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• 6 (1) In this section,

  mother tongue

  mother tongue  means the language first learned in childhood by persons in any area of Canada and still understood by them as ascertained by the decennial census taken immediately preceding the date on which the prepackaged product referred to in subsection (3) is sold to the consumer; (langue maternelle)

  specialty product

  specialty product  means a prepackaged product that is an imported product

  • (a) that is not widely used by the population as a whole in Canada; and

  • (b) for which there is no readily available substitute that is manufactured, processed, produced or packaged in Canada and that is generally accepted as being a comparable substitute; (produit spécial)

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• (5) Subsection (3) does not apply to a test market product unless the dealer who intends to conduct the test marketing of the product has, six weeks prior to conducting the test marketing, filed with the Minister of Consumer and Corporate Affairs a notice of intention in such form as the Minister may prescribe.

• (6) A test market product shall, for the purposes of subsection (3) and paragraph 36(3)(a), cease to be a test market product upon the expiration of 12 cumulative months after the date on which it was first offered for sale as a test market product but any test market product that was acquired for resale by a dealer, other than the dealer who filed the notice of intention referred to in subsection (5), before the expiration of those 12 cumulative months, shall continue to be a test market product for the purposes of subsection (3) and paragraph 36(3)(a) until it is sold to a consumer.

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• (8) Where there are one or more surfaces on the label of a prepackaged product that are of at least the same size and prominence as the principal display panel, the information required by the Act and these Regulations to be shown on the principal display panel may be shown in one official language if such information is shown in the other official language on one of those other surfaces.

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24 The declaration of net quantity in Canadian units for a measurement of volume less than one gallon shall be shown in fluid ounces, except that 20 fluid ounces may be shown as being one pint, 40 fluid ounces as being one quart, 60 fluid ounces as being three pints, 80 fluid ounces as being two quarts or 1/2 gallon and 120 fluid ounces as being three quarts.

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• (2) Where a prepackaged product that is wholly manufactured or produced in a country other than Canada has applied to it, whether in Canada or elsewhere, a label that shows the identity and principal place of business of the person in Canada for whom the prepackaged product was manufactured or produced for resale, the identity and principal place of business of that person shall be preceded by the words “imported by” (“importé par”) or “imported for” (“importé pour”), as the case may be, unless the geographic origin of the prepackaged product is stated on the label.

• (3) Where a product that is wholly manufactured or produced in a country other than Canada is packaged in Canada at other than the retail level of trade and the resulting prepackaged product has applied to it a label that shows the identity and principal place of business of either the person in Canada for whom the product was manufactured or produced for resale in prepackaged form or for whom the prepackaged product was manufactured or produced for resale, the identity and principal place of business of that person shall be preceded by the words “imported by” (“importé par”) or “imported for” (“importé pour”), as the case may be, unless the geographic origin of the product is stated on the label.

• (4) Subject to the requirements of any other applicable federal or provincial law, the statement of geographic origin referred to in subsections (2) and (3) shall be located immediately adjacent to the declaration of dealer identity and principal place of business and shall be shown in letters at least as large as those used in the declaration of the Canadian dealer’s principal place of business.

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• 39 (1) The examination of any quantity of prepackaged products that are owned by a dealer, hereinafter referred to as a lot, each unit of which purports to contain the same net quantity of product, that an inspector undertakes to determine whether the lot meets the requirements of the Act and these Regulations respecting the declaration of net quantity, shall be made by selecting and examining a sample from the lot.

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• (4) The lot from which a sample was taken and examined by an inspector does not meet the requirements of the Act and these Regulations respecting the declaration of net quantity where the inspector determines that

  • (a) the weighted average quantity of the units in the sample, as determined by the formula set out in Part II of Schedule II, is less than the declared net quantity;

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