Safe Food for Canadians Regulations (SOR/2018-108)

Marginal note:Frozen fish

108 A licence holder must protect from dehydration and oxidation all frozen fish that is stored in a conveyance.

DIVISION 6Fresh Fruits or Vegetables

SUBDIVISION AInterpretation and Application

Marginal note:Definitions

109 The following definitions apply in this Division.

apple

apple means a fresh apple for which a grade is prescribed by these Regulations. (pomme)

onion

onion means a fresh onion for which a grade is prescribed by these Regulations. (oignon)

potato

potato means a fresh potato for which a grade is prescribed by these Regulations. (pomme de terre)

Marginal note:Fresh fruits or vegetables packaged together

110 The requirements of sections 113 to 121 and 269 — as well as any requirements under Division 2 of Part 10 and Part 12 that apply in respect of fresh fruits or vegetables — do not apply in respect of consumer prepackaged fresh fruits or vegetables if the container contains more than one type of fresh fruit or vegetable but no other food and if

• (a) the label that is applied or attached to the container bears the expression “Fresh Pack” or “emballage frais” or, in the case of consumer prepackaged fresh vegetables, the expression “Stew-pack” or “légumes mixtes” or the expression “Vegetables for Stew” or “légumes pour ragoût”;

• (b) no one type of fresh fruit or vegetable in the container exceeds 1 kg net weight; and

• (c) the net weight of the fresh fruits or vegetables in the container does not exceed 10 kg.

Marginal note:Fresh fruits or vegetables packaged with other food

111 The requirements of sections 113 to 121 and 269 — as well as any requirements under Division 2 of Part 10 and Part 12 that apply in respect of fresh fruits or vegetables — do not apply in respect of consumer prepackaged fresh fruits or vegetables if the container contains more than one type of fresh fruit or vegetable together with other food and if

• (a) the label that is applied or attached to the container bears the expression “Gift Pack” or “emballage-cadeau” or the expression “Combo Pack” or “emballage mixte”;

• (b) no one type of fresh fruit or vegetable in the container exceeds 1 kg net weight; and

• (c) the net weight of the fresh fruits or vegetables and other food in the container does not exceed 10 kg.

SUBDIVISION BImport

Marginal note:Whole fresh fruits or vegetables

112 The requirements of this Subdivision apply in respect of any fresh fruits or vegetables that are whole.

Marginal note:Imported potatoes

• 113 (1) Potatoes that are imported must meet the requirements for the grade Canada No. 1 that are set out in the Compendium.

• Marginal note:Presumption — potatoes from United States

  (2) Potatoes that are imported from the United States are considered to meet the requirements for the grade Canada No. 1 that are set out in the Compendium if the potatoes have been graded in the United States and meet the applicable requirements that are set out in the document entitled Grade Standard Requirements for Fresh Fruits or Vegetables Imported from the United States, prepared by the Agency and published on its website, as amended from time to time.

Marginal note:Apples from foreign state other than United States

• 114 (1) Apples that are imported from a foreign state other than the United States must meet the requirements for the grade Canada Extra Fancy, Canada Fancy or Canada Commercial that are set out in the Compendium.

• Marginal note:Apples from United States

  (2) Apples that are imported from the United States must meet the requirements for the grade Canada Extra Fancy or Canada Fancy that are set out in the Compendium.

• Marginal note:Presumption — apples from United States

  (3) Apples that are imported from the United States are considered to meet the requirements for the grade Canada Extra Fancy or Canada Fancy that are set out in the Compendium if the apples have been graded in the United States and meet the applicable requirements that are set out in the document entitled Grade Standard Requirements for Fresh Fruits or Vegetables Imported from the United States, prepared by the Agency and published on its website, as amended from time to time.

Marginal note:Presumption — general

115 Fresh fruits or vegetables, other than potatoes or apples, that are imported from the United States are considered to meet the applicable requirements that are set out in the Compendium if the fruits or vegetables have been graded in the United States and meet the applicable requirements that are set out in the document entitled Grade Standard Requirements for Fresh Fruits or Vegetables Imported from the United States, prepared by the Agency and published on its website, as amended from time to time.

Marginal note:Foreign states — onions, potatoes and apples

116 Onions and potatoes that are imported from a foreign state other than the United States, and apples that are imported from a foreign state other than the United States and New Zealand, must meet and be certified by the Minister as meeting the following requirements:

• (a) the applicable requirements that are set out in Parts 10 to 12;

• (b) in the case of onions, the requirements for a particular grade of onions that are set out in the Compendium;

• (c) in the case of potatoes, the requirements for the grade Canada No. 1 that are set out in the Compendium; and

• (d) in the case of apples, the requirements for the grade Canada Extra Fancy, Canada Fancy or Canada Commercial that are set out in the Compendium.

Marginal note:Onions, potatoes and apples from United States

• 117 (1) Onions, potatoes and apples that are imported from the United States must

  • (a) be accompanied at the Canadian port of entry by a serially numbered certificate or evidence, in the form of a facsimile or a copy of an email message, issued by the federal department responsible for agriculture in the United States, that establishes that the following requirements are met:

    • (i) the applicable requirements that are set out in Parts 10 to 12,

    • (ii) in the case of onions, the requirements for a particular grade of onions that are set out in the Compendium,

    • (iii) in the case of potatoes, the requirements for the grade Canada No. 1 that are set out in the Compendium, and

    • (iv) in the case of apples, the requirements for the grade Canada Extra Fancy or Canada Fancy that are set out in the Compendium; or

  • (b) meet and be certified by the Minister as meeting the requirements that are set out in subparagraph (a)(i) and, in accordance with any general tolerances for inspection at the time of shipping or repackaging that are set out in the Compendium, the requirements that are set out in subparagraph (a)(ii), (iii) or (iv).

• Marginal note:Endorsement

  (2) The certificate and evidence referred to in paragraph (1)(a) must be endorsed with the expression “Meets Canadian Import Requirements for Grades, Packaging, Labelling and Standard Container Size” or “satisfait aux exigences d’importation du Canada visant la classification, l’emballage, l’étiquetage et la taille des contenants normalisés”.

Marginal note:Apples from New Zealand

• 118 (1) Apples that are imported from New Zealand must

  • (a) be accompanied at the Canadian port of entry by a serially numbered certificate or evidence, in the form of a facsimile or a copy of an email message, issued by the ministry responsible for agriculture in New Zealand, that establishes that the following requirements are met:

    • (i) the applicable requirements that are set out in Parts 10 to 12, and

    • (ii) the requirements for the grade Canada Extra Fancy, Canada Fancy or Canada Commercial that are set out in the Compendium; or

  • (b) meet and be certified by the Minister as meeting the requirements that are set out in subparagraph (a)(i) and, in accordance with any general tolerances for inspection at the time of shipping or repackaging that are set out in the Compendium, the requirements that are set out in subparagraph (a)(ii).

• Marginal note:Endorsement

  (2) The certificate and evidence referred to in paragraph (1)(a) must be endorsed with the expression “Meets Canadian Import Requirements for Grades, Packaging, Labelling and Standard Container Size” or “satisfait aux exigences d’importation du Canada visant la classification, l’emballage, l’étiquetage et la taille des contenants normalisés”.

Marginal note:Exception

119 Sections 116 to 118 do not apply in respect of onions, potatoes or apples that are part of a shipment that consists of not more than

• (a) 15 containers of onions with an aggregate net weight of not more than 250 kg of onions;

• (b) 15 containers of potatoes with an aggregate net weight of not more than 250 kg of potatoes; and

• (c) 15 containers of apples with an aggregate net weight of not more than 250 kg of apples.

Marginal note:In transit

120 For the purposes of sections 113 to 119, if fresh fruits or vegetables are sent or conveyed to Canada in an in bond shipment from a foreign state other than the United States and pass only in transit through the United States, the fresh fruits or vegetables are not considered to have been imported from the United States.

Marginal note:Application for certificate

• 121 (1) An application for the issuance of a certificate referred to in section 116 or paragraph 117(1)(b) or 118(1)(b) must be made to the Minister in a form approved by the President.

• Marginal note:Inspection

  (2) The Minister may require an inspection for the purpose of deciding whether to issue the certificate.

• Marginal note:Inspection — accessibility

  (3) If an inspection is required, the applicant must make the onions, potatoes or apples readily accessible to an inspector at the time of inspection.

SUBDIVISION CTrade of Fresh Fruits or Vegetables

Marginal note:Prohibition

• 122 (1) It is prohibited for a person to

  • (a) sell any fresh fruits or vegetables that are to be exported or sent or conveyed from one province to another;

  • (b) purchase or negotiate the purchase on another person’s behalf of any fresh fruits or vegetables that are to be imported or sent or conveyed from one province to another;

  • (c) receive any fresh fruits or vegetables that have been imported or sent or conveyed from one province to another; or

  • (d) send or convey from one province to another or import or export any fresh fruits or vegetables.

• Marginal note:Exception — persons

  (2) Subsection (1) does not apply in respect of

  • (a) any person who is a member in good standing of the Fruit and Vegetable Dispute Resolution Corporation, a corporation incorporated under Part 2 of the Canada Not-for-profit Corporations Act, as described in its by-laws;

  • (b) any person who only sells fresh fruits or vegetables directly to consumers if that person paid less than $100,000 for the fresh fruits and vegetables that they sold to consumers within the previous 12 months;

  • (c) any person who only purchases, sells or negotiates the purchase or sale on another person’s behalf, sends or conveys from one province to another or imports or exports less than one metric ton of fresh fruits and vegetables per day;

  • (d) any person who only sells fresh fruits or vegetables that they have grown themselves; or

  • (e) a registered charity as defined in subsection 248(1) of the Income Tax Act or a club, society or association described in paragraph 149(1)(l) of that Act.

• Marginal note:Exception — nuts, wild fruit and wild vegetables

  (3) Subsection (1) does not apply in respect of nuts, wild fruit and wild vegetables.

Marginal note:Damaged or defective fresh fruits or vegetables

• 123 (1) If a claim is made that all or part of a shipment of fresh fruits or vegetables that is imported or sent or conveyed from one province to another has arrived at its destination in a damaged or defective condition, any person who has a financial interest in that shipment may make a request to the Minister for

  • (a) a written report that describes the condition of any damaged or defective fruits or vegetables at the time of the inspection; or

  • (b) a written notice of the disposition of any damaged or defective fresh fruits or vegetables that describes the amount of fresh fruit or vegetables that have been disposed of and the place and time of their disposal.

• Marginal note:Request for report or notice

  (2) The request for a report or notice referred to in subsection (1) must be made to the Minister in a form approved by the President.

• Marginal note:Inspection — accessibility

  (3) The person who makes the request for a report regarding the condition of fresh fruits or vegetables must make the fresh fruits or vegetables readily accessible to an inspector at the time of inspection.

• Marginal note:Disposition of fresh fruit or vegetable

  (4) The person who makes the request for a notice regarding the disposition of damaged or defective fresh fruits or vegetables must ensure that their disposition is witnessed by an inspector.