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

Regulations are current to 2017-11-20 and last amended on 2013-04-26. Previous Versions

 [Repealed, SOR/2000-183, s. 19]

 [Repealed, SOR/95-548, s. 2]

 Where, owing to poor examination conditions or latent defects in a product, an inspector is unable to determine the grade of the product, he may postpone inspection of the product for such period as is necessary in order to enable him to make an accurate determination of the grade.

  • SOR/87-372, s. 3.

PART VIExports

  •  (1) Subject to subsection (3) and section 57, no person shall export out of Canada any food product for which grades have been established under these Regulations as set out in Schedule I unless

    • (a) the food product has been prepared in a registered establishment; and

    • (b) the food product meets the requirements of one of those grades.

  • (2) Subject to subsection (3) and section 57, no person shall export out of Canada any food product or any food product of a class for which standards have been established under these Regulations as set out in Schedule II or any vegetable soup, spaghetti in tomato sauce, horseradish sauce, creamed horseradish, infant food or junior food, unless the food product

    • (a) has been prepared in a registered establishment;

    • (b) is packed in a container prescribed in Table III to Schedule III; and

    • (c) is marked as prescribed in Part IV.

  • (3) Subsections (1) and (2) do not apply to a shipment of food products that

    • (a) weighs 20 kg or less; or

    • (b) is part of an emigrant’s effects.

  • SOR/87-372, s. 3;
  • SOR/88-107, s. 2;
  • SOR/2001-80, s. 3;
  • SOR/2003-6, s. 51;
  • SOR/2011-205, s. 36(F).

 A food product that does not meet the requirements of these Regulations as to grade, standards, packing and marking may be exported if

  • (a) the shipper provides a signed statement

    • (i) confirming that the container and markings comply with the requirements of the importing country, and

    • (ii) setting out the quality specifications of the contract under which the food product is being exported;

  • (b) the lot number or code of the shipment is marked on the label or embossed on the container; and

  • (c) the label on the container does not misrepresent the quality, quantity, composition, character, safety or value of the food product.

  • (d) [Repealed, SOR/88-107, s. 3]

  • SOR/87-372, s. 3;
  • SOR/88-107, s. 3.

 A person who wishes to obtain an export certificate for a food product that certifies that the food product meets the export requirements of this Part shall

  • (a) submit an application, in a form provided by the Agency, duly completed in duplicate, to an inspector or at the nearest inspection office, containing the following information:

    • (i) the date and place of the application,

    • (ii) the registration number of the establishment in which the food product was prepared,

    • (iii) the name and address of the exporter,

    • (iv) the name and address of the consignee,

    • (v) the name of the carrier,

    • (vi) the date the shipment is to go forward,

    • (vii) a description of the food product and any identification marks including the grade and the brand name,

    • (viii) the number of shipping containers and the number, size and kind of containers per shipping container,

    • (ix) a statement that the food product mentioned in the application is sound, wholesome and edible and that it meets the requirements of the Act and these Regulations, and

    • (x) the signature of the applicant;

  • (b) have the food product inspected by an inspector in accordance with the terms set out in section 48; and

  • (c) pay the fee prescribed by the Canadian Food Inspection Agency Fees Notice, in accordance with the conditions of payment set out in that Notice.

  • SOR/87-372, s. 3;
  • SOR/97-300, s. 6;
  • SOR/2000-183, s. 20;
  • SOR/2000-184, s. 30.

PART VIIInterprovincial Trade

  •  (1) Subject to subsection (3) and sections 59.2 and 59.3, no person shall convey from one province to another any food product for which grades are prescribed in Schedule I unless the food product

    • (a) has been prepared in a registered establishment;

    • (b) meets the minimum grade prescribed for that food product in Schedule I;

    • (c) is packed in a container prescribed for that food product in Tables I and II of Schedule III; and

    • (d) is marked as prescribed in Part IV.

  • (2) Subject to subsection (3) and sections 59.2 and 59.3, no person shall convey from one province to another any food product or any food product of a class for which standards are prescribed in Schedule II or any vegetable soup, spaghetti in tomato sauce, horseradish sauce, creamed horseradish, infant food or junior food, unless the food product

    • (a) has been prepared in a registered establishment;

    • (b) complies with the standards, if any, prescribed for that food product in Schedule II;

    • (c) is packed in a container prescribed for that food product in Table III of Schedule III; and

    • (d) is marked as prescribed in Part IV.

  • (3) Subsections (1) and (2) do not apply to a shipment of food products that

    • (a) weighs 20 kg or less and is not intended for sale in Canada; or

    • (b) is being test marketed in accordance with an authorization issued pursuant to subsection 9.1(5).

  • SOR/86-810, s. 1;
  • SOR/87-372, s. 3;
  • SOR/88-383, s. 2;
  • SOR/94-465, s. 2;
  • SOR/2001-80, s. 4;
  • SOR/2003-6, s. 52.

 [Repealed, SOR/2003-6, s. 53]

 The Minister or a delegate of the Minister may exempt from any of the requirements of the Act or these Regulations the conveyance from one province to another of a food product 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 that food product or an equivalent food product.

  • SOR/88-383, s. 2.

 A food product that is unlabelled or that is not marked in accordance with Part IV may be conveyed from one province to another if the shipper provides evidence that the food product will be labelled or marked at its destination to comply with these Regulations.

  • SOR/88-383, s. 2;
  • SOR/2001-80, s. 5(F).

PART VIIIImports

  •  (1) Subject to subsection (3), no person shall import into Canada any food product for which grades are prescribed in Schedule I unless the food product

    • (a) meets the minimum grade prescribed for that food product in Schedule I;

    • (b) subject to section 25, is packed in a container prescribed for that food product in Table I or II of Schedule III; and

    • (c) is marked as prescribed in Part IV.

  • (2) Subject to subsection (3), no person shall import into Canada any food product or any food product of a class for which standards are prescribed in Schedule II or any vegetable soup, spaghetti in tomato sauce, horseradish sauce, creamed horseradish, infant food or junior food, unless the food product

    • (a) complies with the standards, if any, prescribed for that food product in Schedule II;

    • (b) subject to section 25, is packed in a container prescribed for that food product in Table III to Schedule III; and

    • (c) is marked as prescribed in Part IV.

  • (3) Subject to section 65, subsections (1) and (2) do not apply in respect of a shipment of food products that

    • (a) weighs 20 kg or less;

    • (b) is part of an immigrant’s effects;

    • (c) is consigned to a national or international exhibition if

      • (i) the food product weighs 100 kg or less, and

      • (ii) is not intended for sale in Canada;

    • (d) is imported from the United States onto the Akwesasne Reserve for use by an Akwesasne resident; or

    • (e) is being test marketed in accordance with an authorization issued pursuant to subsection 9.1(5).

  • (4) Paragraph (3)(d) does not apply in respect of a food product that is shipped to Canada from another country through the United States if the shipment is bonded.

  • (5) For the purpose of paragraph (3)(d), Akwesasne resident means an individual who has established permanent residence on the Akwesasne Reserve.

  • SOR/87-372, s. 3;
  • SOR/92-10, s. 1;
  • SOR/93-496, s. 5;
  • SOR/94-465, s. 3;
  • SOR/97-300, s. 7;
  • SOR/2001-80, s. 6;
  • SOR/2003-6, s. 54.
 
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