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

Marginal note:Type size

319 The grade name of prepackaged fish must be shown in characters that are at least 3.2 mm in height if the declaration of net quantity is 900 g or less.

SUBDIVISION DFresh Fruits or Vegetables

Marginal note:Grade name — prepackaged fresh fruits or vegetables

• 320 (1) The grade name of prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables, must be shown

  • (a) on any surface of the container, except the bottom; and

  • (b) in characters of at least the minimum character height that is set out in column 2 of Schedule 6 for the area of a principal display surface that is set out in column 1.

• Marginal note:Exception — type size

  (2) Despite subsection (1), the grade name of prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables, may, if the container is a reusable plastic container, be in characters that are at least 1.6 mm in height.

• Marginal note:Exception — second container

  (3) If prepackaged fresh fruits or vegetables that are labelled in accordance with these Regulations are placed inside of a second container and the resulting product is prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables, the second container is not required to be labelled with the grade name if the grade name is easily visible and legible without having to open the second container and the grade name is not obscured by the second container.

Marginal note:Size designation

321 Fresh fruits or vegetables that are sent or conveyed from one province to another or imported must be labelled with the applicable size designation that is set out in the Compendium, if any. The size designation must

• (a) be shown in close proximity to the grade name;

• (b) in the case of prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables,

  • (i) if their container is a reusable plastic container, be shown in characters that are at least 1.6 mm in height, or

  • (ii) if their container is not a reusable plastic container, be shown in characters of at least the minimum character height that is set out in paragraph 320(1)(b) for the grade name; and

• (c) in the case of consumer prepackaged fresh fruits or vegetables, be shown in characters of at least the minimum character height that is set out in column 2 of Schedule 6 for the area of a principal display surface that is set out in column 1.

SUBDIVISION EProcessed Fruit or Vegetable Products

Marginal note:Size designation

• 322 (1) A processed fruit or vegetable product that is sent or conveyed from one province to another or that is imported or exported must be labelled with any applicable size designation that is set out in the Compendium. The size designation must be shown in close proximity to the grade name in characters that are at least 1.6 mm in height.

• Marginal note:Exception

  (2) Despite subsection (1), green or wax beans, peas, lima beans, asparagus tips or spears, whole white potatoes, whole carrots or cut carrots-whole style that are in a hermetically sealed package and have not been size graded or that are not all of the same size may be labelled, as the case may be, with the expression

  • (a) “Ungraded as to Size” or “non calibré”; or

  • (b) “Assorted Sizes” or “grosseurs assorties” or “Mixed Sizes” or “grosseurs mixtes”.

SUBDIVISION FHoney

Marginal note:Grade name — prepackaged honey

323 The grade name of prepackaged honey, other than consumer prepackaged honey, must be shown

• (a) on at least one side or one end of the container; and

• (b) in characters that are at least 9.5 mm in height.

Marginal note:Colour class

324 Honey that is sent or conveyed from one province to another or that is imported or exported must be labelled with any applicable colour class that is set out in the Compendium. The colour class must be shown on the container, in close proximity to the grade name,

• (a) in the case of consumer prepackaged honey, in characters that are of at least the minimum character height that is set out in column 2 of Schedule 6 for the area of a principal display surface that is set out in column 1; or

• (b) in the case of prepackaged honey other than consumer prepackaged honey, in the manner set out in paragraphs 323(a) and (b).

SUBDIVISION GMaple Syrup

Marginal note:Colour class

325 Maple syrup that is graded Canada Grade A and is sent or conveyed from one province to another or exported, or that is graded Grade A and is imported, must be labelled with the applicable colour class that is set out in the Compendium. The colour class must be shown on the container in characters of at least the minimum character height that is set out in column 2 of Schedule 6 for the area of a principal display surface that is set out in column 1.

SUBDIVISION HLivestock Carcasses

Marginal note:Prepackaged cut of beef

326 A grade name that is applied to a prepackaged primal cut or sub-primal cut of a beef carcass must correspond to the grade of the beef carcass from which it is cut.

Marginal note:Beef — Canada AAA

327 A cut from a beef carcass that is graded Canada AAA and that is exported in a container may be labelled with the expression “Canada Choice” or “Choix Canada” instead of the grade name.

Marginal note:Livestock carcass — removal of marking

• 328 (1) A grade stamp, roller brand or yield stamp must not be removed from a livestock carcass or a primal cut of a livestock carcass unless the removal is at the direction of and under the supervision of a grader or the livestock carcass or primal cut is being trimmed for further processing.

• Marginal note:Removal of marked fat

  (2) If fat that is marked with a grade stamp, roller brand or yield stamp is removed from a livestock carcass or a primal cut, the fat must be disposed of under a grader’s supervision unless the fat is

  • (a) reapplied to the same livestock carcass or primal cut from which it was removed; or

  • (b) applied, under a grader’s supervision, to another livestock carcass or primal cut that bears the same grade stamp, roller brand or yield stamp.

• Marginal note:Beef carcass — rib

  (3) If the carcass referred to in paragraph (2)(b) is a beef carcass that is graded Canada A, Canada AA, Canada AAA or Canada Prime, the fat must be applied to the rib of the carcass.

Marginal note:Livestock carcass — additional marks

329 A livestock carcass or primal cut of a livestock carcass that is marked with a grade stamp, roller brand or yield stamp may bear another mark only if

• (a) the mark is shown no more than once on the livestock carcass or once on each primal cut;

• (b) the mark is shown alone or in combination with a date;

• (c) the size in height and width of the mark or, if a date is shown, of the mark and date in combination does not exceed 76 mm; and

• (d) the mark and any date do not touch the grade stamp, the roller brand or the yield stamp.

SUBDIVISION IPoultry Carcasses

Marginal note:Grade name — poultry carcass

• 330 (1) The grade name of a poultry carcass must be shown

  • (a) in the case of a poultry carcass that is individually packaged, on the part of the package that lies on or over the anterior centre of the breast of the poultry; and

  • (b) in the case of a poultry carcass that is not individually packaged, on a tag that is attached to the V of the wishbone of the carcass.

• Marginal note:Type size

  (2) The grade name of a poultry carcass must be shown in characters that are

  • (a) in the case of poultry carcass that is not individually packaged or is in a container labelled “not for further processing” or « aucune transformation ultérieure » and individually wrapped, at least 1.5 mm in height;

  • (b) in the case of a consumer prepackaged poultry carcass graded Canada A or Canada C that has a net weight of 1 kg or less, at least 3 mm in height;

  • (c) in the case of a consumer prepackaged poultry carcass graded Canada A or Canada C that has a net weight of more than 1 kg but not more than 5 kg, at least 6 mm in height;

  • (d) in the case of a consumer prepackaged poultry carcass graded Canada A or Canada C that has a net weight of more than 5 kg, at least 9 mm in height;

  • (e) in the case of a consumer prepackaged poultry carcass graded Canada Utility that has a net weight of 5 kg or less, at least 3 mm in height;

  • (f) in the case of a consumer prepackaged poultry carcass graded Canada Utility that has a net weight of more than 5 kg, at least 5 mm in height; and

  • (g) in the case of a prepackaged poultry carcass, other than a consumer prepackaged poultry carcass, at least 6 mm in height.

Marginal note:Packaging in same container

331 Only graded poultry carcasses that are dressed or partially dressed and that have the same common name may be packaged in the same container.

DIVISION 5Conditions for Grading of Certain Foods

SUBDIVISION AGrading of Eggs

Marginal note:Conditions for grading

• 332 (1) A licence holder may grade an egg only if the egg

  • (a) is edible;

  • (b) does not emit an abnormal odour;

  • (c) is not mouldy;

  • (d) has not been in an incubator;

  • (e) does not have any internal defect; and

  • (f) is of a usual colour.

• Marginal note:Exception

  (2) Despite paragraph (1)(e), a licence holder may grade and apply the grade name Canada C to an egg that has a particle of the oviduct or a blood spot neither of which exceeds 3 mm in diameter.

Marginal note:Ungraded eggs

• 333 (1) Ungraded eggs that are received at an establishment where eggs are graded by a licence holder must be graded and labelled with the applicable grade name that is set out in the Compendium or, if they do not meet the requirements in respect of any grade that are set out in these Regulations, they must be rejected.

• Marginal note:Rejected eggs

  (2) Eggs that are rejected must be destroyed or be placed in a container that is labelled with the words “Rejects” and “rejetés”.

SUBDIVISION BGrading of Livestock Carcasses

Marginal note:Request for grading

334 A grader may grade a livestock carcass in an establishment that is identified in a licence or in a provincial establishment if one of the following persons has requested in writing that the carcass be graded:

• (a) any person who is in authority in the establishment;

• (b) any producer; or

• (c) the person who is in possession of the livestock carcass.

Marginal note:Conditions for grading

335 A grader may grade a livestock carcass if

• (a) the carcass bears a meat inspection stamp or, in the case of an imported beef carcass, the official inspection mark of the foreign state of origin;

• (b) the grading takes place

  • (i) in the case of a bison carcass or ovine carcass, in the establishment that is identified in a licence, or the provincial establishment, where the animal was slaughtered,

  • (ii) in the case of a veal carcass, in the establishment that is identified in a licence, or the provincial establishment, where the animal was slaughtered or where the carcass was divided into primal cuts or sub-primal cuts, or

  • (iii) in the case of a beef carcass, in the establishment that is identified in a licence, or the provincial establishment, where the animal was slaughtered or in the establishment that is identified in a licence where the carcass was divided into primal cuts or sub-primal cuts;

• (c) the carcass has been weighed by a weighmaster using a scale that is approved under section 3 of the Weights and Measures Act;

• (d) the carcass is presented for grading

  • (i) at a grading stand where the lighting intensity, measured at the level of the grading stand, is at least 1 000 lx, or

  • (ii) in a cooler where the lighting intensity, measured at the loin level of the carcass, is at least 200 lx;

• (e) at least 10 minutes before grading,

  • (i) in the case of a beef carcass or bison carcass, an employee of the establishment performs, to the satisfaction of the grader, a knife-rib on the carcass, or

  • (ii) in the case of a veal carcass, an employee of the establishment performs, to the satisfaction of the grader, a cut on the lean of the brisket to enable the grader to determine the colour reading of the veal carcass;

• (f) the establishment has adequate equipment and facilities for weighing and grading livestock carcasses; and

• (g) the grading equipment is functioning properly and is accurate.