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

Regulations are current to 2017-09-27 and last amended on 2017-06-20. Previous Versions

  •  (1) The common name of a yolk-replaced egg shall be “yolk-replaced egg”.

  • (2) to (4) [Repealed, SOR/88-559, s. 14]

  • SOR/88-559, s. 14.

 [Repealed, SOR/2003-11, s. 15]

  •  (1) No person shall, on the label of or in any advertisement for a food, other than in the nutrition facts table, if any, include a declaration of the food’s energy value or the amount of a nutrient contained in the food unless it is declared in the following manner, per serving of stated size:

    • (a) in the case of the energy value, in Calories;

    • (b) in the case of a vitamin referred to in subsection D.01.002(1), in the applicable unit set out in subsection D.01.003(1);

    • (b.1) in the case of the following mineral nutrients:

      • (i) for sodium, potassium, calcium, phosphorus, magnesium, iron, zinc, chloride, copper and manganese, in milligrams, and

      • (ii) for iodide, chromium, selenium and molybdenum, in micrograms;

    • (c) in the case of cholesterol, in milligrams;

    • (d) in the case of the mineral ion content of prepackaged water or ice, in parts per million; and

    • (e) in any other case, in grams.

  • (2) Despite subsection (1), a person may, on the label of a food or in any advertisement for a food, other than in the nutrition facts table, if any, include a declaration of the percentage of the daily value of a nutrient contained in the food if

    • (a) the nutrient is listed in column 1 of the table to section B.01.401 or the table to section B.01.402;

    • (b) the percentage of the daily value of the nutrient is required or permitted to be declared in the nutrition facts table; and

    • (c) the percentage of the daily value of the nutrient is declared per serving of stated size.

  • (3) A declaration referred to in subsection (1) or (2) that appears on the label of a food shall be

    • (a) in English and French; or

    • (b) in one of those languages, if in accordance with subsection B.01.012(3) or (7) the information that is required by these Regulations to be shown on the label of the food may be shown in that language only and is shown on the label in that language.

  • SOR/88-559, s. 15;
  • SOR/2003-11, s. 16;
  • SOR/2016-305, ss. 14, 75(F).
  •  (1) If the label of a multiple-serving prepackaged product indicates that the product contains or, when prepared as directed in or on the package, provides a specified number of servings or portions, that information must be based on the serving of stated size set out in the nutrition facts table for the product.

  • (2) Despite subsection (1), the label of the multiple-serving prepackaged product shall not include the information referred to in that subsection if the serving of stated size set out in the nutrition facts table for the product is expressed in cups or tablespoons.

  • SOR/2016-305, s. 15.

 [Repealed, SOR/2003-11, s. 17]

  •  (1) No person shall, on the label of or in any advertisement for a food, make a representation, express or implied, respecting a protein unless the food meets the conditions set out in column 2 of item 8 of the table following section B.01.513 for the subject “source of protein” set out in column 1.

  • (2) No person shall, on the label of or in any advertisement for a food, make a representation, express or implied, respecting an amino acid unless

    • (a) the food meets the conditions set out in column 2 of item 8 of the table following section B.01.513 for the subject “source of protein” set out in column 1; and

    • (b) the label or advertisement includes a declaration of the amount of histidine, isoleucine, leucine, lysine, methionine, phenylalanine, threonine, tryptophan and valine contained in the food, expressed in grams per serving of stated size.

  • (3) Subsections (1) and (2) do not apply in respect of

    • (a) a formulated liquid diet, a human milk substitute or a food represented as containing a human milk substitute;

    • (b) foods represented for use in gluten-free diets, protein restricted diets, low (naming the amino acid) diets and (naming the amino acid) free diets;

    • (c) the word “protein” when used as part of the common name of an ingredient in the list of ingredients;

    • (d) the declaration of amino acids in the list of ingredients;

    • (e) the common names set out in column II of items 7 to 9 of the table to paragraph B.01.010(3)(a), when shown in the list of ingredients in accordance with that paragraph;

    • (f) the common name of a single amino acid preparation that may be sold as a food;

    • (g) the statements required by paragraphs B.01.014(c) and B.01.015(1)(b);

    • (h) a statement or claim set out in column 4 of item 7 of the table following section B.01.513 respecting the subject “low in protein” set out in column 1;

    • (i) a declaration of the amount of protein in the nutrition facts table;

    • (j) a statement of the protein content of a food as required by paragraph B.24.103(c), subparagraph B.24.202(a)(ii), paragraph B.24.304(b) or B.25.057(1)(a) or subparagraph B.25.057(2)(c)(i) or (d)(i); or

    • (k) a statement that a food is not a source of protein.

  • (4) A representation referred to in subsection (1) or (2) that appears on the label of a food shall be

    • (a) in English and French; or

    • (b) in one of those languages, if in accordance with subsection B.01.012(3) or (7) the information that is required by these Regulations to be shown on the label of the food may be shown in that language only and is shown on the label in that language.

  • SOR/88-559, s. 15;
  • SOR/90-830, s. 3(F);
  • SOR/2003-11, s. 18;
  • SOR/2016-305, s. 75(F).

 [Repealed, SOR/2003-11, s. 19]

  •  (1) Subject to subsections (2) and (3), no person shall, on the label of or in any advertisement for a food, make a representation, express or implied, concerning the action or effect of the food’s energy value or of a nutrient contained in the food.

  • (2) The label of or advertisement for a food may carry a statement or claim set out in column 1 of the table following section B.01.603.

  • (3) Subject to section B.01.312, the label of or advertisement for a food may carry a statement or claim to the effect that the food’s energy value or a nutrient contained in the food is generally recognized as an aid in maintaining the functions of the body necessary to the maintenance of good health and normal growth and development.

  • (4) If a statement or claim described in subsection (3) concerns a nutrient not listed in column 1 of the tables to sections B.01.401 and B.01.402, the amount of the nutrient contained in the food must be expressed on any part of the label in grams per serving of stated size.

  • (5) A statement or claim referred to in subsection (2) or (3) that appears on the label of a food shall be

    • (a) in English and French; or

    • (b) in one of those languages, if in accordance with subsection B.01.012(3) or (7) the information that is required by these Regulations to be shown on the label of the food may be shown in that language only and is shown on the label in that language.

  • SOR/88-559, s. 15;
  • SOR/2003-11, s. 20;
  • SOR/2016-305, s. 75(F).
  •  (1) If a statement or claim described in subsection B.01.311(3) is made on the label of or in an advertisement for a food that is not a prepackaged product or in an advertisement for a prepackaged product that is not made or placed by or on the direction of the manufacturer of the product, the label or advertisement shall include a declaration, per serving of stated size, of

    • (a) the energy value, if the energy value is the subject of the statement or claim; or

    • (b) the amount of the nutrient, if a nutrient is the subject of the statement or claim.

  • (1.1) Subsection (1) does not apply if the statement or claim is made on the label of or in the advertisement for a fresh vegetable or fruit or any combination of fresh vegetables or fruits without any added ingredients, an orange with added food colour or a fresh vegetable or fruit coated with mineral oil, paraffin wax, petrolatum or any other protective coating.

  • (2) If the statement or claim is made in an advertisement other than a radio or television advertisement, the declaration referred to in subsection (1) shall be

    • (a) adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once; and

    • (b) shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once.

  • (3) If the statement or claim is made in a radio advertisement or in the audio portion of a television advertisement, the declaration referred to in subsection (1) shall immediately precede or follow the statement or claim.

  • (4) If the statement or claim is made in a television advertisement, the declaration referred to in subsection (1) shall be communicated

    • (a) in the audio mode, if the statement or claim is made only in the audio portion of the advertisement or in both the audio and visual portions; or

    • (b) in the audio or visual mode, if the statement or claim is made only in the visual portion of the advertisement.

  • (5) If the declaration referred to in subsection (1) is communicated in the visual mode of a television advertisement, it shall

    • (a) appear concurrently with and for at least the same amount of time as the statement or claim;

    • (b) be adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once; and

    • (c) be shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once.

  • SOR/2003-11, s. 20;
  • SOR/2016-305, ss. 16, 75(F).
 
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