Food and Drug Regulations (C.R.C., c. 870)

Regulations are current to 2017-05-11 and last amended on 2017-05-05. Previous Versions

Importations

 Subject to section A.01.044, no person shall import into Canada for sale a food or drug the sale of which in Canada would constitute a violation of the Act or these Regulations.

  • SOR/92-626, s. 2(F).

 An inspector may examine and take samples of any food or drug sought to be imported into Canada.

 If an inspector examines or takes a sample of a food or drug under section A.01.041, the inspector may submit it to an analyst for analysis or examination.

  • SOR/2017-18, s. 1(E).

 If an inspector, on examination of a sample of a food or drug or on receipt of a report of an analyst of the result of an analysis or examination of the sample, is of the opinion that the sale of the food or drug in Canada would constitute a violation of the Act or these Regulations, the inspector shall so notify in writing the collector of customs concerned and the importer.

  • SOR/84-300, s. 2(E);
  • SOR/2017-18, s. 2.
  •  (1) Where a person seeks to import a food or drug into Canada for sale and the sale would constitute a violation of the Act or these Regulations, that person may, if the sale of the food or drug would be in conformity with the Act and these Regulations after its relabelling or modification, import it into Canada on condition that

    • (a) the person gives to an inspector notice of the proposed importation; and

    • (b) the food or drug will be relabelled or modified as may be necessary to enable its sale to be lawful in Canada.

  • (2) No person shall sell a food or drug that has been imported into Canada under subsection (1) unless the food or drug has been relabelled or modified within three months after the importation or within such longer period as may be specified by

    • (a) in the case of a drug, the Director; or

    • (b) in the case of food, the Director or the President of the Canadian Food Inspection Agency.

  • SOR/92-626, s. 3;
  • SOR/95-548, s. 5;
  • SOR/2000-184, s. 61;
  • SOR/2000-317, s. 18.

Exports

 A certificate referred to in section 37 of the Act shall be signed and issued by the exporter in the form set out in Appendix III.

  • SOR/80-318, s. 1;
  • SOR/90-814, s. 2.

Sampling

 When taking a sample of an article pursuant to paragraph 23(1)(a) of the Act, an inspector shall inform the owner thereof or the person from whom the sample is being obtained of the inspector’s intention to submit the sample or a part thereof to an analyst for analysis or examination, and

  • (a) where, in the opinion of the inspector, division of the procured quantity would not interfere with analysis or examination

    • (i) divide the quantity into three parts,

    • (ii) identify the three parts as the owner’s portion, the sample, and the duplicate sample and where only one part bears the label, that part shall be identified as the sample,

    • (iii) seal each part in such a manner that it cannot be opened without breaking the seal, and

    • (iv) deliver the part identified as the owner’s portion to the owner or the person from whom the sample was obtained and forward the sample and the duplicate sample to an analyst for analysis or examination; or

  • (b) where, in the opinion of the inspector, division of the procured quantity would interfere with analysis or examination

    • (i) identify the entire quantity as the sample,

    • (ii) seal the sample in such a manner that it cannot be opened without breaking the seal, and

    • (iii) forward the sample to an analyst for analysis or examination.

  • SOR/90-814, s. 3.

 Where the owner or the person from whom the sample was obtained objects to the procedure followed by an inspector under section A.01.050 at the time the sample was obtained, the inspector shall follow both procedures set out in that section if the owner or the person from whom the sample was obtained supplies him with a sufficient quantity of the article.

Tariff of Fees

 The cost of analysing a sample other than for the purpose of the Act, for a department of the Government of Canada for the purpose of legal action is $15.

Labelling of Food and Drugs in Pressurized Containers

 In sections A.01.061 and A.01.062,

flame projection

flame projection means the ability of the pressurized contents of an aerosol container to ignite and the length of that ignition, when tested in accordance with official method DO-30, Determination of Flame Projection, dated October 15, 1981; (projection de flamme)

flashback

flashback means that part of the flame projection that extends from its point of ignition back to the aerosol container when tested in accordance with official method DO-30, Determination of Flame Projection, dated October 15, 1981; (retour de flamme)

principal display panel

principal display panel[Repealed, SOR/2000-353, s. 2]

  • SOR/92-15, s. 1;
  • SOR/2000-353, s. 2;
  • SOR/2001-272, s. 6.
  •  (1) Subject to section A.01.063, in the case of a food or a drug packaged in a disposable metal container designed to release pressurized contents by use of a manually operated valve that forms an integral part of the container, the principal display panel of the inner and outer labels of the food or drug shall display, in accordance with sections 15 to 18 of the Consumer Chemicals and Containers Regulations, as they read on September 30, 2001, the following information:

    • (a) the hazard symbol set out in Column II of item 10 of Schedule II to those Regulations, accompanied by the signal word “CAUTION / ATTENTION”; and

    • (b) the primary hazard statement “CONTAINER MAY EXPLODE IF HEATED. / CE CONTENANT PEUT EXPLOSER S’IL EST CHAUFFÉ.”.

  • (2) Subject to section A.01.063, one panel of the inner and outer labels of a food or drug referred to in subsection (1) shall display, in the size required by paragraph 19(1)(b) of the Consumer Chemicals and Containers Regulations, as they read on September 30, 2001, the following additional hazard statement:

    “Contents under pressure. Do not place in hot water or near radiators, stoves or other sources of heat. Do not puncture or incinerate container or store at temperatures over 50°C.

    Contenu sous pression. Ne pas mettre dans l’eau chaude ni près des radiateurs, poêles ou autres sources de chaleur. Ne pas percer le contenant, ni le jeter au feu, ni le conserver à des températures dépassant 50 °C.

  • (3) The requirements of subsections (1) and (2) do not apply where

    • (a) in relation to a drug or cosmetic, in the opinion of the Director, or

    • (b) in relation to a food, in the opinion of the Minister of Consumer and Corporate Affairs,

    the design of the container, the materials used in its construction or the incorporation of a safety device eliminate the potential hazard therein.

  • SOR/81-616, s. 1;
  • SOR/85-1023, s. 1;
  • SOR/92-15, s. 2;
  • SOR/2001-272, s. 7.
  •  (1) Subject to section A.01.063, if a food or drug is packaged in a container described in subsection A.01.061(1) and has a flame projection of a length set out in column I of any of items 1 to 3 of the table to this subsection or a flashback as set out in column I of item 4 of that table, as determined by official method DO-30, Determination of Flame Projection, dated October 15, 1981, the principal display panel of the inner and outer labels of the food or drug shall display, in accordance with sections 15 to 18 of the Consumer Chemicals and Containers Regulations, as they read on September 30, 2001, the following information:

    • (a) the hazard symbol set out in Column II of the same item;

    • (b) in both official languages, the signal word set out in Column III of the same item; and

    • (c) in both official languages, the primary hazard statement set out in Column IV of the same item.

    TABLE IS NOT DISPLAYED, SEE SOR/81-616, S. 2; SOR/92-15, S. 3

  • (2) In addition to the requirements of subsection (1), one panel of the inner label and outer labels of a food or drug referred to in that subsection shall display, in the size required by paragraph 19(1)(b) of the Consumer Chemicals and Containers Regulations, as they read on September 30, 2001, the following additional hazard statement:

    “Do not use in presence of open flame or spark.

    Ne pas utiliser en présence d’une flamme nue ou d’étincelles.”

  • SOR/81-616, s. 2;
  • SOR/82-429, s. 1;
  • SOR/85-1023, s. 2;
  • SOR/92-15, s. 3;
  • SOR/2001-272, s. 8.
 
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