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

Regulations are current to 2014-12-08 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“acceptable method”[Repealed, SOR/95-475, s. 2]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“adulterated”[Repealed, SOR/2011-205, s. 7]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“Canada Produce Legend”[Repealed, SOR/2003-6, s. 2]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“container”[Repealed, SOR/86-864, s. 1]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.