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

3. (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(3) [Repealed, SOR/94-718, s. 2]