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

Regulations are current to 2024-03-06 and last amended on 2023-11-24. Previous Versions

PART BFoods (continued)

DIVISION 2Alcoholic Beverages (continued)

Gin (continued)

 [Repealed, SOR/93-145, s. 15]

 No person shall make any claim for age for gin but gin that has been held in suitable containers may bear a label declaration to that effect.

Brandy

 [S]. Brandy, other than Armagnac Brandy or Armagnac, Canadian Brandy, Cognac Brandy or Cognac, Dried Fruit Brandy, Fruit Brandy, Grappa, Lees Brandy and Pomace or Marc,

  • (a) shall be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained by the distillation of wine; and

  • (b) may contain

    • (i) caramel,

    • (ii) fruit and other botanical substances, and

    • (iii) flavouring and flavouring preparations.

  • SOR/84-300, s. 12
  • SOR/93-145, s. 16

 [S]. Armagnac Brandy or Armagnac shall be brandy manufactured in the Armagnac district of France in accordance with the laws of the French Republic for consumption in that country.

  • SOR/93-145, s. 16

 [S]. Canadian Brandy

  • (a) shall be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained by the distillation of wine that has been fermented in Canada; and

  • (b) may contain

    • (i) caramel,

    • (ii) fruit and other botanical substances, and

    • (iii) flavouring and flavouring preparations.

  • SOR/93-145, s. 16

 [S]. Cognac Brandy or Cognac shall be brandy manufactured in the Cognac district of France in accordance with the laws of the French Republic for consumption in that country.

  • SOR/93-145, s. 16

 [S]. Dried Fruit Brandy

  • (a) shall be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained from sound dried fruit; and

  • (b) may contain

    • (i) caramel,

    • (ii) fruit and other botanical substances, and

    • (iii) flavouring and flavouring preparations.

  • SOR/93-145, s. 16

 [S]. Fruit Brandy

  • (a) shall be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained by the distillation of

    • (i) fruit wine or a mixture of fruit wines, or

    • (ii) a fermented mash of sound ripe fruit other than grapes, or a mixture of sound ripe fruits other than grapes;

  • (b) may contain

    • (i) caramel,

    • (ii) fruit and other botanical substances, and

    • (iii) flavouring and flavouring preparations; and

  • (c) may be described on its label as “(naming the fruit) brandy” if all of the fruit or fruit wine used to make the brandy originates from the named fruit.

  • SOR/93-145, s. 16

 [S]. Grappa

  • (a) shall be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained by the distillation of the pomace from sound ripe grapes after the removal of the juice or wine; and

  • (b) may contain

    • (i) caramel

    • (ii) fruit and other botanical substances, and

    • (iii) flavouring and flavouring preparations.

  • SOR/93-145, s. 16

 [S]. Lees Brandy

  • (a) shall be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained by the distillation of the lees of wine or fruit wine;

  • (b) may contain

    • (i) caramel,

    • (ii) fruit and other botanical substances, and

    • (iii) flavouring and flavouring preparations; and

  • (c) may be described on its label as “(naming the fruit) Lees Brandy” if all of the lees used to make the brandy originate from the named fruit.

  • SOR/93-145, s. 16

 [S]. Pomace or Marc

  • (a) shall be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained by the distillation of the skin and pulp of sound ripe fruit after the removal of the fruit juice, wine or fruit wine;

  • (b) may contain

    • (i) caramel,

    • (ii) fruit and other botanical substances, and

    • (iii) flavouring and flavouring preparations; and

  • (c) may be described on its label as “(naming the fruit) Pomace” or “(naming the fruit) Marc” if all of the skin and pulp used to make the brandy originate from the named fruit.

  • SOR/93-145, s. 16

 No person shall blend or modify in any manner any brandy that is imported in bulk for the purpose of bottling and sale in Canada as imported brandy, except by

  • (a) blending with other imported brandy;

  • (b) the addition of caramel; and

  • (c) the addition of distilled or otherwise purified water to adjust the brandy to a required strength.

  • SOR/93-145, s. 16

 Where brandy is wholly distilled in a country other than Canada, the label shall indicate the country of origin.

  • SOR/84-300, s. 13(F)
  • SOR/93-145, s. 16
  •  (1) No person shall sell any brandy that has not been aged for a period of at least one year in wooden containers or at least six months in small wood.

  • (2) Nothing in subsection (1) applies in respect of flavouring contained in brandy, but no person shall sell brandy containing any flavouring, other than wine, that has not been aged for a period of at least one year in wooden containers or at least six months in small wood.

  • (3) Nothing in subsection (1) or (2) applies in respect of brandy that meets the standards prescribed by any of sections B.02.051 to B.02.058.

  • (4) No person shall make any claim with respect to the age of brandy other than for the period during which the brandy has been held in wooden containers or in small wood.

  • SOR/93-145, s. 16

Liqueurs and Spirituous Cordials

 [S]. Liqueur or Spirituous Cordial

  • (a) shall be a product obtained by the mixing or distillation of alcohol from food sources with or over fruits, flowers, leaves or other botanical substances or their juices or with extracts derived by the infusion, percolation or maceration of those botanical substances;

  • (b) shall have added, during the course of manufacture, a sweetening agent in an amount that is not less than 2.5 per cent of the finished product;

  • (c) shall contain not less than 23 per cent absolute alcohol by volume; and

  • (d) may contain

    • (i) natural and artificial flavouring preparations, and

    • (ii) colour.

  • SOR/93-145, s. 16

Vodka

  •  [S]. (1) Vodka shall be a potable alcoholic distillate obtained from potatoes, cereal grain or any other material of agricultural origin fermented by the action of yeast or a mixture of yeast and other micro-organisms.

  • (2) The distillate shall be treated with charcoal or other means so that the vodka is without distinctive character, aroma or taste.

  • (3) Vodka produced, in whole or in part, from material of agricultural origin other than potatoes or cereal grain, shall carry in close proximity to the common name, the statement “produced from” followed by the name of all material of agricultural origin used.

Tequila

  •  (1) Subject to subsection (2), no person shall label, package, sell or advertise any food as Tequila, or in such a manner that it is likely to be mistaken for Tequila unless it is Tequila manufactured in Mexico as Tequila in accordance with the laws of Mexico applicable in respect of Tequila for consumption in Mexico.

  • (2) A person may modify Tequila that is imported for the purpose of bottling and sale in Canada as Tequila by the addition of distilled or otherwise purified water to adjust the Tequila to a required strength.

  • SOR/93-603, s. 5

Mezcal

  •  (1) Subject to subsection (2), no person shall label, package, sell or advertise any food as Mezcal, or in such a manner that it is likely to be mistaken for Mezcal unless it is Mezcal manufactured in Mexico as Mezcal in accordance with the laws of Mexico applicable in respect of Mezcal for consumption in Mexico.

  • (2) A person may modify Mezcal that is imported for the purpose of bottling and sale in Canada as Mezcal by the addition of distilled or otherwise purified water to adjust the Mezcal to a required strength.

  • SOR/93-603, s. 6

Wine

 [S]. Wine

  • (a) shall be an alcoholic beverage that is produced by the complete or partial alcoholic fermentation of fresh grapes, grape must, products derived solely from fresh grapes, or any combination of them;

  • (b) may have added to it during the course of the manufacture

    • (i) yeast,

    • (ii) concentrated grape juice,

    • (iii) dextrose, fructose, glucose or glucose solids, invert sugar, sugar, or aqueous solutions of any of them,

    • (iv) yeast foods, in accordance with Table XIV to section B.16.100,

    • (v) calcium sulphate in such quantity that the content of soluble sulphates in the finished wine shall not exceed 0.2 per cent weight by volume calculated as potassium sulphate,

    • (vi) calcium carbonate in such quantity that the content of tartaric acid in the finished wine shall not be less than 0.15 per cent weight by volume,

    • (vii) sulphurous acid, including salts thereof, in such quantity that its content in the finished wine shall not exceed

      • (A) 70 parts per million in the free state, or

      • (B) 350 parts per million in the combined state, calculated as sulphur dioxide,

    • (viii) any of the following substances:

      • (A) citric acid, fumaric acid, lactic acid, malic acid, potassium bicarbonate, potassium carbonate, potassium citrate and tartaric acid, at a maximum level of use consistent with good manufacturing practice,

      • (B) metatartaric acid at a maximum level of use of 0.01 per cent, and

      • (C) potassium acid tartrate at a maximum level of use of 0.42 per cent,

    • (ix) amylase and pectinase at a maximum level of use consistent with good manufacturing practice,

    • (x) ascorbic acid or erythorbic acid, or their salts, at a maximum level of use consistent with good manufacturing practice,

    • (xi) antifoaming agents, in accordance with Table VIII to section B.16.100,

    • (xii) any of the following fining agents:

      • (A) activated carbon, albumen, casein, clay, diatomaceous earth, egg-white, isinglass, polyvinylpolypyrrolidone and silicon dioxide,

      • (B) acacia gum, agar, gelatin and potassium ferrocyanide, at a maximum level of use consistent with good manufacturing practice,

      • (C) tannic acid at a maximum level of use of 200 parts per million, and

      • (D) polyvinylpyrrolidone in an amount that does not exceed 2 parts per million in the finished product,

    • (xiii) caramel at a maximum level of use consistent with good manufacturing practice,

    • (xiv) brandy, fruit spirit or alcohol derived from the alcoholic fermentation of a food source distilled to not less than 94 per cent alcohol by volume,

    • (xv) any of the following substances:

      • (A) carbon dioxide and ozone at a maximum level of use consistent with good manufacturing practice, and

      • (B) oxygen,

    • (xvi) sorbic acid or salts thereof, not exceeding 500 parts per million calculated as sorbic acid,

    • (xvii) malolactic bacteria from the genera Lactobacillus, Leuconostoc and Pediococcus,

    • (xviii) copper sulphate in such a quantity that the content of copper in the finished product shall not exceed 0.0001 per cent,

    • (xix) nitrogen, and

    • (xx) oak chips and particles; and

  • (c) prior to final filtration may be treated with

    • (i) a strongly acid cation exchange resin in the sodium ion form, or

    • (ii) a weakly basic anion exchange resin in the hydroxyl ion form.

  • SOR/78-402, s. 1
  • SOR/81-565, s. 1
  • SOR/84-300, ss. 14(F), 15(E)
  • SOR/2006-91, s. 1
  • SOR/2008-142, s. 1(F)
  • SOR/2010-143, s. 39(E)
  • SOR/2016-74, s. 5(E)

 No person shall sell wine that contains more than 0.24 per cent weight by volume of volatile acidity calculated as acetic acid, as determined by official method FO-2, Determination of Volatile Acidity of Wine, Cider and Champagne Cider, October 15, 1981.

  • SOR/82-768, s. 2
  • SOR/2006-91, s. 2

 [S]. Fruit spirit shall be an alcoholic distillate obtained from wine, fruit wine, grape pomace or fruit pomace.

 

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