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

Marginal note:Inspection — net quantity

• 200 (1) An inspection of a lot of food, each unit of which purports to contain the same net quantity, by an inspector for the purpose of determining whether the lot meets the conditions of paragraphs 199(3)(a) and (b) must be conducted by collecting and examining a sample from the lot.

• Marginal note:Number of units collected — Schedule 5

  (2) Subject to subsection (3), if a lot contains the number of units set out in column 1 of Part 1 of Schedule 5, the inspector must collect from the lot at least the number of units set out in column 2 and the units collected constitute the sample referred to in subsection (1).

• Marginal note:Destruction of units

  (3) If, for the purpose of determining the net quantity, other than for establishing the weight of the container, it is necessary to destroy a certain number of units in the lot, an inspector must not collect a number of units intended to be destroyed that is more than 10% of the total number of units in the lot or less than one unit, and the units collected constitute the sample referred to in subsection (1).

• Marginal note:Determination of inspector

  (4) The lot from which a sample was collected and examined by an inspector does not meet the conditions of paragraphs 199(3)(a) and (b) if the inspector determines that

  • (a) the weighted average quantity of the units in the sample, as determined by the formula set out in Part 2 of Schedule 5, is less than the declared net quantity;

  • (b) the number of units in the sample that contain less than the declared net quantity by more than the prescribed tolerance set out in Schedule 4 for that quantity is equal to or greater than the number set out in column 2 of Part 4 of Schedule 5 for the sample size set out in column 1 of that Part; or

  • (c) two or more units in the sample contain less than the declared net quantity by more than twice the prescribed tolerance set out in Schedule 4 for that quantity.

• Marginal note:Liquid consumer prepackaged food

  (5) In the case of an inspection of a consumer prepackaged food that consists of a liquid, the net quantity of the food must be determined on the basis of the assumption that the liquid is at a temperature of 20°C.

• Marginal note:Frozen liquid consumer prepackaged food

  (6) In the case of an inspection of a consumer prepackaged food that consists of a frozen liquid food and that is normally sold and consumed in a frozen state, the net quantity of the food must be determined when the food is in a frozen state.

SUBDIVISION CStandards Prescribed for Food

Marginal note:Common names

201 A food, whether prepackaged or not, that is sent or conveyed from one province to another or that is imported or exported, and whose label bears a common name printed in boldface type, but not in italics, in the Standards of Identity Document must meet any standard that applies in respect of that common name.

Marginal note:Icewine

202 It is prohibited for a person to sell a consumer prepackaged food whose label bears the word or expression “icewine” or “ice wine” or “ice-wine” or “vin de glace” or any similar word or expression, or any abbreviation of, symbol for or phonetic rendering of any of those words or expressions, unless the food meets the standard set out in Volume 8 of the Standards of Identity Document.

SUBDIVISION DInformation

Marginal note:Compliance with requirements of this Part

• 203 (1) An item of information that is shown on the label of a prepackaged food must meet any requirement of this Part that applies to that item of information, even if these Regulations do not require the food to be labelled with that item of information.

• Marginal note:Application

  (2) Subsection (1) applies in respect of

  • (a) in the case of an item of information referred to in Division 2, any prepackaged food that is sold in Canada and any prepackaged food that is sent or conveyed from one province to another or that is imported; and

  • (b) in the case of an item of information referred to in these Regulations, other than in Division 2, any food that is sent or conveyed from one province to another or that is imported or exported.

• Marginal note:Application — paragraphs 218(1)(a) and (b)

  (3) In the case of an item of information referred to in paragraphs 218(1)(a) and (b), subsection (1) also applies in respect of any dairy products, eggs, processed egg products, fish, fresh fruits or vegetables, processed fruit or vegetable products, honey, maple products or meat products that are prepackaged and exported.

Marginal note:Use of word “classifié”

204 If a provision of these Regulations requires the word “classifié” to be shown on a label, the word “classé” may be used in its place.

SUBDIVISION EOfficial Languages

Marginal note:Prepackaged food

• 205 (1) Any information that is required by these Regulations to be shown on the label of a prepackaged food, other than a consumer prepackaged food, and that is not information referred to in subsection (3) must be shown on the label in at least one official language.

• Marginal note:Exception — words or expressions in quotation marks

  (2) For the purposes of subsection 48(2), section 254 and subsections 256(1) and 333(2), both an English and a French word or expression that appears in quotation marks must be shown on the label of a prepackaged food except if the label of that food is authorized to show information in only one official language under subsections B.01.012(2) to (10) of the Food and Drug Regulations.

• Marginal note:Exception — both official languages

  (3) The label of a prepackaged food must bear, in both official languages,

  • (a) the size designation of eggs that are graded Canada A referred to in section 316; and

  • (b) the colour class of maple syrup that is graded Canada Grade A or graded Grade A referred to in section 325.

Marginal note:Consumer prepackaged food

• 206 (1) The information that is required by these Regulations to be shown on the label of a consumer prepackaged food must be shown in both official languages, except in the case where the label of that food is authorized to show information in only one official language under subsections B.01.012(2) to (10) of the Food and Drug Regulations.

• Marginal note:Words or expressions in quotation marks

  (2) A provision of these Regulations — other than paragraphs 110(a) and 111(a) — that requires a consumer prepackaged food to be labelled with words or expressions that appear in quotation marks must be read to require both an English word or expression and a French word or expression to be shown on the label of the food, except in the case where the label of that food is authorized to show information in only one official language under subsections B.01.012(2) to (10) of the Food and Drug Regulations.

• Marginal note:Exception — only one official language

  (3) Despite subsection (1), the grade name may be shown on the label of consumer prepackaged fish in only one official language.

Marginal note:Modifications

207 For the purposes of subsections 205(2) and 206(1) and (2),

• (a) the expression “principal display panel” in subsections B.01.012(8) and (10) of the Food and Drug Regulations has the same meaning as in section 1 of these Regulations;

• (b) a reference to “these Regulations” in subsections B.01.012(2), (3), (7) and (8) of the Food and Drug Regulations must be read as a reference to “Part 11 of the Safe Food for Canadians Regulations”; and

• (c) a reference to “manufactured, processed, produced or packaged”, “manufactured, processed or packaged” or “manufactured, processed, produced or packaged for resale” in the definitions local food and specialty food in subsection B.01.012(1) of the Food and Drug Regulations and in subsection B.01.012(9) of those Regulations must be read as a reference to “manufactured, processed, treated, preserved, produced or packaged”.

SUBDIVISION FLegibility and Type Size

Marginal note:Legibility

208 Any information that a label is required by these Regulations to bear must be clearly and prominently shown and readily discernible to the purchaser under the customary conditions of purchase and use.

Marginal note:Upper or lower case

209 If a word or expression that appears in quotation marks in these Regulations is required to be shown on a label, it may, unless otherwise provided, be shown in upper or lower case, or both, so long as it meets the legibility and character height requirements of these Regulations.

Marginal note:Type size

• 210 (1) This section applies unless another provision of this Part specifies a character height for a particular item of information.

• Marginal note:Consumer prepackaged food

  (2) The information that a label of a consumer prepackaged food is required by this Part to bear must be shown in characters that are at least 1.6 mm in height.

• Marginal note:Exception

  (3) That information, other than the declaration of net quantity, may be shown in characters that are at least 0.8 mm in height if

  • (a) the information that a label is required by Division 2 to bear is shown on the principal display panel; and

  • (b) the area of the principal display surface is 10 cm² or less.

Marginal note:Measurement of type size

211 The height of the characters in words shown on a label must be determined by measuring

• (a) the height of an upper case letter, if the words are shown in upper case only; and

• (b) the height of the lower case letter “o”, if the words are shown in lower case or in both upper and lower case.

DIVISION 2Requirements Applicable to Prepackaged Food

SUBDIVISION AApplication of this Division

Marginal note:Sale, interprovincial trade or import

• 212 (1) The requirements of this Division apply in respect of any prepackaged food that is sold in Canada, sent or conveyed from one province to another or imported.

• Marginal note:Export

  (2) Section 217, paragraphs 218(1)(a) and (b) and section 225 also apply in respect of any dairy products, eggs, processed egg products, fish, fresh fruits or vegetables, processed fruit or vegetable products, honey, maple products or meat products that are prepackaged and exported.

Marginal note:Exception — sections 214 and 217

213 Sections 214 and 217 do not apply in respect of any prepackaged foods that are

• (a) confections that are sold individually, commonly known as one-bite confections;

• (b) fresh fruits or vegetables that are packaged in a wrapper, or a confining band, that is less than 13 mm in width; or

• (c) fresh fruits or vegetables that are packaged in a protective wrapper, or a protective bag, that is transparent and on which no information is shown other than a price, bar code, number code, environmental statement or product treatment symbol.

SUBDIVISION BSale and Advertisement

Marginal note:Sale — prepackaged food

214 It is prohibited for a person to sell a prepackaged food unless a label that meets the requirements of Divisions 1 and 2 is applied or attached to the prepackaged food in the manner set out in these Regulations.

Marginal note:Advertising — consumer prepackaged food

215 It is prohibited for a person to advertise a consumer prepackaged food unless a label is applied or attached to the food in the manner set out in Divisions 1 and 2.

Marginal note:Representations relating to net quantity

216 It is prohibited for a person, in advertising a consumer prepackaged food, to make any representation with respect to the net quantity of the food except in the manner set out in Divisions 1 and 2.

Marginal note:Sale of prepackaged food after expiration date

• 216.1 (1) It is prohibited for a person to sell a prepackaged food after the expiration date that is required to be shown on the prepackaged food’s label under Divisions 24 and 25 of Part B of the Food and Drug Regulations.

• Marginal note:Prohibition — unpackaged food or used as ingredient

  (2) It is prohibited for a person to sell the food referred to in subsection (1) as an unpackaged food or use it as an ingredient in another food.