Processed Products Regulations (C.R.C., c. 291)

Regulations are current to 2016-06-21 and last amended on 2013-04-26. Previous Versions

PART IHealth and Safety

  •  (1) Subject to subsections (2) and (3), no person shall market a food product in import, export or interprovincial trade as food unless the food product, including every substance used as a component or ingredient thereof,

  • (2) It is prohibited for anyone to mix a food product that is contaminated with another food product so that it meets the requirements of subsection (1).

  • (3) [Repealed, SOR/2003-6, s. 41]

  • (4) For the purposes of paragraph (1)(d), prepared in a sanitary manner means prepared in accordance with the provisions of sections 16 and 17.

  • SOR/91-687, s. 2;
  • SOR/95-548, s. 2;
  • SOR/2003-6, s. 41;
  • SOR/2006-221, s. 5(F);
  • SOR/2011-205, s. 27;
  • SOR/2012-286, s. 38(E).

 Despite section 2.1, a food product 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 food products intended for use as food; and

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

  • SOR/91-687, s. 2;
  • SOR/95-548, s. 2;
  • SOR/2003-6, s. 42;
  • SOR/2011-205, s. 28.

 An inspector may direct that a food product be disposed of or destroyed where the inspector suspects on reasonable grounds that the food product

  • (a) [Repealed, SOR/2011-205, s. 29]

  • (b) is contaminated;

  • (c) does not meet the requirements of subsection 2.1(1) or section 2.2 and cannot be prepared in such a manner that it meets those requirements; or

  • (d) is otherwise injurious to the health of any person.

  • SOR/91-687, s. 2;
  • SOR/95-548, s. 2;
  • SOR/2011-205, s. 29.

 No person shall market in import, export or interprovincial trade any food product in a container

  • (a) that has not been well sealed;

  • (b) the lid or bottom of which has become convex; or

  • (c) that is otherwise defective.

  • SOR/91-687, s. 2.

PART I.1Grades and Standards

 Where a grade or standard is established under these Regulations for a processed product, no person shall market in import, export or interprovincial trade any substitute for that processed product in such a manner that the substitute is likely to be mistaken for the processed product.

  • SOR/91-687, s. 2.

 The grades for canned fruits and vegetables set out in Table I of Schedule I, the grade names therefor and the standards therefor are as prescribed in that Table.

  • SOR/91-687, s. 2.

 The grades for frozen fruits and vegetables set out in Table II of Schedule I, the grade names therefor and the standards thereof, are as prescribed in that Table.

 The grades for canned and frozen fruits and vegetables set out in Schedule I that are imported and sold in their original containers are as prescribed in that Schedule and the grade names therefor are as set out in section 3 of Schedule V.

  • SOR/93-330, s. 2.

 [Repealed, SOR/93-330, s. 2]

 The standards for fruit and vegetable products set out in Schedule II are as prescribed in that Schedule.

 A fruit or vegetable product for which a standard is set out in these Regulations shall contain only the ingredients set out in the standard prescribed for the product in Schedule I or II.

  • SOR/78-170, s. 1.

 [Repealed, SOR/91-687, s. 4]

 The grade names established by these Regulations may be applied to containers of fruit and vegetable products only on the following terms and conditions:

  • (a) except in the case of an imported product sold in its original container, the product was prepared in a registered establishment in accordance with these Regulations; and

  • (b) the product was packed in a container prescribed in Part III and was marked as prescribed in Part IV.

  • SOR/91-687, s. 5.
  •  (1) Except as authorized by these Regulations or by an inspector, no person shall ship or transport from the establishment in which it was packed, any fruit or vegetable product for which grades are established in these Regulations unless there has been applied to the container of the product a grade name established by these Regulations.

  • (2) This section does not apply to fruit and vegetable products in Schedule I designated as “optional” and on which grade labelling is not mandatory.

PART I.2Test Marketing

  •  (1) The operator of a registered establishment or an importer of food products may apply in writing to the Director for an authorization to test market a food product that does not meet the requirements of these Regulations.

  • (2) The application referred to in subsection (1) shall contain

    • (a) the name, address and telephone number of the applicant and the facsimile number or the registration number of the establishment;

    • (b) a complete description of the food product including its

      • (i) common name,

      • (ii) list of ingredients and components thereof, and

      • (iii) formulation and method of manufacture, if other than as established under these Regulations;

    • (c) the type and size of the containers to be used in the test marketing of the food product;

    • (d) an estimate of the total quantity of the food product that will be test marketed;

    • (e) a description of the demographic or geographic area or areas intended to be covered by the test marketing;

    • (f) the expected duration of the test marketing period, up to a maximum of 24 months;

    • (g) a statement that

    • (h) the signature of the applicant or authorized agent of the applicant; and

    • (i) three samples of any label, or reasonable facsimiles of them, that will be applied to the food product.

  • (3) Every application for a test marketing authorization shall be accompanied by at least one sample of the food product to be test marketed.

  • (4) Where facsimile labels are submitted with the application referred to in subsection (1), the holder of the test marketing authorization shall submit a final label to the Director within 90 days after the date of issue of the authorization.

  • (5) The Director may issue a written authorization to the operator of a registered establishment or to an importer of food products to test market a food product for a period of up to 24 months where the Director is satisfied, based on information available to the Director, that the test marketing of the food product will not

    • (a) disrupt the normal or usual trading patterns of the industry;

    • (b) confuse or mislead the public; or

    • (c) have an adverse affect on public health or safety or on product pricing.

  • (6) The Director may cancel an authorization issued pursuant to subsection (5) where

    • (a) the application contains false or misleading information; or

    • (b) any condition set out in this section is not met.

  • SOR/94-465, s. 1;
  • SOR/2011-205, s. 30.
 
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