceed the maximum diameter,

        • (iii) 10 per cent of the containers in the lot contain tomatoes that exceed the maximum diameter variation set out in subparagraph 102(2)(d)(i),

        • (iv) in the case of tomatoes grown in British Columbia or Manitoba, 25 per cent by count of the tomatoes in the lot vary in maturity by not more than one degree of maturity, and

        • (v) in the case of tomatoes grown other than in British Columbia or Manitoba, 10 per cent by count of the tomatoes in the lot vary in maturity by not more than one degree of maturity.

    • (2) Condition defects shall apply against the grade of a lot of field tomatoes only when the lot is inspected at the time of shipping or repacking.

    • SOR/94-718, s. 9.

Grades and Standards for Greenhouse Tomatoes

Application

    • 105 (1) The grades and standards set out in sections 106 to 110 apply to tomato varieties grown from Lycopersicum esculentum that are grown in artificial conditions under glass or other protective covering.

    • (2) The definitions set out in sections 101 and 102 also apply to greenhouse tomatoes.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 106 The grades and grade names for greenhouse tomatoes are Canada No. 1, Canada Commercial and Canada No. 2.

    • SOR/94-718, s. 9.

Standards for All Grades

  • 107 In addition to the standards for each grade and subject to the general tolerances set out in section 111, greenhouse tomatoes of all grades shall

    • (a) be properly packed;

    • (b) have similar varietal characteristics;

    • (c) be clean and sound;

    • (d) be free from growth cracks that are not well healed; and

    • (e) where packed in a container, have reached one of the following stages of development, namely, “mature”, “turning”, “semi-ripe”, or “firm-ripe”.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 108 In addition to meeting the standards for all grades set out in section 107, greenhouse tomatoes graded Canada No. 1 shall

    • (a) be uniformly coloured and free from blotchy ripening;

    • (b) be not more than slightly kidney-shaped, lopsided, elongated or angular;

    • (c) be not sharply creased or conspicuously ridged or rough;

    • (d) where packed in a container, with the exception of one tomato, have a maximum variation in diameter of 25 mm (1 inch) in the case of tomatoes having a minimum diameter of 51 mm (2 inches), and a maximum variation in diameter of 13 mm (1/2 inch) in all other cases;

    • (e) have a minimum diameter of

      • (i) 38 mm (1 1/2 inches), or

      • (ii) 73 mm (2 7/8 inches) and shall be marked with the size designation “Extra Large”;

    • (f) be free from disease;

    • (g) be free from growth cracks that are well healed but that exceed in aggregate length one-quarter of the diameter of a tomato, with the exception of growth cracks occurring entirely within 6 mm (1/4 inch) of the stem scar; and

    • (h) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the tomatoes.

    • SOR/94-718, s. 9.

Canada Commercial Grade Standards

  • 109 In addition to meeting the standards for all grades set out in section 107, greenhouse tomatoes graded Canada Commercial shall

    • (a) where kidney-shaped, be not so creased, ridged or rough as to affect their shipping quality or to seriously affect their saleability;

    • (b) have a minimum diameter of 63 mm (2 1/2 inches); and

    • (c) in all other respects meet the standards of Canada No. 1 grade.

    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 110 In addition to meeting the standards for all grades set out in section 107, greenhouse tomatoes graded Canada No. 2 shall

    • (a) be free from blotchy ripening that affects more than

      • (i) 15 per cent of the surface area of a tomato, or

      • (ii) 15 per cent by count of the tomatoes in a lot;

    • (b) be not badly misshapen;

    • (c) have a minimum diameter of 38 mm (1 1/2 inches);

    • (d) be free from growth cracks that are well healed but that

      • (i) extend beyond the shoulder of a tomato, or

      • (ii) exceed in aggregate length one-half the diameter of a tomato; and

    • (e) be free from any other damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the tomatoes.

    • SOR/94-718, s. 9.

General Tolerances

    • 111 (1) In the grading of greenhouse tomatoes, the standards set out in sections 108 to 110, as applicable, are considered to be met where

      • (a) up to five per cent by count of the greenhouse tomatoes in a lot inspected at the time of shipping or repacking have defects, including not more than one per cent that are affected by decay;

      • (b) up to five per cent by count of the greenhouse tomatoes in a lot inspected at a time other than at the time of shipping or repacking have permanent defects; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to

        • (i) five per cent by count of the tomatoes in the lot have less than the minimum diameter,

        • (ii) 10 per cent by count of the containers in the lot contain tomatoes that exceed the maximum diameter variation set out in paragraph 108(d), and

        • (iii) 10 per cent by count of the containers in a lot of greenhouse tomatoes graded Canada Commercial contain greenhouse tomatoes that do not meet the requirements for shape of Canada Commercial grade.

    • (2) Condition defects shall apply against the grade of a lot of greenhouse tomatoes only when the lot is inspected at the time of shipping or repacking.

    • SOR/94-718, s. 9.

SCHEDULE I.1(Subsections 3(1.1) to (1.4))

TABLE I

Grade Names for Imported Fresh Fruit

ItemColumn IColumn IIColumn III
KindImport Grade NameCanada Grade Standard
1Apples(a) Extra Fancy Grade(a) Canada Extra Fancy
(b) Fancy Grade(b) Canada Fancy
(c) Commercial Grade(c) Canada Commercial
2Apricots(a) No. 1 Grade(a) Canada No. 1
(b) Domestic Grade(b) Canada Domestic
(c) Hailed Grade(c) Canada Hailed
3BlueberriesNo. 1 GradeCanada No. 1
4CantaloupsNo. 1 GradeCanada No. 1
5Cherries(a) No. 1 Grade(a) Canada No. 1
(b) Domestic Grade(b) Canada Domestic
(c) Orchard Run Grade(c) Canada Orchard Run
6Crabapples(a) No. 1 Grade(a) Canada No. 1
(b) Domestic Grade(b) Canada Domestic
7Cranberries(a) No. 1 Grade(a) Canada No. 1
(b) Domestic Grade(b) Canada Domestic
8Grapes(a) No. 1 Grade(a) Canada No. 1
(b) Domestic Grade(b) Canada Domestic
9Peaches(a) No. 1 Grade(a) Canada No. 1
(b) Domestic Grade(b) Canada Domestic
10Pears(a) Extra Fancy Grade(a) Canada Extra Fancy
(b) Fancy Grade(b) Canada Fancy
(c) Commercial Grade(c) Canada Commercial
11Plums and Prunes(a) No. 1 Grade(a) Canada No. 1
(b) Domestic Grade(b) Canada Domestic
12Field Rhubarb(a) No. 1 Grade(a) Canada No. 1
(b) Domestic Grade(b) Canada Domestic
13StrawberriesNo. 1 GradeCanada No. 1

TABLE II

Grade Names for Imported Fresh Vegetables

ItemColumn IColumn IIColumn III
KindImport Grade NameCanada Grade Standard
1Asparagus(a) No. 1 Grade(a) Canada No. 1
(b) No. 1 Slender Grade(b) Canada No. 1 Slender
(c) No. 2 Grade(c) Canada No. 2
2Beets(a) No. 1 Grade(a) Canada No. 1
(b) No. 2 Grade(b) Canada No. 2
3Brussels Sprouts(a) No. 1 Grade(a) Canada No. 1
(b) No. 2 Grade(b) Canada No. 2
4Cabbages(a) No. 1 Grade(a) Canada No. 1
(b) No. 2 Grade(b) Canada No. 2
5Carrots(a) No. 1 Grade(a) Canada No. 1
(b) No. 2 Grade(b) Canada No. 2
6Cauliflower(a) No. 1 Grade(a) Canada No. 1
(b) No. 2 Grade(b) Canada No. 2
7Celery(a) No. 1 Grade(a) Canada No. 1
(b) No. 1 Heart Grade(b) Canada No. 1 Heart
(c) No. 2 Grade(c) Canada No. 2
8Sweet CornNo. 1 GradeCanada No. 1
9Field Cucumbers(a) No. 1 Grade(a) Canada No. 1
(b) No. 2 Grade(b) Canada No. 2
10Greenhouse Cucumbers(a) No. 1 Grade(a) Canada No. 1
(b) No. 2 Grade(b) Canada No. 2
11Head Lettuce (Iceberg Type)(a) No. 1 Grade(a) Canada No. 1
(b) No. 2 Grade(b) Canada No. 2
12Onions(a) No. 1 Grade(a) Canada No. 1
(b) No. 1 Pickling Grade(b) Canada No. 1 Pickling
(c) No. 2 Grade(c) Canada No. 2
13Parsnips(a) No. 1 Grade(a) Canada No. 1
(b) No. 2 Grade(b) Canada No. 2
14Potatoes(a) No. 1 Grade(a) Canada No. 1
(b) No. 1 Large Grade(b) Canada No. 1 Large
(c) No. 1 Chef Grade(c) Canada No. 1 Chef
15RutabagasNo. 1 GradeCanada No. 1
16Field Tomatoes(a) No. 1 Grade(a) Canada No. 1
(b) No. 2 Grade(b) Canada No. 2
(c) No. 1 Picklers Grade(c) Canada No. 1 Picklers
(d) No. 2 Picklers Grade(d) Canada No. 2 Picklers
17Greenhouse Tomatoes(a) No. 1 Grade(a) Canada No. 1
(b) No. 1 Extra Large Grade(b) Canada No. 1 Extra Large
(c) Commercial Grade(c) Canada Commercial
(d) No. 2 Grade(d) Canada No. 2
  • SOR/88-193, s. 10;
  • SOR/92-618, ss. 26 to 28;
  • SOR/94-510, s. 26;
  • SOR/2002-354, ss. 7, 8.

SCHEDULE II(Section 6.1)Standard Containers for Prepackaged Produce

  • 1 Vegetables of a kind set out in column I of an item of Table I of this Schedule shall be packaged

    • (a) in a container where the net weight of produce in the container is a net weight set out in column II of that item; or

    • (b) in any of the containers of a volume capacity set out in Tables II and III of this Schedule.

TABLE I

ItemColumn IColumn II
KindNet Weight
1Beets
  • 907 g (2 lb),
  • 2.27 kg (5 lb),
  • 4.54 kg (10 lb),
  • 11.3 kg (25 lb),
  • 22.7 kg (50 lb)
2Carrots
  • 907 g (2 lb),
  • 1.36 kg (3 lb),
  • 2.27 kg (5 lb),
  • 4.54 kg (10 lb),
  • 11.3 kg (25 lb),
  • 22.7 kg (50 lb)
3Onions
  • 907 g (2 lb),
  • 1.36 kg (3 lb),
  • 2.27 kg (5 lb),
  • 4.54 kg (10 lb),
  • 11.3 kg (25 lb),
  • 22.7 kg (50 lb)
4Parsnips
  • 454 g (1 lb),
  • 907 g (2 lb),
  • 4.54 kg (10 lb),
  • 9.07 kg (20 lb),
  • 11.3 kg (25 lb),
  • 22.7 kg (50 lb)
5Potatoes
  • 2.27 kg (5 lb),
  • 4.54 kg (10 lb),
  • 9.07 kg (20 lb),
  • 22.7 kg (50 lb),
  • 34 kg (75 lb),
  • 45.4 kg (100 lb)
6Rutabagas
  • 907 g (2 lb),
  • 2.27 kg (5 lb),
  • 4.54 kg (10 lb),
  • 11.3 kg (25 lb),
  • 22.7 kg (50 lb)

TABLE II

ItemVolume Capacity of Non-Metric Containers
11 pint (551 ml)
21 quart (1.1 L)
32 quarts (2.27 L)
44 quarts (4.55 L)
56 quarts (6.82 L)
611 quarts (12.5 L)
716 quarts (18.2 L)
832 quarts (36.4 L)

TABLE III

ItemVolume Capacity of Metric Containers
1500 mL
21 L
32 L
44 L
56 L
613 L
718 L
836 L
  • SOR/80-204, ss. 14 to 16;
  • SOR/81-350, s. 1;
  • SOR/82-1048, ss. 20, 21;
  • SOR/83-703, ss. 7, 8;
  • SOR/85-130, s. 1;
  • SOR/86-782, ss. 10, 11;
  • SOR/86-864, s. 25;
  • SOR/88-369, ss. 23 to 25;
  • SOR/88-428, ss. 23 to 25, 26(F);
  • SOR/90-243, s. 15;
  • SOR/92-618, ss. 29 to 44;
  • SOR/94-510, s. 27.

SCHEDULE III

[Repealed, SOR/2003-6, s. 31]

SCHEDULE IV(Section 63)Registration Number

  • 1 The registration number of the registered establishment shall be shown within the outline of a maple leaf in the same proportions as illustrated in the following design:

    Outline of a maple leaf with the figures 00 inside.

    Note: The registration number of the registered establishment shall be substituted for the figures “00”.

  • SOR/2003-6, s. 32.
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