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

  • (a) [Repealed, SOR/2011-205, s. 8]

  • (b) is not contaminated;

  • (c) is edible;

  • (d) is free of any live insect, scorpion, snake, spider or other living thing that may be injurious to health;

  • (e) is prepared in a sanitary manner;

  • (f) where irradiated, is irradiated in accordance with Division 26 of Part B of the Food and Drug Regulations;

  • (g) meets all other requirements of the Food and Drugs Act and the Food and Drug Regulations with respect to the produce; and

  • (h) meets the requirements of the Plant Protection Act and the Regulations made under that Act.

• (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• (3) [Repealed, SOR/95-475, s. 2]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.

3.2 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.

3.3 [Repealed, SOR/2003-6, s. 5]

4. 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.