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

Regulations are current to 2016-11-21 and last amended on 2016-10-31. Previous Versions

  •  (1) In this section, fat means all fatty acids expressed as triglycerides.

  • (2) The reference standard for a nutrient set out in column 1 of the table to this section is the amount set out in column 2.

    TABLE

    Reference Standards

    Column 1Column 2
    ItemNutrientAmount
    1Fat65 g
    2The sum of saturated fatty acids and trans fatty acids20 g
    3Cholesterol300 mg
    4Carbohydrate300 g
    5Fibre25 g
    6Sodium2400 mg
    7Potassium3500 mg
  • SOR/2003-11, s. 2.

 Each provision in this Part in which the symbol [S] appears between the provision number and the name of the food described in that provision prescribes the standard of composition, strength, potency, purity, quality or other property of that food and a provision in which the symbol does not appear does not prescribe a standard for a food.

  • SOR/79-752, s. 1.
  •  (1) For the purposes of this Part, a serving of stated size of a food shall be

    • (a) based on the food as offered for sale; and

    • (b) expressed

      • (i) in grams, if

        • (A) the net quantity of the food is declared on the label by weight or by count, or

        • (B) the food is set out in column 1 of item 78, 149 or 150 of Schedule M, and

      • (ii) in millilitres, if the net quantity of the food is declared on the label by volume, except in the case of a food referred to in clause (i)(B).

  • (2) A serving of stated size shall be the net quantity of the food in the package if

    • (a) the quantity of food can reasonably be consumed by one person at a single eating occasion;

    • (b) the reference amount of the food is less than 100 g or 100 mL and the package contains less than 200% of that reference amount; or

    • (c) the reference amount of the food is 100 g or 100 mL or more and the package contains 150% or less of that reference amount.

  • SOR/88-559, s. 2;
  • SOR/2003-11, s. 3.
  •  (1) The following foods shall carry a label when offered for sale:

    • (a) all prepackaged products other than

      • (i) prepackaged confections, commonly known as one bite confections, that are sold individually, and

      • (ii) prepackaged products consisting of fresh fruits or fresh vegetables that are packaged in a wrapper or confining band of less than 1/2 inch in width;

    • (b) meat and meat by-products that are barbecued, roasted or broiled on the retail premises;

    • (c) poultry, poultry meat or poultry meat by-products that are barbecued, roasted or broiled on the retail premises;

    • (d) horse-meat or horse-meat by-product;

    • (e) any substance or mixture of substances for use as a food additive or food additive preparation; and

    • (f) flour and whole wheat flour that has been treated with gamma radiation from Cobalt 60 Source.

  • (2) [Repealed, SOR/79-23, s. 2]

  • SOR/79-23, s. 2.
  •  (1) All or part of the label referred to in section B.01.003 shall be applied

    • (a) in the case of a prepackaged product, to the container in which the prepackaged product is sold; and

    • (b) in the case of a food that is not a prepackaged product, to the food itself.

  • (2) The label shall be applied in such a manner that the container of the prepackaged product or the food, as the case may be, will bear the label at the time it is sold.

  • SOR/84-300, s. 3.
  •  (1) Subject to subsections (2) to (5), the information required to be shown on a label shall not be shown on that part of the label, if any, that is applied to the bottom of a food or container.

  • (2) The information required to be shown on a label may be shown on that part of the label, if any, that is applied to the bottom of a food or to the bottom of a container if such information is also shown in those parts of the label that are not applied to the bottom of the food or container.

  • (3) Notwithstanding subsection (2), where the container of a prepackaged product is an ornamental container and the label is applied to the bottom of the container, the information required to be shown may be shown on the label that is applied to the bottom of the container.

  • (4) Notwithstanding subsection (2), the information required by subparagraph B.01.007(1.1)(b)(i) or paragraph B.24.103(g) or B.25.057(1)(f) or (2)(f) may be shown on that part of the label that is applied to the bottom of the package if a clear indication of the location of the required information appears elsewhere on the label.

  • (5) Notwithstanding subsection (2), the nutrition facts table may be shown on that part of the label that is applied to the bottom of the food or container if the available display surface includes the bottom.

  • SOR/79-529, s. 1;
  • SOR/92-626, s. 4;
  • SOR/2003-11, s. 4.
  •  (1) The common name of the food shall be shown on the principal display panel.

  • (2) Notwithstanding subsection (1), the common name of a fresh fruit or fresh vegetable that is prepackaged in such a manner that the fruit or vegetable is visible and identifiable in the package is not required to be shown on the label.

  • SOR/79-23, s. 3;
  • SOR/92-626, s. 5.
  •  (1) In this section, packaging date means

    • (a) the date on which a food is placed for the first time in a package in which it will be offered for sale to a consumer; or

    • (b) the date on which a prepackaged product is weighed by a retailer in a package in which it will be offered for sale for the first time to a consumer.

  • (1.1) The following information shall be shown on any part of the label:

    • (a) the identity and principal place of business of the person by or for whom the food was manufactured or produced;

    • (b) where a prepackaged product having a durable life of 90 days or less is packaged at a place other than the retail premises from which it is to be sold,

      • (i) the durable life date, and

      • (ii) instructions for the proper storage of the prepackaged product if it requires storage conditions that differ from normal room temperature; and

    • (c) where a prepackaged product having a durable life of 90 days or less is packaged on the retail premises from which it is to be sold,

      • (i) the packaging date, and

      • (ii) the durable life of the food, except when the durable life appears on a poster next to the food.

  • (1.2) The packaging date referred to in paragraph (1.1)(c) shall be shown in the form and manner prescribed for the durable life date by subsections (4) and (5) and the terms “best before” and “meilleur avant” on the label shall be replaced by the terms “packaged on” and “empaqueté le”.

  • (2) Paragraph (1.1)(a) does not apply to fresh fruits or fresh vegetables that are prepackaged on retail premises in such a manner that the fruits or vegetables are visible and identifiable in the package.

  • (3) Paragraphs (1.1)(b) and (c) do not apply to

    • (a) prepackaged products consisting of fresh fruits or fresh vegetables;

    • (b) prepackaged individual portions of food that are served by a restaurant or other commercial enterprise with meals or snacks;

    • (c) prepackaged individual servings of food that are prepared by a commissary and sold by automatic vending machines or mobile canteens; or

    • (d) prepackaged donuts.

  • (4) The durable life date shall be shown in the following manner:

    • (a) the words “best before” and “meilleur avant” shall be shown grouped together with the durable life date unless a clear explanation of the significance of the durable life date appears elsewhere on the label;

    • (b) where, for the sake of clarity, it is necessary to show the year in which the durable life date occurs, the year shall be shown first and shall be expressed by at least the last two numbers of the year;

    • (c) the month shall be shown in words after the year, if the year is shown, and may be abbreviated as prescribed by subsection (5); and

    • (d) the day of the month shall be shown after the month and shall be expressed in numbers.

  • (5) The month of the durable life date, when abbreviated, shall be abbreviated as follows and only one such abbreviation shall be used for the English language and the French language:

    • JA 
      for JANUARY
    • FE 
      for FEBRUARY
    • MR 
      for MARCH
    • AL 
      for APRIL
    • MA 
      for MAY
    • JN 
      for JUNE
    • JL 
      for JULY
    • AU 
      for AUGUST
    • SE 
      for SEPTEMBER
    • OC 
      for OCTOBER
    • NO 
      for NOVEMBER
    • DE 
      for DECEMBER
  • (6) Except as otherwise provided in these Regulations, no person shall use a durable life date marking system on the label of a prepackaged product or in advertising a prepackaged product other than the marking system set out in this section.

  • (7) Paragraph (1.1)(b) does not apply to prepackaged fresh yeast, if

    • (a) the date on which it is estimated that the product has lost its effectiveness is shown on the label in the form and manner prescribed for the durable life date by subsections (4) and (5); and

    • (b) the terms “best before” and “meilleur avant” are replaced by the terms “use by” and “employez avant”.

  • SOR/79-23, s. 4;
  • SOR/79-529, s. 2;
  • SOR/88-291, s. 1;
  • SOR/92-626, s. 6.
 
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